Pension Application of Joseph Davis

Southern Campaign American Revolution Pension Statements & Rosters Pension application of Joseph Davis

S10534                                                                                fn24SC

https://www.fold3.com/image/1/13765834
Transcribed by Will Graves 1/3010
[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 South Carolina Marion District:
Be it known, that on this 14th day of September 1851 Before me Edward B. Wheeler, Judge of the Court of Ordinary for said District (being a Court of Record) personally appeared Daniel H. Davis 59 years of age, who being duly sworn, upon oath makes the following Declaration for the purpose of obtaining the benefits of the Act of the 7th of June 1832 for himself, Joseph Davis, William Davis, Maria Fladger, Mary Thomas, & Susan B. Lyles, only surviving children of Joseph Davis, a private and Sergeant of infantry and Lieutenant of Cavalry, in the war of the Revolution. That the said Joseph Davis, died in the District of Marion, on the 13th day of November 1838, leaving no widow but the aforesaid children, to wit Joseph Davis, William Davis, Maria Fladger, Mary Thomas & Susan B. Lyles, and this affiant, that Joseph Davis entered the American Army as a private, and upon the first requisition for troops, he volunteered at Ports Ferry on the great Pedee [River] and marched from thence in company with Lieutenant Benjamin Munnerlyn, (afterwards promoted to a Captain) Captain Shade Simonds, Benjamin Davis, Moses King, Francis Goddard, Jonathan Collins, & others to the rendezvous at Dunnam's Bluff, from thence to Charleston South Carolina and reported to Generals Moultrie & Marion, was in the battle at Fort Moultrie when attacked by the British fleet in June 1776 -- was in the battle of Stono Ferry, and was appointed first Sergeant -- was at Nelson's ferry, at the taking of about ninety Prisoners, was in the battle of the Siege of Savannah, was in a battle at the Pedee River against the Tories, who were commanded by a Tory Captain named Jesse Barfield, in which the Tories were defeated -- was in the engagements against the Tories at Black Mingo; Coosawhatchie, & Blue Savannah; his officers in the different tours of service, were Captain Shade Simonds, Captain James, Captain John Rogers, Captain Benjamin Munnerlyn, Captain James Giles, Major James of Williamsburg District, Colonels Baxter, Laurens, Horry, & Hill, and in the war served upwards of a year as a private, two years as a Sergeant and three years as Lieutenant of cavalry -- He was sent by General Marion on several military expeditions and on one occasion, met the distinguished Sergeant McDonald, and returned to Georgetown in company with him -- He was in actual service the whole war except for a short time, on two occasions, when he was on furlough and was discharged at Boling Green in 1783 after peace by General Marion, which discharge and Commission as Lieutenant I the said Daniel H. Davis have seen frequently in my Father's possession, and which was destroyed by fire, at the burning of his house & furniture, not long preceding the death of my Father.

                                                                                           S/ D. H. Davis
the above declaration sworn to and subscribed before me, the day & year above written
                                                                                           S/ Edward B. Wheeler, Judge

Lt. Joseph B. Davis was born about 1750 in Marion County, South Carolina. He was a son of Benjamin A. Davis and Rachel Port. He married Anne Keene about 1783/84. Anne was the daughter of Buckingham Keene and Mary Lewis. Joseph and Anne had eleven children born to this union; 5 sons and 6 daughters. Yet, at the time of this pension application (14th Sept. 1851) only 3 sons and 3 daughters (named above) were still living. Two sons are named by the 3rd son, Daniel H. Davis who is making application for his Father’s Revolutionary War Pension.  

Lt. Joseph B. Davis is my 1st Cousin 6X Removed.

____________________________________

1. My Thanks to Will Graves for permission to tom us this document - https://revwarapps.org/s10534.pdf
2. https://www.fold3.com/image/246/13765834

Documenting The Death of Thomas and Rachel (Davis) Port

Thomas Port wrote his will on 22 November 1776. In March 1777, Mrs. Frances Port was issued Letters of Administration by the Court of Ordinary. In his will he left everything to his wife and after her deceased all the Real estate and half of the personal estate be sold and divided equally among the children share and share alike.

However, at probate, the Will and sanity of Thomas Port was questioned and rather than probating the Will the Ordinary Judge Burrows issued a dedimus protestatum directed to F. Britton and S. Nesmith.

dedimus potestatem-- a writ to commission a private person to perform some act in place of a judge (as to examine a witness)

Then, after the issuance of the dedimus potestatem the Judge also granted Frances Port Letters of Testamentary in March 1777.

Frances Port died in 1811 leaving her Will to be executed. The children of Thomas and Frances have left grandchildren to claim a portion of their grandparents estates. 

Her (Frances Port) death resulted in a lawsuit “Joseph Davis and others, Legatees of THOMAS PORT v. The Legatees of Mrs. FRANCES PORT” in an attempt to get the Thomas Port Will probated.

The APPEAL CASE was argued 25^th April 1815, by BLANNING for the appellants, and S. MILLER, contra.  

The court case is very interesting but the lawsuit was rejected with the following comments “ The judgment of the Ordinary upon a Will in common form cannot, after 30 years, be controverted by a petition to prove the Will in Solemn form.”

Shortly after the ruling by the Courts, Henry Davis, Jr. executed the following “DEED OF GIFT.”

