James Davis to William Henderson Land Deed

John Henderson, Father-in-law, of John Davis wrote his Last Will and Testament on 4 June 1793 in Mecklenburg County, North Carolina. His daughter, Mary Henderson, had married John Davis about the year 1762 in Marion County, South Carolina. John Henderson, in his will, left his Grandson James Davis 200 acres of land situate and lying in Mecklenburg County, North Carolina. James Davis was born  December 1769, the 4th Child of John Davis, Sr. and Mary Henderson.

John Henderson’s Last Will Bequest. 

Item I give & Bequeath at my wife decease to my grandson James Davis the plantation on which I now live containing two hundred acres including my buildings, a spring & improvements the half of my Meadow (reserving the half of my orchard for the use of my son William, a young negro wench named Fan two horse creatures of her own choosing & as many plantation implements as will be sufficient to carry on his farm a good feather bed & furniture thereto belonging a large chest & cupboard, the half of all utensils of Cookery with one hundred acres of Western land & if the said James Davis should decease before Twenty One all above mentioned to him to descend to my son William son John Otherwise to be The said James Davis & his heirs & assigns forever---   

The exact date of John Henderson death is unknown but we are certain it occurred between the Written WILL (4 June 1793) and 7 May 1800 the date the land was sold by James Davis to his Uncle William Henderson, the son of John Henderson. 

James Davis to William Henderson Land Deed

This Indenture made the 7th of May 1800 between James Davis of the County of Mecklenburg & State of North Carolina of the one part & William Henderson of the same State & County affoSd of the other part WITNEFSETH that for & in consideration of the sum of 200 Dollars federal currency in hand paid by the Sd William Henderson the receipt & payment whereof is hereby acknowledged before the Sealing & delivery of these presents doth grant bargain Sell & confirm unto the Sd William Henderson his heirs and assigns forever a tract of Land lying & being in the State and County afforSd being granted to the Sd James Davis by the Last Will and Testament John Henderson his Grand Father being part of three small tracts of Land that Sd John Henderson died seized of surveyed measured & cornered by on Joel Knitt Alexander BEGINNING at a small B. O. near the fence of an old field then running S 21 E 36 poles to a post oak in Sd old field then S 81 Et 24 polls crofsing a small branch to 3 W., O. Saplins then S 3 E 36 poles to a pafsimon and B. O. Saplin thence crofsing Sd Meadow branch leaving the old house, spring & spring house on hand & to the right hand the now swelling house spring & spring house of William Henderson Junier to the left hand S 19 E 120 poles to a Stake on thee line of the old 200 Acre Deed near 2 blazed W. W. on the  W side & near 2d ???ch thence Nor 82 W 8 poles to a B. O. saplin at the old corner B. O. of old Deed then with sd old line S 68 W 56 poles with the old fence to the old corner B. O. then S 35 W 8 to a large forged W. O. a corner to Archibald Henderson grant of 165 acres  then with a line of the same Xing a small branch S 67 W 12 poles to a B. O. William Henderson Senior old corner then with a line Xing a small branch N 25 W 115 poles to a stake near 3 Cornered Small Saplins & then Crofsing a branch nearby  about N 43 E 222 poles to the Beginning containing 200 Acres be the same more of lefs the Sd Lands granted or intended to be granted with all the premises thereof or thereunto belonging & every part or parcel thereof & all remaining services & profits to them or any part or parcel of them belonging or appertaining & all & every the Estate, rights titles & demand whatsoever of him the Sd James Davis into or out of Sd Lands tenements granted or intended to be granted or any part or parcel of them To Have and To Hold the Sd Lands & tenements to the Sd William Henderson his heirs and afsigns forever and the Sd James Davis for himself his heirs Executors Administrators & afsigns doth hereby promise covenant & agree that him his heirs Executors Administrators or afsigns Shall & will at all time Warrant & defend the Sd Land And Tenements thereto or thereunto belonging from him the Sd James Davis his heirs Executors Administrators and afsigns them or any of them their heirs Executors Administrators or afsigns forever unto the Sd William Henderson his heirs Executors & afsigns forever against all claims of any of them which may incumbers Sd Land or premises contrary to the true intent & meaning of these presents. In Witnefs whereof the Sd James David hath hereunto set his hand & seal the 19th day of [May] 1800.                                 James Davis {Seal}
Joel Alexander}                                         acknowledged
Wm. S. Henderson}     Mecklenburg County Fs Jan’y Term 1801
The execution of the within Deed was acknowledged in Court and recorded.
March 12th 1801}                             Test:Isaac Alexander Com
 
Deed Book 17, page 533, 534, 535 [Image 270]
Mecklenburg County, North Carolina
https://www.familysearch.org/ark:/61903/3:1:3QS7-L983-ZS25?i=269&cat=168633 [Image#270]

