The Case of File W6962: Jane Davis & The Fight for a Revoluntionary War Pension

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The Last Will and Testament of David Davis, Jr.

 Mecklenburg County North Carolina June 23d 1828

Be it know 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 Pharr Jur’t
Jane B. Pharr
 

David Davis was borne about 1758, a son of Rev. David Davis and his wife, Jane Miles.

David married Rebecca Jane Willis on 20 January 1781. His grandson, Thos. Green Barnet,  named within this Will was the son of  of daughter Jane and her husband William Graham Barnett. 

Research data pertaining to the Davis surname during this time period is rare, elusive, hard to find and verify. So this document is a “Works in Progress.” You should verify all data to ensure its validity. 

David Davis, Jr. is my 4th Great Grand Uncle.

____________________________
Source: https://www.ancestry.com/discoveryui-content/view/545423:9061?tid=&pid=&queryId=813a0c3df704a7cbe97b31333b7de26b&_phsrc=ngE6&_phstart=successSource

It’s Family Time~The Benjamin Brock & Caty Wright Family

The family of Benjamin Brock and Catherine “Caty” Wright is an enigma. They only appear in one Census - The 1800 Population Census for Anson County, North Carolina.

The Family Composition was:

1 Male age 26-44, Benjamin Brock

1 female age 26-44, Catherine Wright

2 Males under 10

2 Females under 10

1800 CENSUS: Fayetteville District, Anson County, North Carolina, Series: M32  Roll: 29; Page: 224;  Benjamin BROCK, Age 26- 44 [1756-1774], 2 Males, under 10; 2 Female, under 10 and 1 Female, age 26-44 [Wife, Catherine Wright].

Benjamin Brock was born between 1756 and 1774 based on his age as reported in the 1800 Census above. He married Catherine “Caty” Wright sometime before 18 January 1794. This is proven by comments in an Anson County Land Deed – Benjamin Brock to William Peques (Deed Book “E”, page 229).

Benjamin Brock to William Peques
                THIS INDENTURE made this Eighteenth day of January one thousand seven hundred and Ninety Four Between Benjamin Brock and Catherine his wife of Anson County in the state of North Carolina of the one part and William Peques of the County of Chesterfield in the state of South Carolina Planter of the other Part Witnesseth that the said Benjamin Brock & Catherine his wife for and in consideration of the sum of fifteen Pounds Current money of the state of South Carolina aforesaid to them in hand Paid by the said William Peques before the unsealing and Delivery hereof the Receipt whereof they the said Benjamin Brock & Catherine his wife doth hereby acknowledge and themselves to be fully satisfied contented and Paid hath granted bargained sold aliened Enfeoffed Conveyed and Confirmed and by these presents Doth freely and absolutely grant  bargain Sell alien Enfeoff Convey and Confirmed unto the said William Peques all that piece or parcel of land lying and being in the County of Anson State aforesaid on Hucklelberry Creek on the South West side of the great Pee Dee river Containing one hundred & twenty four acres being  part of a tract of land Containing four hundred originally granted to John Wright Senr. Beginning at a Stone in the road & runs No 9 West Eighty Nine poles to a small gum on Huckleberry Creek thence North seventy six West one hundred and seventy poles to a post oak thence South Nine West One hundred and forty six poles to a black oak  on the upper line of a Tract of land formerly claimed by Stephen Tomkins thence with the said line to the Beginning Together with all & singular the buildings profits privileged and appurtenances to the same belonging or in anywise appertaining & the reversion and Reversions  remainder &remainders Rents Issues & profit thereof and every part and Parcel thereof &all the Estate right title Interest use trust possession Property profit benefit claim & demand both in law and Equity  whish they the said Benjamin Brock & Catherine his wife now hath or ever had of in and to the premises aforesaid to have And To Hold the said piece or parcel of land aforesaid with every the Premises and appurtenances thereunto belonging unto the said William Peques his heirs and  assigns forever and they the the said Benjamin Brock & Catherine his wife Doth for themselves their heirs Executors administrators and assigns in manner and form following (that is to say) that he the said William Peques his heirs and assigns shall and may from time to time and at all times forever hereafter peaceably and Quietly  have Hold use occupy possess and enjoy the said pierce or parcel of land with Every the Premises and appurtenances thereunto belonging without any manner of Trouble hindrance Molestation Interruption or denial of them the said Benjamin Brock and Catherine his wife their heirs or assigns and all and every other person or Persons Whatsoever lastly they the said Benjamin Brock and Catherine his wife for themselves & their heirs doth herby promise and agree to and with the said William Peques his heirs and assigns that they the said Benjamin Brock and Catherine his wife their heirs and assigns the above bargained Premises to him the said William Pegues his heirs and assigns from and against then the said Benj. Brock & Catherine his wife & their heirs and from and against all and every person or persons claiming under them shall and will warrant and forever Defend by these Premises_____________In Witness whereof the said Parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written Signed sealed & Delivered
In the Presence of                                                Benjamin Brock {seal}
John Wright                                                         Caly Brock  {seal}
John X Evans                                       Anson January Court 1794
                                                        Then this deed was duly proved by John
                                                        Wright witness thereto and ordered to,
                                                        be registered
                                                                               Test. Wm. Johnson Clk.

