Samuel Davis}
Last Will & Testament}
Probated & recorded 20}
February AD 1854}
The State of Alabama Sumter County
I Samuel Davis of the Co State &County aforesaid do make publish & declare this to be my last Will & Testament. I give and bequeath to my Wife Susan Davis the following described lands to wit lying being & situate in Said County to wit the South West Quarter of Section thirty two Township nineteen Range two West. The East half of the South East quarter of section thirty one Same township & Range also five acres of land adjoining the last named half quarter commencing at the South East Corner of the North east quarter of section thirty one Township Nineteen range two West thence North a Sufficient distance to make five acres by running a direct line to the South east Corner of the South West quarter of the North East quarter of the Same Section Township & Range to form a triangle. Also the following Negro Slaves to wit Jincy a woman about forty five years old, and Bill a man about twenty three years old, all my household & Kitchen furniture of every kind & description whatsoever. All my farming tools & implements of every other kind on hand, One bay horse called Sims, one Sorrel mare called Ball one brown mare called Tuss, all my Stock of every kind including Oxens, Cows & calves sheep hogs all the Corn & fodder on hand at the time of my death & grain of any kind and all meats & (illegible?), all the Poultry of every kind ducks chickens &c One loom, all Spinning wheels, Cards &c One wagon & gear, all Saddles lumber ??? Beehives Potatoes &c in Short, I give her everything of which (pg 36) I may die Seized & possessed not herein after disposed of.
I also give to my Wife Susan Davis the use & occupation of the tract of land I purchased from Robert Arrington Known as the Camp Ground tract and lying on the Sucarnoochee River until my Son Hugh M. Davis Shall arrive at the age of twenty one years, or should he die until he would have arrived at that age, unless my Executor shall sell the same as hereinafter directed and in case he sell the same then she shall receive annually the interest of the purchased money up to the time above named when my Son Hugh will be twenty one years old. It is my will that my Executor Shall sell the Camp ground tract of land last describes as soon as he can get Seven hundred Dollars in cash therefor or on a Credit having interest from date, but not to Sell the same for less and in case of a sale he shall pay over the interest annually to my wife Susan Davis until the time my Son Hugh arrives at the age of twenty one years, when he shall pay over the principal to my three Sons named in this clause and incase my Executor cannot effect a Sale of Said Lands for the Sum of Seven hundred Dollars before my Son Hugh arrives at the age of twenty one years or incase of his death at the time he would have been twenty one years had he lived them my Executor shall sell said land for what it will bring whether for cash or on a Credit as he may think best, and the proceeds thereof to be equally divided between my three Sons William R. Davis, Hedley Davis and Hugh M. Davis or their legal heirs and in case my wife Susan Davis should have another Son by me either before or after my death such child shall receive his share of the proceeds of such land.
I also give to my Wife Susan Davis the use & occupation of the following lands for her natural life to wit the North West quarter of Section Six Township eighteen Range Two West known as the Edward Williams tract & lying North of Yellow Creek & also the South half of the West half of the South East quarter of Section Twenty five Township Nineteen Range three West being forty acres of land I purchased from Robert Baker. I also give to my wife Susan Davis for her natural life only a negro girl named Sarah about Seventeen years old & her future increase. It is my wish that at the death of my said Wife the said last named two tracts of land & said Negro girl Sarah & her increase Shall be equally divided between my four daughters Mary Davis, Ellen Davis, Amanda C. (pg 37) Davis & Pernry J. Davis or their legal heirs, and incase my wife Susan Davis should have another daughter by me either before or after my death Such child shall receive her share of said Land & negroes. And in case after death of either or any of my daughters above named dying without children then the Survivors or survivor of them shall inherit such land & negroes.
It is my will that in case my wife Susan Davis shall marry after my death and that my Executor be of opinion that my Sons & daughters above named or any or either of them are improperly treated, by being neglected or abused then the estate credited in my said wife by the last two clauses shall expire and my said Executor shall depose of the property and distribute the same in the same manner as though my wife was dead or my Son Hugh had arrived at the age of twenty one years.
I give a Shot Gun each to my Sons William R. Davis, Hedley Davis & Hugh M. Davis, to be delivered to them at my death.
It is my will that my Executor sell the tract of land purchased by me of George G. Tankenley and known as the Jack Curry tract for Three hundred & fifty Dollars and no less, cash or on a Credit bearing interest from date purchased he can do so in three years from the time of my death and in case he cannot sell the same for that Sum within that time, then to sell the same for what in [it] may bring either for cash or on a Credit as he may think best and when he sells the same and collects the money in case it be Sold on a Credit then I wish the proceeds divided between my four oldest children to wit: James T. Davis, John W. Davis, Jesse P Davis & Rachel L. Walton wife of Richard Walton in the proportion that each Son shall receive double what Rachel receives. And then (illegible?) issues & profits of said Land until the same be sold. I wish my Executors to pay over to my wife Susan Davis for the use and Support of her & my minor children.