James Davis is my 1st Cousin 5X Removed

John Davis, Sr. is my 4th Great Grand Uncle

Rev. David Davis is my 5th Great Grandfather

________________________________

1. Enclosed Land Deed -- Deed Book 17, page 533, 534, 535 [Image 270]
Mecklenburg County, North Carolina
https://www.familysearch.org/ark:/61903/3:1:3QS7-L983-ZS25?i=269&cat=168633 [Image#270]

2. John Henderson WILL -- WILL BOOK "D" pages 43, 44 and 45; Image 305
Mecklenburg County, North Carolina
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9GW-BLRX?i=304&cat=358218

3. Mary Henderson Marriage-- "U.S. and International Marriage Records, 1560-1900," database, Ancestry (http://www.ancestry.com : viewed 3 June 2019), Marriage: John Davis & Mary Henderson; Marriage Year: 1762 https://www.ancestry.com/discoveryui-content/view/561149:7836

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.

It’s Family Time~John Davis, Sr. and his Wife Mary Henderson

John Davis, son of Rev. David Davis and Jane Miles, was born abt 1741, the fifth of eight children borne to this couple. He and his brother James migrated to Anson County, North Carolina about 1762. The area into which they decided to settled was sliced off of Anson County to become Mecklenburg County, North Carolina on 6 November 1762.

John Davis married Mary Henderson, daughter of  John and Jane Henderson in 1762. Their first child, David Davis, was borne in 1763.

John was a very successful farmer owning over 680 acres of land.  He served as a Private with the 10th Regt. N. C. Continental Line January 1778. Before enlisting to serve in the 10th Regt, John Davis wrote his Will on 24 August 1777. The following is an abstract of this Last Will and Testament:   

Will of John Davis of the County of Mecklenburg; to my dearly beloved wife the third part of my moveable estate & her bed & furniture, wearing apparel; mare & saddle; my wife to live on the plantation whereon we now live during her life or widowhood; and to raise my children thereon…to my son David, land I bought of Isaac Sellers; to my son John, bought of Isaac Sellers; to my son John, 50 at his being 20 years of age, and also bound unto a good workman that can teach the

Page 19

Sadlers trade properly, my son James to pay unto my son Joseph L50, at the said Joseph being 21 years of age; Joseph to be bound unto a good workman that can teach the spinning right trade; to each of my daughters herein after named to wit Ann, Mary & Isabelle, L30; if my wife be pregnant as she thinks she is, I order & it is my will that the child be made equal with my sons if male, and to be bound to a trade; if a female, to be equal to my daughters…wife Mary Davis & Capt. James Harris of Reedy Creek, exrs. 24 Aug. 1777                                     John Davis (Seal)

Wit: Robert Harris, Jr.

William Harris

Robert Harris, Jur.                     Proved 15 April 1778

Will Book C, pp. 10-12 C. R. 065-801-14

In his Will, John Davis named his wife Mary, 4 sons, John, Joseph, James and David; 3 daughters, Ann, Mary & Isabelle and as to this element of the will (if my wife be pregnant as she thinks she is, I order & it is my will that the child be made equal) Mary was pregnant and gave birth to a daughter, Jane Davis. John Davis and his wife Mary has 4 sons and 4 daughters.  John did not lived to enjoy time with his daughter, Jane Davis.

Shortly after his discharge from the military in 1778, John was listed as deceased by May 1778.  There is some conflict here and a precise death date has not been established. The Davis Book (see footnotes) makes this statement on page 51.

"John Davis, Private, mustered 10th Regt. N. C. Cont. Line, January 1778 and DEAD May 1778." (N. C. Records.)

Brent Holcomb in his “Mecklenburg County, North Carolina Abstracts of Early Wills” on page 19 states that the Will of John Davis was Proved on  15 April 1778. For a will to be proven in a Court of Law, the testator must be deceased.

If the Last Will was indeed proven on 15 April 1778 then he most certainly had to be deceased prior to that date.

John Davis and Mary Henderson had the following children:

i. David Davis, born abt 1763.

ii. Ann Davis was born about 1765.

iii. Mary Davis, born abt 1767.

iv. James Davis, born Dec 1769.

v. John Davis Jr., born abt 1772.

vi. Isabella Davis, born abt 1774.

vii. Joseph Davis, born 20 Mar 1776, Spartanburg, Spartanburg County, South Carolina; married Nancy Terrill, bef 1800; married Sarah Wilkins, 10 Jul 1809; died 1 May 1852, Jefferson, Jackson, Georgia.

viii. Jane Davis, born abt 1778.