Land Deed “E” page 229 states that Catherine is the daughter of John Wright, Jr.

“Conveyed by John Wright Jur. By Deed dated the 20th day June 1789 to his Daughter Caty Wright now Caty Brock Excepting a Piece Containing________ acres…”

There is a total of 7 Land Deeds in Anson in which Benjamin and Catherine (Wright) Brock, one or the other or both, are parties too in their execution. The specific Deed Book and pages can be found in the footnotes to this web blog. 

The last record we have of Benjamin Brock is Land Deed “W” pages 147 to 148, dated 12 December 1827 – Ben Brock to James Brock.

Ben Brock to James Brock
Known all men by these presents that I Benjamin Brock of the state of South Carolina Chesterfield District for and in consideration of the sum of fifty cents have granted, bargained sold released unto James Brock of the state and district aforesaid and by these presents do grant, bargain sell and  release unto him the said James Brock a certain tract or parcel of land lying and being in the state of North Carolina Anson County on a branch of Westfield Creek containing four hundred acres more or less which I the sd Ben Brock purchased from Jane McIntire Ann McIntyre Duncan Nicholson and James Nicholson reference being had to the deed for a more particular description of said lands…

After this date (12 Dec 1827) no record of Benjamin Brock, Catherine (Wright) Brock; their 2 sons and 2 daughters has been found. If you have any information about this family please contact me through this blog.

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1. Land Deed - Benjamin Brock to William Pegues; 18 January 1794; Deed Book #C2; Page(s) 239; Register of Deeds; Wadesboro, Anson County, North Carolina; 3 January 2020.

2. Land Deed - BENJAMIN BROCK TO JOHN WRIGHT; Deed Book # E; page(s)229.

3. 1800 U S Census, Anson County, North Carolina, population schedule, Fayetteville District, Anson County, North Carolina, Page: 224; Household of Benjamin BROCK; digital images, Ancestry (www.ancestry.com : viewed 3 March 2011); citing National Archives Microfilm M32, Roll 29.

4. Land Deed - JOHN WRIGHT SEN. TO BENJAMIN BROCK; 13 July 1801; Deed Book # H2; page(s)212.

5. Land Deed - BENJN. BROCK TO WILLIAM BROOK & RICH’D KNIGHT; 21 November 1801; Deed Book # H2; page(s)269 & 270.

6. Land Deed - BENJAMIN BROCK TO SAMUEL PRATT; 15 December 1807; Deed Book # M; page(s)259.

7. Land Deed - BEN BROCK to JAMES BROCK; 12 December 1827; Deed Book # W; page(s)47 & 48.

8. Land Deed - BENJAMIN BROCK TO JOHN WRIGHT; ; Deed Book # E; page(s)229.

9. 1800 U S Census, Anson County, North Carolina, Population Schedule, Fayetteville District, Anson County, North Carolina, Page: 224; Household of Benjamin BROCK.

