Amanuensis Monday~Sale of C. W. Davis Estate Lands

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Sale of C. W. Davis Estate Lands. ¹


Transcription:

P. F. Spofford Sheriff  to    Jesse C. Smith   Deed


The State of South Carolina
                                                 To all whom these presents shall come or be made known, or whom the same may in anywise concern I P F Spofford Sheriff of the County of Chesterfield in the said state send Greeting Whereas William B. Davis In on or about the twenty fifth of December in the year one thousand eight hundred and Seventy One did exhibit his Petition in the Court of Probate in the County of Chesterfield and State aforesaid asking that the real estate of C. W. Davis deceased might be sold. And the Court, being at issue before the Honorable Court aforesaid, came on to be heard on the first day of January A. D.  one thousand eight hundred and seventy two when the said Court, after a full hearing thereof and mature deliberations in the premises, did order, adjudge and decree that the the <sic> real estate of C. W. Davis deceased hereinafter mentioned and described should be sold at Public Auction by the Sheriff of Chesterfield County, on the terms and for the purposes mentioned in said decretal order, as by reference  thereto on file in the said Court, will appear. And the said Sheriff after having duly advertised the said real estate for sale, by public outcry on the fifth day of February in the year of our Lord one thousand eight hundred and Seventy Two did then, openly and publicly and according to the custom of Auction, Sell and dispose of the said Real estate below described unto Jesse C. Smith for the sum of one thousand and ten dollars$1010.00 he being at that price the highest bidder for the same.
Now know all men That I the said P F Spofford Sheriff as aforesaid in consideration of the premises and also in consideration of the sum of Three Dollars paid by the said Jesse C. Smith the receipt whereof is hereby acknowledged have granted, bargained, sold and released, and by these presents do grant, bargain, sell and release unto the said Jesse C. Smith and his heirs and assigns, All that piece parcel and tract of land, Situate lying and being in the County of Chesterfield and State aforesaid on the waters of Abrams Creek, Containing  three hundred and fifty six acres more or less, bounded by lands of G. R. Boatwright, R. W. Smith, Mary Jones, Isaac Smith and Owen Bittle. Together with all and Singular the Rights, Members, hereditaments and appurtenances whatsoever, to the said tract of land, belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and Also, all the estate, right, title,interest, dower, possessions, property, benefit, claim and demand whatsoever, both at law and in Equity of the said C. W. Davis deceased and of all the parties in the Said Suit and of all other persons rightfully claiming or to claim the same or any part thereof by from or under them or either of them.
To Have and to Hold the said tract of land herein before mentioned and described with its hereditaments, privileges and appurtenances unto the said Jesse C. Smith his heirs and assigns forever. 
In witness whereof I the said P F Spofford Sheriff as aforesaid, under and by virtue of the Said decree have hereunto set my hand and seal at Cheraw, S. C. this Eight day of February in the year of our Lord One thousand eight hundred and Seventy Two and in the ninety-Sixth year of the Sovereignty and Independence of the United States of America.
Sealed and Delivered}                                             P. F. Spofford {LS}
In presence of}                                                                     S.C.C.
Henry McIver
W. E. McCreight
 
{U. S. Stamps amounting to}
{One 50/100 Dollars properly canceled}
 
The State of South Carolina
Chesterfield County}
                                 Personally [appeared] before me Edwin F. Malloy Notary Public came Henry McIver and made oath that he saw the within named P F Spofford Sign, Seal and as his act and deed, deliver the within deed and that he with W. E. McCreight witnessed the Execution thereof, and the cancellation of the United States Internal Revenue Stamps of$1.50/100 thereto affixed.
Sworn to before me this 9th}                                       Henry McIver
day of February A. D. 1872}
Edwin F. Malloy {LS}}
Notary Public}
 
Auditors Office
Chesterfield Co. }
             Recorded Feb 10th 1872 in Sales Book A, page 6
                                                                         T. L. Weston
                                                                                   A.C. C.
 
                           Recorded 10th February 1872
                           Orign’l Delv’ to Jesse C. Smith

Carroll Washington Davis died on 6 February 1863. His 2nd Wife, Mary Boatwright Davis, passed away on 22 February 1863. By Christmas of 1871 their estate was still unsettled. So, the oldest son of the first marriage, William Benjamin Davis petitioned the Courts to sell the 346 acres of land.

The farm (346 acres) went on sale, at public auction, on 5th of February 1872 and was sold to Jesse C. Smith, the highest bidder, at $1010.00 dollars. 