It is my Will that my Executor sell& dispose of in any manner he may think proper, my Cotton Crop and (illegible?) at the time of my death or any other property not herein disposed of, promissory notes (illegible?) inaction, or other evidence of debt and (illegible) then from a sufficient sum of money to pay off all my debts & that he pay off and discharge the same and (pg 38) should any moneys (illegible?) in hand or effect come to his hands I want the same paid over to my wife Susan Davis to be expended by her in improving her dwelling & out houses or in repairs in her land, and in the Support maintenance & Education of my minor children.
I hereby appoint John W. Harris Executor of this my last Will and testament and directs that letter testamentary be issued & granted to him without his giving bond & security and that in carrying out this Will he shall continue the same and carry out my instructions according to his judgment & without any liability whatsoever on him except it be a willful violation of this my Will.
Given under my hand & seals this 18 day of December A.D. 1849.
Samuel Davis {Seal}
Signed Sealed in presence of}
H. H. Harris J. A. Abrahams}
D. Maggard}
Since the making of the foregoing Will I have sold & conveyed to Stephen Potts a part of the lands named therein and have purchased from Robert A Baker & his wife Nancy E. Baker others land in lieu thereof as endorsed by a Deed of this date made to me by the Said Baker & wife and I hereby make publish & declare the following Codicil to this my last Will & testament. In lieu of the lands willed to my three Sons I give & bequeath to them the lands described in the Deed of said Baker & wife to me & (illegible) my land Deed containing one hundred & forty two 75/100 acres Subject to the same instructions & under the same Stipulations named in the forgoing Will -- and as heirs of the lands Willed to my Wife Susan Davis I give & bequeath to her the residues of the land named & divided in the Said Deed of Baker & wife to me containing two hundred & sixty eight 50/100 dollars acres Subject at the same restrictions& under the same Stipulations named the 18 day of September A. D. 1851.
Signed & Sealed in the presence of} Samuel Davis {Seal}
W. Waldo Shinner Thos. A. Johnston}
F. M. Potts
I Samuel Davis the maker of the foregoing Will and Codicil being of Sound mind do make publish & declare this additional and future Codicil to my last Will and testaments and as an addition thereto herby ratifying and confirming the (pg 39) aforesaid Will and Codicil as my free act and deed. It is my will that my Executor Jno. W. Harris shall have full and ample power to continue my said Will and codicils and that his actions in relation thereto shall be binding and Valid and that no Court shall construe or direct the execution of the same and that my said executor shall do and cause to be done any and all things he may deem right and proper and from his decisions then shall be no appeal but his acts shall be declared final and absolute, and further that my said executor shall have full and ample power to Sell either at private or public sale without an order or under the direction of any Court or tribunal any oral or formal or mixed property and make and convey full and ample (illegible?) thereto in order that he may execute my said Will & codicil according to his construction of the same. Witness my hand and seal this the Second day of July A.D. 1853.
Signed & Sealed acknowledged in the presence} Samuel Davis {Seal}
E. A. Millard W. A. Wallis M. P. Horne}
The State of Alabama} Personally appeared in open Court
Sumter County} James A. Abrahams one of the Subscribing Witness to the foregoing Will who being first duly Sworn deposes & Says that Samuel Davis whose name appears thereto did whilst of Sound & disposing mind & memory acknowledged in the presence of said Witness & and of Daniel Maggard another of the said Witness that he, Signed, Sealed, published & declared the Same to be his true Last Will & Testament & that both said Witnesses Subscribed their names as witness as to Valid Will in the presence & at the request of such testator on the day & year therein recorded.
J. A. Abrahams
Sworn to & Subscribed before me
B. J. Hijunes Feby 20 1854
I E. A Millard one of the Subscribing Witness to the foregoing Codicil hereby Certify that Samuel Davis whose named appears thento did whilst of Sound & deposing mind & memory Sign Seal publish & declare the Land last mentioned Codicil as a part of his last Will & testament as well in the presence of his affiant as of Wm A. Wallis & M. P. Horne the other subscribing witness then to and that all Said Witnesses (pg 40) ?? them ?? as witness to valid Codicil at the request in the presence of said testator and in the presence of each other on the 20 day of July 1853.