Petition for Name Change! Whiddon to Gandy

Edward Gandy, Jr. adopted four Whiddon Children, Griffin, Brinkly, Temsey and Elizabeth about 1809. In 1809, he partitioned the General Assembly to change the names of these four children so that they would have the same rights and privileges as his own.  The General Assembly, in 1809, approved his request.

 Each of these 4 children along with a child named Amos Gandy were named within Edward Gandy Last Will and Testament written on 23 July 1816 and probated August Term 1817 in Nash County, North Carolina.

 

 

Partial Transcription:

CHAP. CXXVIII

                   An act to alter the names of the persons therein mentioned, and to legitimate a part thereof.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the names of Griffin Whitton, Brinkly Whitton, Temsey Whitton and Elizabeth Whitton, of Nash County, to that of Griffin Gandy, Brinkly Gandy, Temsey Gandy and Elizabeth Gandy; and the names of Robert Stanly…

 

And the aforesaid persons shall be called and known by the names as above altered, and shall be able respectively to sue and be sued, plead and be impleaded in any court of law or equity, and shall possess and enjoy the same privileges as if they had borne the names as above altered from their nativity.

 

II. And be it further enacted, That the following persons who are mentioned in first section of this act, to wit, Saphier Volentine Bledsoe, Joel W. Henderson, Ann Shores, Elvey Lewis, Anderson Peoples, Griffin Gandy, Brinkly Gandy, Temsey Gandy and Elizabeth Gandy, Milicent Freeman… shall for ever hereafter be legitimated and made capable to possess, inherit and enjoy, by descent or otherwise, any estate, either real or personal, to all intents and purposes, as if they had been born in actual wedlock.

 

 The Gandy's are part of my maternal lineage. 

 

 

______________________________________ 

Note: Surname spelled Whitton and Whiddon

N.C. General Assembly, North Carolina Session Laws, 1795-1821; 1809, p. 40, Ch. CXXVIII, Microfilm Rel S.50.5P. The act changed the names of Whiddon children, Griffin, Brinkley, Tamsey and Elizabeth, to Gandy. The children had been adopted by Edward Gandy, Jr. of Nash County, N.C.

https://digital.ncdcr.gov/digital/collection/p16062coll9/id/265415

https://www.genealogy.com/forum/surnames/topics/whiddon/117/

Who are the Parents of Charity, wife of Wiley Morris of Chesterfield County, SC?

Who are the Parents of Charity, wife of Wiley Morris of Chesterfield County, SC?
During my lifetime I had heard many times from my Mother that her Great Grandfather Hezekiah and his brother Alsey Brock married sisters by the name of Sarah and Lucy Morris. During my genealogical search from 1976 to present I have attempted many times to identify the parents of Sarah and Lucy Morris. It has been a difficult journey fraught with many rabbit trails and failures. As of today the parents of Sarah and Lucy Morris remains a mystery. The advent of on-line copying in lieu of actual research has added to the mystery.

Today on Ancestry there are 62 on-line trees stating that the wife of Wiley Morris is a lady named Charity Short, b. about 1806 and most say that her parents are Daniel Short, Jr. and Margaret Hinson.

There is no doubt that the wife of Wiley Morris was a young lady named Charity, b. abt 1806 and the South Carolina Death Certificates if her known children shows her maiden name to be SHORT.

1850 CENSUS: Chesterfield, Chesterfield County, South Carolina; Roll:  M432_851; Image: 208; Film #0444814, Page 102A, Line 21, Dwelling #46, Family 46; Alsey BROCK, age 34, Farmer, born in SC; Lucy BROCK, wife, age 25, born in SC; C. A. BROCK, Son, age 12, born in SC; P. A. BROCK, Son, age 10, born in SC. Also in the household is Martha MORRIS, age 30, born in SC.

