Monday, April 8, 2024

Last Will and Testament of David Davis, Jr.

David Davis, Jr. was the brother of my 4th Great Grandfather Thomas Davis. Thus he is my 4th Great Grand Uncle.

David was borne about 1758 in Craven District, South Carolina. He was the son of David Davis, Sr. and his wife, Jane Miles. He was the 2nd youngest of 7 children with his brother Thomas being the youngest. He had one known sister, Jane, who took care of her father in his waning years. Family folklore claims that David left home at the age of 12 years and went to N. C. where his brother John Davis lived. He did eventually settle down in Mecklenburg County, North Carolina. There he married a young lady named Jane Sloan on 26 February 1788. 

He served in the Revolutionary War and applied for a pensions before his death; never to live to see his pension.  

Southern Campaign American Revolution Pension Statements & Rosters Pension application of David Davis W6962   Jane  fn67NC 1   

Transcribed by Will Graves    2/18/10 

[Methodology:  Spelling, punctuation and/or grammar have been corrected in some instances for ease of reading and to facilitate searches of the database.  Also, the handwriting of the original scribes often lends itself to varying interpretations.  Users of this database are urged to view the original and to make their own decision as to how to decipher what the original scribe actually wrote.  Blanks appearing in the transcripts reflect blanks in the original. Folks are free to make non-commercial use this transcript in any manner they may see fit, but please extend the courtesy of acknowledging the transcriber—besides, if it turns out the transcript contains mistakes, the resulting embarrassment will fall on the transcriber.] 

 State of North Carolina Mecklenburg County January 31st day 1846  Personally appeared before me William Barnett -- an acting Justice of the peace in and for the State and County aforesaid Jane Davis after being duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the Act of Congress passed July seventh 1838 Entitled an act granting half pay and pensions to certain widows.  That she is the widow of David Davis who was a private in the North Carolina Militia in the war of the revolution, and as such served the United States against the Common Enemy and never drew a pension owing to his death taking place before his name was inscribed on the pension roll.  She further declares that he had filed a Declaration for between two and twelve months, service and that before it was final he [was] taken sick and died and that the Declaration has been misplaced or destroyed so that I can [not] produce who he served under.  She is not able to say nor the time he went in service nor the time he left.  She further declares that she was married to the aforesaid David Davis sometime in the year 1788 and that her husband the said David Davis died on the 17th of September 1832.  That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January 1794 viz. at the time above stated.  Sworn to and subscribed on the day and year above written.

 S/ William Barnett, JP     S/ Jane Davis, X her mark  

State of North Carolina Mecklenburg County: Personally appeared before me the undersigned an acting Justice of the peace in said County and State aforesaid Silas Davis, aged fifty eight years and after being first duly sworn according to law saith on his oath that he has known the above attached record evidence since his earliest recollection as the family Record of his father and mother.  Three first oldest children [indecipherable word or words or perhaps a figure] he is the ages of David Davis & Jane Davis three first children to wit Elizabeth Sloan Davis, Silas Davis and Jane Davis the last mentioned age on said Record being his mother's own age and that the said record has always been kept in the said family and that it is the original and genuine family Record of the ages of the Children of the said David Davis and Jane Davis.  Sworn to and subscribed this eighth day of October 1851 before me 

S/ Caleb Erwin, JP    

S/ Silas Davis 

[fn p. 8] 

Eliza Sloan Davis was born may 31 1787

Silas Davies was born April 6 1792 

Jane Davies was Born September 13 1795 

Polly Davies Was Born June 16 1797 

Jane Sloan was Born March 15 1768  

State of North Carolina Mecklenburg County: Personally appeared before me William Barnett [indecipherable word or words] Justice of the peace in and for the County and State aforesaid Silas Davis after being duly sworn according to law and saith on oath that the above attached record is the old original family record of David Davis and Jane Davis his wife and that he has known it to be as the family recorded for 40 years or more and he thinks it probably is in the hand writing of Joseph Fasure [sic Fraser?] and that it has been in the possession of the family ever since he could recollect and that he is about 58 years of age. Sworn to and subscribed January 31st 1846  

S/ Silas Davis 

S/ William Barnette, JP 

"I David Davies & Jane Sloan was Married February 26th A. Domini 1788 

Elizt Sloan Davis was born May 31st A. Domini 1789 

Silas Davis was Born Aprel 6th 1793 

Jean Davis was born September 13 1795 

Polly Davies was born June 16, 1797  

I William Barnette of the State of North Carolina Mecklenburg County after being duly sworn do hereby certify that I lived a near neighbor to David Davis and his wife Jean for more than fifty years that from my first recollection, the said David Davis was known as one of the Soldiers of the Revolution, and I have often heard him talk of his services in the said war, that a short time before the said David Davis died he made application for a pension, and I, who was then as now, and acting Justice of the Peace for Mecklenburg County, drew up his declaration in his own house, in which declaration is set forth his services in full, and I swore him to the statement therein set forth, and I also qualified the Reverend Dr. John Robinson and the Reverend Walter S. Pharr then present to an affidavit prescribed by the Department to be observed in such cases the is = that they believe said David Davis to be a revolutionary soldier as set forth in his Declaration, and that was his reputation in his neighborhood -- that said declaration was sent to the Honorable Henry W. Connor then a representative in Congress from this district, to be presented to the Department, that said declaration was sent back marked with red any where it was required to be corrected -- accompanied with the information that if those corrections were made the claim would be allowed, -- that I attended again at the house of said David Davis, who was then on his deathbed, to make the required corrections but the said Davis was so far gone that he was unable to attend to it, that the heirs of the said David Davis after his death leaving that nothing more could be done with the claim, gave the papers to a Justice of the Peace named Doherty, who afterwards burnt them with some old papers -- That I have no doubt from what I have heard the said David Davis said of his Revolutionary services, from his reputation as a soldier in this community -- that he was a soldier of the Revolution and that he was the identical David Davis whose name appears on the books of the Comptroller of North Carolina -- Sworn to and subscribed this 15th day of October A.D. 1852 before me 