Related Article:

https://carolinafamilyroots.blogspot.com/2019/09/amanuensis-mondaythe-last-will-of-john.html

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

__________________________

1. Mecklenburg County, North Carolina Abstracts of Early Wills 1763-1790 (1749-1790) by Brent H. Holcomb, C. A. L. S. ; Clearfield Company; Baltimore , MD, 1980.

2. The Davis Family in Wales and America (Davies and David) Genealogy of Morgan David of Pennsylvania by Harry Alexander Davis pub. Washington, DC, 1927. pages 50 & 51.

Amanuensis Monday~The Last Will of John Henderson

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 Last Will of John Henderson, 1793. ¹

Transcription:

The Last Will of John Henderson
In the name of God Amen, this 4th day of June in the year 1793 I, John Henderson of the County of Mecklenburg in the State of North Carolina, being sick & weak in body but of a Sound mind & memory thanks be to God, & calling to mind the mortality of my body & that it is appointed for all men to die, Do make and ordain this my last Will & testament, first of recommending my Soul unto God who gave it, my body to the earth to be Buried in a decent Christian manner without pomp hoping thru the merits death & (illegible?) of my Lord & Savior Jesus Christ to  (illegible?) the same at the general resurrection by the mighty power of God to blefs me with in this life, I give & dispose of in the following manner & form, It is my Will & I order that all my Just debts & duties that I owe to be paid & Satisfied

Item I give & bequeath to my loving wife Jane my dwelling House & all the furniture therein belonging to me with the plantation on which it stands with all my negroes & Stock of every kind in clearing all plantation improvements during her natural life.
Item I give & Bequeath at my wife decease to my grandson James Davis the plantation on which I now live containing two hundred acres including my buildings, a spring & improvements the half of my Meadow (reserving the half of my orchard for the use of my son William, a young negro wench named Fan two horse creatures of her own choosing & as many plantation implements as will be sufficient to carry on his farm a good feather bed & furniture thereto belonging a large chest & cupboard, the half of all utensils of Cookery with one hundred acres of Western land & if the said James Davis should decease before Twenty One all above mentioned to him to descend to my son William son John Otherwise to be The said James Davis & his heirs & assigns forever---   
Item I give and bequeath to my beloved Son William the Land on which he now lives Reserving the half of the meadow before mentioned to James Davis with the half of my Orchard including his buildings Spring & improvements with the half of my barley patch & to him and assigns forever be the same more of lefs
Item I give & bequeath to my beloved daughter Mary at my Wife decease my Negro Wench name dine(?) & the other half of my household furniture not before mentioned & to her heirs & assigns forever.
Item, I give and bequeath to my Niece Nancy Henderson at my wife decease one Cow & to her heirs forever
*Item It is my Will & I order that at my wife decease the Remainder of my Estate not before mentioned Except the Waggon which I allow to be the use of my Son William & James Davis Equally to enjoy to be Sold including two negroes Joe & Cats Equally divided between my Sons William, John & my daughter Mary & to their heirs forever---My Sons it is my will & I order that each of you take a Special Care of your helplefs Mother consider what She under went for you in your infant state & her love to you thro' the course of Life (illegible?) he in all your Visitations & also take care of James Davis & may the Sovereign of the Heavens grant each of you their blefsings that is promised to the performers of such duties--- And lastly for the True Execution of this my Last Will & Testament I appoint my loving sons William Henderson and John Henderson my Executors hereby Revoking & or disannulling all former Wills & Legacies by me made either by word or writing confirming this & no other to be my last Will & Testament.
In Witness whereof I have set my hand & seal the day & year first above written---Signed & Sealed & pronounced
By the said as his last Will & testament in presence
of Martha Lucas}
John Henderson}                                           John Henderson {Seal}
William Graham}


Mary Henderson, daughter of John Henderson married John Davis Sr., son of David Davis and Jane Miles about 1762.

John Davis and Mary, his wife along with a brother lived for a while in Anson County before finally acquiring land in what is now known as Mecklenburg County, North Carolina.

John Henderson the father of Mary, wife of John Davis, wrote his Will on 4 June 1793.  

Between the year 1762 (Marriage of John Davis and Mary Henderson) and 1793 ( Writing of John Henderson Will) the John Davis family grew to 8 siblings; four sons and four daughters.

Between these eight grandchildren, three of his own children and a wife known as Jane in his Will above he left his estate as noted above with much of it going to his grandson James Davis.  

James Davis was the 2nd born son and 4th born child of John and Mary (Henderson) Davis.  I have no idea why he was the chosen one; but, I sure wish I had a grandfather that looked upon me in such a  favorable light.

John Davis, Sr. husband of Mary Henderson is my 4th Great Grand Uncle. Mary Henderson is the daughter of John Henderson. 






__________________

[1] John Henderson (1793), WILL BOOK: "D"; pages 43, 44, and 45; Probate Office, Charlotte, Mecklenburg County, North Carolina.