1860 CENSUS: Cheraw, Chesterfield County, South Carolina; Roll: M653_1217;  Image: 369; Family History Library Film: 805217. Page 183A, Line 25, Dwelling #1238, Family #1239; Lucy BROCK, age 37, Seamstress; Charles BROCK, age 24, Clerk; P. A. BROCK, age 21, Clerk.  Staying with Lucy is Martha MORRIS, age 45; Julia HOWELL, age 20.

Wiley and his wife had the following known children:
i. Martha "Patsey" Morris born on 8 Dec 1815, SC; died on 7 May 1880, SC.
1850 CENSUS: Chesterfield, Chesterfield County, South Carolina; Roll:  M432_851; Image: 208; Film #0444814, Page 102A, Line 21, Dwelling #46, Family 46; Alsey BROCK, age 34, Farmer, born in SC; Lucy BROCK, wife, age 25, born in SC; C. A. BROCK, Son, age 12, born in SC; P. A. BROCK, Son, age 10, born in SC. Also in the household is Martha MORRIS, age 30, born in SC.

1860 CENSUS: Cheraw, Chesterfield County, South Carolina; Roll: M653_1217;  Image: 369; Family History Library Film: 805217. Page 183A, Line 25, Dwelling #1238, Family #1239; Lucy BROCK, age 37, Seamstress; Charles BROCK, age 24, Clerk; P. A. BROCK, age 21, Clerk.  Staying with Lucy is Martha MORRIS, age 45; Julia HOWELL, age 20.

ii. Lucy Morris, born 13 Jul 1822, SC; married Alsey Brock, abt 1835; died 4 Jan 1887, SC.(My Great Uncle)
1850-1860 (above), 1870 and 1880 Census

iii. Sarah "Sally" Morris, born 27 Jan 1829, SC; married Hezekiah Brock, abt 1849–1850, died 21 Oct 1902, SC.
I do not have a document saying that Sarah "Sallie' is a Morris other than family history that Alsey and Hezekiah married Sisters. 

iv. Elizabeth Morris, born abt 1833; married John William McDuffie; died unknown.
NO Info

v. Mary Frances Morris was born on 25 Jan 1835 in SC; died on 22 Feb 1916, SC.
SC Death certificate shows Father unknown; Mother Charity SHORT

vi. Ann Morris was born about 1837.
No Info

vii. William Morris was born about 1841.
No Info

viii. Joseph Morris, born 7 Aug 1842, NC; married Jane Burr, abt 1868; married Mary Elizabeth Burr, abt 1872; died 27 Aug 1919, NC..
SC Death Certificate Father Wiley Morris; Mother Charity Short
Parents say in 1850/1860 he was born in SC; he said in 1880/1900 he was born in NC. 

ix. James Morris, born 10 Jun 1853; married Susan Pressley; died 15 Nov 1918.
SC Death certificate had Father: Wiley Morris; Mother: Short

There is significant indirect evidence that Charity Morris surname was indeed SHORT.


The parents of CHARITY SHORT MORRIS are alleged to be Margaret Hinson and Daniel Short Jr.
Daniel Short, Sr left a Will but when Daniel Short, Jr. passed away in Moore County, North Carolina he died intestate.