S/ Wm Davidson, JP    

S/ William Barnette  

State of North Carolina Mecklenburg County: Personally appeared before the undersigned an acting Justice of the Court of Pleas & Quarter Sessions for said County Reverend W. S. Pharr and after being first sworn according to law, saith on his oath that he was well acquainted with David Davis for some time before his death & that in conversation heard him as speak of being out in the Western part of North Carolina after the Cherokee Indians & the Reverend James Hall or Captain Hall of revolutionary memory being in company & he assembled them altogether around a large tree and had prayers before they attacked an Indian town after prayers the Reverend Hall said Come on boys the Lord is with us & they proceeded on the Indians had sensibly left the town & I further certify that I am now well acquainted with Jane Davis who is applying for a pension for the services of her late husband & the said Jane Davis is the identical widow of the said David Davis.  Sworn to & subscribed this 7th day of June 1852. 

S/ W. G. Barnett, JP      

s/ Walter S. Pharr 

State of North Carolina Mecklenburg County March 17th old Mrs. Jane Davis aged 83 years this day personally appeared before the undersigned an acting Justice of the peace and Court of Pleas and quarter Sessions for said County, who being first duly sworn according to law, deposes as follows to wit in reply to the report of the Commissioners letter of pensions the 8th of January 1852 she cannot speak of facts of her own knowledge as an eyewitness the services of her deceased husband David Davis but from the best reliable evidence the troops mentioned by her said husband of his services in said war -- She is led to believe that he served four tours of three months each as a private in the militia of North Carolina and was under Captain Robert Smith as she has some faint recollection of hearing him speak of said officer as being under him & that her said Husband died on the 17 day of September 1832 and she has remained his widow ever since.      S/ Jane Davis, X her mark 

Subscribed and sworn to before me this 17th day of March 1852  

S/ W. Barnette, JP 


David and Jane (Sloan) Davis had 5 known children; 3 daughters and 2 sons. They were

John Davis, b. ?

Elizabeth Sloan Davis, b. 31 May 1789

Silas Davis, b. 6 Apr 1792

Jane Davis, b. 13 Sept. 1795

Polly Davis, b. 16 June 1797

John was not mention in the Revolutionary War pension application but was named in David Davis, Jr. Last Will. 

David Davis, Jr. wrote his Last Will and Testament on 23 June 1828. 

Be it known to all whom it may concern that I divide my plantation into three parts To my son John I divide that part of my land, lying on the West side of the hollow below his fields, crossing the Creek a little above, the lock ford to Joseph Ewarts line. The other two divisions lying on the North & South sides of the Clarks Creek running by my spring. This Creek to be the dividing line of these parts. Silas my son to have choice of the last divisions. 

Many on-line trees have these two sons listed as one, named John Silas Davis. They are wrong David and Jane had two sons; John and Silas.  

As stated previously, David Davis, Jr. wrote his Last Will on 23 June 1828. It was probated in 1832.

Last Will and Testament of David Davis, Jr. 2

Mecklenburg County North Carolina June 23d 1828


Be it known to all whom it may concern that I divide my plantation into three parts To my son John I divide that part of my land, lying on the West side of the hollow below his fields, crossing the Creek a little above, the lock ford to Joseph Ewarts line. The other two divisions lying on the North & South sides of the Clarks Creek running by my spring. This Creek to be the dividing line of these parts. Silas my son to have choice of the last divisions. The other to be equally divided in valuation between my daughter Elizabeth S. & my grandson Thos. Green Barnet. To Elizabeth and her heirs, should she have any, I allow the half of the proceeding parts. The Smith tools & wagon I wish to be a common stock for the use of all the members of my family; all at the same time contributing their proportional part of labor or expense to repairing them when necessary; or forfeit their right to the use of one or both.  My Wife Jane I allow to hold my mansion house during her life and them to have the disposal of all the household furniture.

Signed in                                                             David Davis

the presence of us

Walter S. Pharr Jur’t

Jane B. Pharr


David Davis, Jr. died on 17 September 1842 in Mecklenburg County, North Carolina. The last mention of his wife Jane (Sloan) Davis was in a documement attempting to get the Revolutionary War Pension of her deceased husband, David Davis. The document (enclosed in this blog post) was dated 21 October 1853. 3 





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1. Southern Campaign American Revolution Pension Statements & Rosters Pension application of David Davis W-6962   Jane  fn67NC    Transcribed by Will Graves    2/18/10 

1a. https://www.fold3.com/image/13766097/davis-david-page-1-us-revolutionary-war-pensions-1800-1900

2.  https://www.familysearch.org/ark:/61903/3:1:3QS7-L9G4-M15

3. https://www.fold3.com/image/13766326/davis-david-page-56-us-revolutionary-war-pensions-1800-1900evolutionary-war-pensions-1800-1900





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