Carroll Washington Davis was twice married to sisters. He first married Elizabeth Boatwright, daughter of Lewis Boatwright and Elizabeth Rebecca Davis on 17 Feb 1846.  To this union was born 3 children:

• William Benjamin Davis
• Julia Elizabeth Davis
• George Richard Davis

Elizabeth Boatwright Davis died 15 December 1853.

Carroll Washington  then married her (Elizabeth) younger sister Mary Boatwright on 10 August 1854. To this union was born 4 children:

• Catherine Jane Davis
• Lewis Boatwright Davis
• Margaret Elizabeth Davis
• Mary Eliza Davis

Carroll Washington Davis and his two wives are my 1st Cousin 4 times removed. Elizabeth Rebecca Davis Boatwright is my 3rd Great Grand Aunt.





______________________
[1] Chesterfield County, South Carolina, Deed Book 3: pages 594 to 596, P. F. Spofford Sheriff to Jesse C. Smith Deed; Register of Deeds, Chesterfield, Chesterfield County, South Carolina

Chesterfield County SC Estates~Estate Folder #66-Carroll Washington Davis

This is a new series of posting, appearing every Sunday, on selected Estate Folders from the Estate files of Chesterfield County. No known estates exist for the period before the Civil War. They were destroyed with the burning of the Courthouse. There are a few “Equity Records” in the State Archives. Do not overlook this valuable resources if you are looking for ancestors in Chesterfield County, South Carolina. 

Today we will be looking at the following Estate folders:
Folder #66
Carroll Washington Davis¹This estate folder begins at image #23 and ends with image #158. (images 23-158)
 https://familysearch.org/pal:/MM9.3.1/TH-1-19383-29774-53?cc=1911928

When Carroll Washington Davis passed away om 6 February 1863 at the age of 41, he left an extensive estate. In these short years Carroll had twice married and served in the Civil War. 

Born on 20 June 1821, he was a son of William Davis and Julia Thurman. On 17 February 1846, he married Elizabeth Boatwright, daughter of Lewis Boatwright and Elizabeth Rebecca Davis. After the birth of 3 children Elizabeth tragically passed away on 15 December 1853, mostly from childbirth complications. This left Carroll in a predicament; a farmer with three small children, he needed a mother for his children. 

That young lady turned out to be his deceased wife’s baby sister. On 10 August 1854, Carroll and Mary B. Boatwright, daughter of Lewis Boatwright and Elizabeth Rebecca Davis were married. 

Carroll Washington Davis died on 6 February 1863. At the time of his death, Mary was pregnant with her baby due very soon. That baby, Mary Eliza Davis, was born on 22 February 1863. Unfortunately the Mother did not survive, passing away on 22 February 1863, just 16 days after losing her husband. The tragic loss of both Carroll and Mary left 7 young children ranging in age from just born to 16 as orphans. 

Initially, David R. Davis, brother of Carroll Washington Davis was granted Letters of administration upon the Estate. He passed away before closing the estate and Carroll Washington’ son, who had now reached the age of majority, petitioned the Court and was granted “Letters of  Administration de bonis non.” ²



State of South Carolina} Court of
County of Chesterfield} Common Pleas Probate
In the Matter}
of
The Estate of } Petition
C. W. Davis de-}
ceased}
The petition of Louis Davis respectfully shows to this Court:
1. That C. W. Davis a citizen of the county and State aforesaid died intestate about the month of February A. D. 1863 leaving some personal estate.
2. That Letters of administration thereon was duly granted by the Ordinary of Chesterfield District to his brother David R. Davis.
3. That said estate has never been settled and David R. Davis has recently died intestate and letters of administration de bonis non on the estate of C. W. Davis are necessary in order to settle said estate and your petitioner is a son of the said C. W. Davis deceased and as such is entitled to said Letters.
Wherefore your petitioner prays that letters administration de bonis non upon said estate be granted to him.
E. J. Kennedy
Attorney for Petitioner
This is a very lengthy probate files. If you are directly related to Carroll Washington Davis I would suggest that you thoroughly examined this file.  
 
Carroll Washington Davis is my 1st cousin 4 times removed.
_______________________
[1] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19383-29774-53?cc=1911928 : accessed 29 May 2016), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0065-0087 > image 23 of 482; county courthouses, South Carolina, and South Carolina Department of Archives and History, Columbia.
[2] Letters of  Administration de bonis non -
Latin for "of goods not administered," is a legal term for assets remaining in an estate after the death or removal of the estate administrator {Source: Wikipedia}