DEED OF GIFT HENRY DAVIS, JUN'R TO BENJAMIN DAVIS

South Carolina}

Marion District} Know all men by these presents that I Henry Davis, Jun'r in consideration of the Affection which I have for My relation Benjamin Davis do Give & release unto the Said Benjamin Davis all my rights Title Interest & Claim which I could have In that part of Thomas Port Will left to Frances Port During her natural life according to Said Thomas Ports Will to have & to hold all Such rights Title Interest & Estate to him & To his heirs forever In Witnefs whereof I have hereunto Set my Hand & Seal this 30^th October 1817. Henry Davis Jun'r

Signed in the presence of

J. B. Godfrey

B. F. Godfrey.

South Carolina}

Marion District} Personally appeared before Me Austin Stone one of the Justices of the peace of said District John B. Godfrey who being duly sworn declareth that he saw Henry Davis Jun'r Sign & deliver the within instrument of writing for the uses and purposes therein contained and that Benj. F. Godfrey was a Subscribing Witnefs To the Same JB Godfrey. Sworn before me this 30^th Oct. 1817. Austin Stone J.P.

Marion County

Register of Deeds

Deed Book G, page 57

https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLV-5V1P?i=464&cat=472601

We know from this lawsuit that Letters of Testamentary were issued to Mrs. Frances Port in March 1777. So, on that date we know that Thomas Port was deceased and that he died sometime before March 1777.

We know from Thomas Port Will that he wrote his Last Will and Testament on 22 November 1776.

Thus, we have narrowed Thomas Port death to have occurred between 22 Nov. 1776 and March 1777.

In the lawsuit it is stated that Frances Port died in the year 1811. The Marion County Probate Minutes for this time period makes no mention of her death.

There are 1419 trees on Ancestry that shows Thomas Port death. Of the First 70 listed there are 69 with a death date of 16 Dec 1815 and one with 1780. I will never understand why anyone would spend so much time copying information without verification and without doing the research themselves.

If you would like to read the entire lawsuit it starts on Page 197 of this link

Page 197

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Sta/_zMLAAAAYAAJ?hl=en&gbpv=1&dq=Thomas+Port+Davis+Marion+Dist,+SC&pg=PA197&printsec=frontcover

Or page 505 of this link

Page 505

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Con/UGstAQAAMAAJ?hl=en&gbpv=1&bsq=Thomas%20Port

________________________________________________

page 197

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Sta/_zMLAAAAYAAJ?hl=en&gbpv=1&dq=Thomas+Port+Davis+Marion+Dist,+SC&pg=PA197&printsec=frontcover

Page 505

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Con/UGstAQAAMAAJ?hl=en&gbpv=1&bsq=Port

SOURCE: Reports of Judicial Decisions, in the State of South Carolina From 1793 to 1816, South Carolina Courts, Joseph Brevard, Vol. III, 41 Broad Street, Charleston, SC, 1840. [Davis, et. Al. v Port]

Joseph Davis To Daughter Ann Maria Fladger

Joseph Davis}
To}
Ann Maria Fladger} To all men to whom these presents shall come Greetings. I, Joseph Davis of the State of South Carolinas and in the District of Marion Planter do in consideration of the love good will and Regard, I have for and bear towards my daughter Ann Maria Fladger lend to her the use of two Negroe Slaves, known and distinguished by the names of Sophiah Bonapart during her Natural life, and give to her Ifsue if any, but in such case she should die leaving no ifsue then and in Such the two above named to be deemed a part of my Estate as if this Deed had never been given in confirmation of this my deed I have this day delivered unto her hand and of the above named Negroes namely Sophiah, in the Name of the two, and for the use and purposes above mentioned, and I do hereby nominate and appoint my son Abraham Giles Davis Trustee to this my Deed of Gift and I have hereunto fixed my hand & seal this first day of September in the Year of our Lord one thousand eight hundred and fourteen and in the thirty Eights years of American Independence.                                Joseph Davis {}
Signed & Sealed in the
presence of Ann Dozer}
William Davis}
Henry Davis, Jr.}

South Carolina}
Marion District} By William Jugerlon Jr. (?) one of the Justices afsigned to keep the peace in and for the District of Marion personally came before me Henry Davis, Jr., and after being by me duly sworn made oath that he saw the within named Joseph Davis Sign seal and deliver the within instrument of writing unto the within named Ann Maria Fladger for the use and purpose within mentioned and that Ann Dozer and William Davis was the other subscribing Witnefs with himself. Sworn to before me this 3 day of September 1811.
Wm. Eagerton, Jr.                                              Henry Davis, Jr.
Recorded 5 June 1821 Thos. Harllee, R. M.


Lt. Joseph B. Davis is conveying a Deed of Gift of 2 Slaves to his daughter Ann Marie. Ann Marie Davis married Capt. Hugh Giles Fladger about 1809. Their first known child was born in 1810. Abraham Giles Davis, son of Joseph, was named Trustee. Witnesses were also family members or relatives consisting of Ann Dozer, William Davis and Henry Davis, Jr.

Lt. Joseph B. Davis is my 1st Cousin 4 times Removed.






_____________________
[1] Marion County, South Carolina, DEED BOOK I: page 394, Joseph Davis to Ann Maria Fladger; Register of Deeds, Marion, Marion County, South Carolina.