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Monday, June 26, 2023

The Last Will and Testament of John Davis

John Davis, Sr. was borne abt 1741 in Marion, Craven District, South Carolina. He was a son of the Rev. David Davis and Jane Miles. About 1762, he married Mary Henderson, the daughter of John Henderson and his wife Jane whose maiden name is unknown.


THE WILL OF JOHN DAVIS

In the name of God Amen. I John Davis of the County of Mecklenburg in the State of No. Carolina Make this my last Will and testament, and first of all l  I resign my Soul to the Creator in all Humble hope of its future happinefs as in the dispose of a being Infinitely good---his touching such worldly goods as it hath pleased God in this life to blefs me with I dispose of in the following manner.
Imprimsis: I order my funeral expenses to be first paid and if any just debts appear against my Estate I order them to be paid as soon as possible.
Item. I leave & bequeath unto my dearly beloved wife the third part of my movable Estate & her bed & furniture and wearing apparel, with my Roan Colored mare & her saddle.
Item. I order my wife to Live on the plantation whereon we now live during her life in widowhood and to raise my children thereon in the best manner She can as to clothing & Education suitable to their fortunes until my Son James arrives to the age of twenty one years, at which Period he is to take full pofsefsion of the before maintained plantation as his own property & the same to enjoy forever with the appurtenances there unto Belonging
Item. I leave & bequeath unto my Son David that piece or parcel of land which I bought of Isaac Sellers to be by him fully possessed and Enjoyed forever---
Item. I leave & bequeath unto my Son John Fifty pounds out of my Estate to be by my Executors paid unto him at his being twenty year of age, and also be bound unto a good Workman that can teach the Sadlers trade properly the Said boy to be at such age and for such number of years as my Executors shall think proper.
Item. I order & appoint my Son James to pay unto my son Joseph fifty pounds at his the Said Joseph being Twenty one years of age out of the plantation left to him the Said James as an Equivalent to him the said Joseph who is to be bound unto a good workman that can teach the Spinning Wright trade at such age & for such number of years as my Executors shall think proper.
Item. I have & bequeath unto each of my daughters herein after named  to wit Ann, Mary & Isabelle the Sum of Thirty pounds out of my estate to be paid to them at their respective marriage or their coming of full age according to which shall happen first .
If my wife be pregnant as she thinks she is I order & it is my will that if it please God to spare him untill she be delivered if if <sic> the Child be a male he is to Share equal with my Son John & Joseph in my Estate & be bound unto such trade as my Executors shall think him most fit for at Such age & for Such number of years as they shall think proper and if the aforesaid Child be a female I order her to Share equal with my other daughters herein before mentioned.---
Item. I order & it is my Will that my Executors to keep my Stock of live Cattle & all my other movable Estate entire as it is at this day for at least one year after my deceased before Sale be made thereof & then to reserve two of my best work horses Creatures for the use of my wife & children and also four of my Milch Cows for my wife & Children's joint use. I also order one set of plow Trans. Plow two Horse tree hangings Clevis & gears to be kept to raises Bread for my Wife & children.
And Lastly, I nominate Appoint Constitute & ordain my Dearly beloved Wife Mary Davis & Capt. James Harris of Reedy Creek to be & they are hereby the Executors of this my last Will and Testament. In Testimony whereof I have hereunto set my hand & affixed my Seal this 24th day of August in the year of Our Lord 1777.
Signed Sealed published, pronounced}
& delivered as &/or the Last Will}                                     John Davis {Seal}
& Testament of the said John Davis}
in the presence of the under written Witnefses}
Robert Harris, Jr.}
William Harris}
Robert Harris Jun}


"John Davis, Private, mustered 10th Regt. N. C. Cont. Line (Revolutionary War), January 1778 and was DEAD May 1778." (N. C. Records.) Died of wounds.

His wife Mary Henderson was pregnant with child and delivered a baby girl she called Jane Davis.

Mary, his widow, is to lived on the plantation “until my Son James arrives to the age of twenty one years, at which Period he is to take full possession of the before maintained plantation as his own property & the same to enjoy forever with the appurtenances there unto Belonging.

Mary Davis died sometime before 1820.

Related Blog Post:

https://carolinafamilyroots.blogspot.com/2022/03/its-family-timejohn-davis-sr-and-his.html


John Davis, Sr. & Mary Henderson are my 4th Great Grand Uncle & Aunt.

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