Sworn to & Subscribed before me} E. A. Millard
Feby 20 1854 J. H. Harris Sol.}
J. W. Waldo Whereas one of the Subscribing Witnesses to the foregoing Codicil dated 18 Sept 1851 hereby certify that I saw Saml Davis whose name appears thento whilst of Sound &disposing mind & memory as will in the presence of affiant as of L. M. Potts & T. A. Johnston the other Subscribing Witnesses then to Sign Seal publish & declare the Land as a part of his true last Will & Testament and that all Said Witnesses subscribed their names as witness thento in the presence & at the request of said testator in the day & year therein named.
Sworn & Subscribed before me} W. Waldo
J. H. Harris
Samuel Davis was born in 1789 or 1790, a son of Thomas Davis and Nancy Rivers. An affidavit signed by Rilah Smith says that he was born 28 Oct. 1788 and that he was three months older than Samuel the first child. Samuel went west in 1828 taking the family bible with records of birth of all the children. Thus, Samuel was born Jan 1789. In the 1850 Census, Samuel gives his age as 60 and Harry Alexander Davis in his Book gives a specific date of 13 August 1790 for Samuel Davis.
About 1809, at the age of 19 or 20 Samuel married Sarah Weaver in Chesterfield County, South Carolina. Samuel and his family actually left around 1822-1823 and moved to Butler County, Alabama. There the following year (1824) Sarah (Weaver) Davis passed away. Samuel was left a widow with children to raise.
On 2 November 1830, Samuel Davis married Susannah Campbell. Twenty-one years and 9 additional children from his second marriage Samuel Davis, age 64, died on 14 September 1853 in Sumter County, Alabama. Susannah (Campbell) Davis, 2nd wife, never remarried and died after June 1880 when the Census was counted. The 1812 pension file says about 1887. No tombstone have been found for Samuel Davis, his 1st wife, Sarah Weaver or his 2nd Wife, Susannah Campbell) Davis. Samuel’s death and marriage to Susannah Campbell is documented in his War of 1812 pension file. [War of 1812 Pension File pages 10 & 11 and Vol 8, Orphans Records, Sumter County, Alabama.]
She further state that she was married to the said Samuel Davis in Greene County, Alabama on the 2nd day of November 1830, by one C. C. Fields a Justice of the Peace, and that her name before marriage was Susannah Campbell, that her said husband died in Sumter County, Alabama on the14th day of September 1853 and that she has remained a widow ever since. [Page 10 War of 1812>https://www.fold3.com/image/307402989]
Samuel Davis is my 3rd Great Grand Uncle
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1. Thomas DAVIS and W-8655, compiled military record (1779-1783), Rev. War Pension and Land-Bounty Application Files, (Washington, D.C.: National Archives and Records Administration), NARA microfilm publication M804, Roll 766.
2. War of 1812 Pension Application Files Index, 1812-1815, Record Group Number 15, NARA Microfilm Publication M313, 102 rolls (Washington D.C.: National Archives. NARA, ), https://www.fold3.com/image/307402991, Samuel Davis Pension Record, 6 Nov. 1814 to 16 Mar. 1815.
3. Greene County, Alabama, Will Book 2, pages 36-42 Last Will of Samuel Davis; Probate Office, Eutaw, Greene County, Alabama.
4. 1850 U. S. Census, Sumter County, Alabama, population schedule, Scattering, Sumter County, Alabama, Page 296A, Line 17, Dwelling 607, Family 616, Household of Samuel DAVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 11 January 2012); citing National Archives Microfilm M432_15.
5. Sumter County, Alabama, Probate Files & Loose papers, Death of Samuel Davis; "Sumter County Court Minutes," digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed online 3 June 2021); Estate of Samuel Davis.
6. Harry Alexander Davis, The Davis Family (Davies and David) in Wales and America: genealogy of Morgan David of Pennsylvania (Washington, D.C.: H. A. Davis, 1927), page 123.
7. 1860 U. S. Census, Sumter County, Alabama, population schedule, Southern Division, Sumter, Alabama, Page 525; Line 21, Dwelling 479, Family 479, Household of Susan DAVIS; digital images, Ancestry.com (http://ancestry.com : Viewed 11 January 2011); citing National Archives Microfilm M653_24.
8. 1880 U. S. Census, Sumter County, Alabama, population schedule, Livingston, Sumter County, Alabama, enumeration district (ED) 164, Page: 423D; Line 4, Dwelling 335, Family 335, Household of Hugh M. DAVIS; digital images, Ancestry.com (http://ancestry.com : viewed 11 January 2011); citing National Archives Microfilm T9_0031.
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