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Saturday, March 5, 2022

The Last Will & Testament of Benjamin Davis, Jr.

Benjamin Davis, Jr. was born about 1754, a son of Benjamin Davis, Sr. and his wife Rachel Port. He was the third of 12 children borne to Benjamin and Rachel.

Benjamin Jr. first married Nancy Bellune about 1772. She died shortly after their marriage in 1777/78. Benjamin Jr. next married Hannah Dunham about 1779. Hannah was the daughter of Robert and Susan (Burn) Dunham.

Benjamin Jr had two children of his first wife and three from the second marriage.   He wrote his WILL on 21 April 1802. He died very son after writing his will (21 Apr. 1802) and before 2 August 1802.

2 August 1802
Proved the last will & testament of Benjamin Davis [Jr.] late of Catfish planter Deceased by the  oath of Thomas T. Wickham One of the Subscribing Witnefses ~~ At the Same time qualified William Ballune & Benjamin Davis Executors to the Same.  
https://www.familysearch.org/ark:/61903/3:1:939L-V999-KZ?i=10&wc=M6NW-96D%3A210902901%2C210902902&cc=1919417


BENJAMIN DAVIS, Jr. WILL                         

In the name of God Amen. I Benjamin Davis of South Carolina Marion District being weak in body but of Sound mind memory and understanding thanks be to Almighty God for the same  and calling to mind the mortality of man and that it is appointed with all men once to die I do make, ordain and constitute this to be my last Will and Testament form and manner following that is to say First of all. I recommend my soul unto the hands of Almighty God that gave it and my body to be buried in a decent Christian like manner at the discretion of my Executors. Once  as to what worldly goods it hath pleases Almighty God to Blefs me with I will and bequeath the same in manner following vis item I will that all my just debts and Funeral Expenses be paid and discharged.

Imprimis I lend unto my daughter Mary Davis wife of William Davis during her natural life the use of the following Negroes and their increase namely Rachel, Crifsey, Jack, Nero, and Peggy together with what  Stock kind and and <sic> household goods and furniture she hath received  in my lifetime and at her decease. I give  said Negroes namely Rachel, Crifsey, Jack, Nero, and Peggy with their increase to the lawful heirs of her body to be divided amongst them share and share alike. Item

I lend unto my Daughter Elizabeth Davis wife of Henry Davis, Jun. during her natural life the use of the following negroes and their increase namely Marceh, Silvice, Phebe, Sam and Paris with their increase together with what  Stock Kind household Goods and furniture which she hath received in my lifetime And at her decease I give the said Negroes Namely Mirceh, Selvice, Phebe, Sam and Paris with their increase to the lawful heirs of her body to be divided amongst them share and share alike.

I will that one tract of land originally containing one thousand acres lying in the Wolf Islands Granted to James Davis one hundred and twenty five acres of which tract he sold to William Baker the Remainder being Eight hundred and seventy five acres sold to Benjamin David as far Deed or Conveyance the above land to be equally divided either by sale or otherwise betwixt my two daughters Mary and Elizabeth at the discretion of my Executor.

Item I will unto my two daughters Frances and Hannah one tract of land on Settle Peedee on on <sic> the East side of said River containing Four hundred and Sixty four acres by Grant to Benjamin Davis said land bounding on lands of Anthony Sweet 

Item I will unto my son Nimrod (page 28) Davis all the Remainder of my Real Estate consisting of three tracts of land for using each other whereon I now live to him and his heirs forever.

Item I will that the remainder of my Estate herein not particular made mention of by me be Equally divided between my beloved wife Hannah Davis and her three children I have by her namely Frances Hannah and Nimrod. I will that Hannah my wife have the use of the of the fourth part of the property just above mentioned during her natural life and at her decease the said property to be divided amongst her three children namely Frances, Hannah, Nimrod Davis.

Item  I lend unto each of my  three last mentioned children namely Frances, Hannah & Nimrod Severally  the  Fourth part of the last mentioned property during their natural lives and at their decease I give said property to their lawful ifsue or heirs of their Bodies to them and their forever namely all the reminder of my Estate which is not given to my two daughter Mary and Elizabeth. Nevertheless in case other of my nice children Frances, Hannah or Nimrod should die without lawful issue the portion which leave or may receive shall return to the Survivor however of them and shall be equally divided share and share alike.

Lastly, I do hereby nominate and appoint my beloved friend Richard Godfrey, Benjamin Davis, Jun and William Bellune Executors of this my last Will and Testament hereby revoking all and every former Wills or Will by me heretofore made declaring this to be my Last Will and Testament. In Witnefs whereof I have here unto Set my hand and Seal this Twenty First day of April in the year of our Lord One Thousand eight hundred and two and in the Twenty fifth of American Independence.
Signed, Sealed, published and declared to be my last Will and Testament in the presence of
Thos T. Wickham}
Ann Dunnam}                                                                Benjamin Davis {Seal}
Robert Dunnam}
Proved before Saml Cooper Ordinary of Marion District the Second day of August in the year of our Lord One thousand eight hundred and two.

Will Book 1, pages 27 & 28
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-2982-P?i=38&cat=391278


Benjamin Davis, Jr. is my 1st Cousin 6X Removed.



_________________________

[1] Last Will and Testament: https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-2982-P?i=38&cat=391278

[2] Probate: https://www.familysearch.org/ark:/61903/3:1:939L-V999-KZ?i=10&wc=M6NW-96D%3A210902901%2C210902902&cc=1919417

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