However, his wife Margaret Hinson Short who passed away in 1872 did leave a Will
There is a Moore County, NC WILL for Margaret Short alleged wife of Daniel Short Jr. . The Will was probated in 1872 (Moore County WB  D-45)

It can be found here:
https://www.familysearch.org/ark:/61903/3:1:33S7-9GHG-97VM?i=51&wc=32GS-82Q%3A169763701%2C169888801&cc=1867501

THE WILL DOES NOT SHOW A DAUGHTER NAMED – CHARITY

LAST WILL AND TESTAMENT OF MARGARET SHORT


I, Margaret Short of the County of Moore and State North Carolina, being of sound and disposing mind and memory do make publish and declare this to be my last will and testament in manner following to wit.
Item 1st; I desire my Executor herein after named to conduct my funeral according to the wishes and directions of my children and friends and to pay my funeral expenses and just debts due to any one from me out of my estate.
Item 2; I will devise & bequeath to my daughter Frances Vick wife of John Vick and at her death to the living of her body, to her and their sole and separate use and not to be subject to the duty control or control of her said husband John Vick a track of land in said County.; One hundred and sixty three acres more or less the tract of land on which said Vick and family now lives being the same allotted to said Vick & wife in the division of the real estate of the late Daniel Short since and now owned by me but the above devise of said tract of land to my daughter Francis and her living is made subject to the payment of her husband John Vick or by his living or someone for them of a debt of one hundred dollars with all interest due thereon which said Vick now owes to me and if said debt be not paid to me my Executor is directed to collect the same, and if it cannot be paid without a sale of said tract of land or a part thereof, hereby devised to my said daughter her living then I direct my Executor to sale so much of said land as maybe necessary for the payment of said debt and interest.
Item 3; the balance of my estate and property real and personal or mixed or whatever it may consist I give devise and bequeath to my children Sarah Short, Eliza Short, Ellen Short, Caroline Short and Saml P. Short and the heirs share and share alike.
Item 4th; I desire and hope all my other children will be satisfied with this my will as I think in view of all the circumstances, I have acted rightfully and I hereby appoint and constitute Pleasant Short & B. H. Short my Executors to execute this my will and testament and carry out its several provisions.
Signed sealed and declared in presence of Us this 12 Febry 1862.                                                                                                                                              Margaret (her mark) Short
A.H. McNeill
A.M. Branson
Whereas I Margaret Short have made my last will and testament bearing date 12th Febry 1862, I do by this my writing which I hereby declare to be a codicil to my said will to be taken and construed as a part of the same Item I will direct that the interest in Item 3rd to Saml P. Short as he is dead is to be equally divided between my four daughters, Sarah Fields, Eliza Short, Ellen Fields and Carolina Short Share and Share alike. And I hereby revoke the appointment of B.H. Short and Pleasant Short as my Executors and do hereby appoint A.H. McNeill, my Executor to execute this my last will and testament and carry out its several provisions.
Signed sealed published by the said Margaret Short}
To be her last will and testament}                           Margaret (her mark) Short
In presence of
J. H. Caddill
Angus Currie

I Margaret Short do hereby release John Vick from any and all claims which I have against him.; I did have a claim of one hundred dollars.; I have been satisfied of the same, and hereby release the same as aforesaid this 10th Febry 1870.                          Margaret (her mark) Short
Witness J. H. Caddill

North Carolina}
Moore County}
We the undersigned being heirs at law of Margaret Short having heard a paper writing read purporting to be the last will and testament of the said Margaret Short and the said paper writing appoints one A. H. McNeill Executor we hereby request the proper authority to allow the said McNeill to qualify without trouble to him
This 25th Nov. 1873
John Hancock
Brinkly Short
Benjamin H. Cole
Devotion Short
John Vick

State of North Carolina}
Moore County}
A paper purporting to be the last will and testament of Margaret Short deceased with the codicil to will is exhibited before me the undersigned Judge of Probate for said County by A. H. McNeill the Executor therein named and the due Execution thereof by the said Margaret Short by the oath and examination of the Subscribing witnefses to the said codicil who being duly sworn do dispose and say and each for himself deposeth and saith and saith <sic> that he is a Subscribing witnefs to the paper writing now Shown purporting to be the codicil to the last will & testament of Margaret Short that the Said Margaret Short in the presence of these deponents Subscribed her name at the end of Said paper writing which is now Shown as aforesaid, and bearing date of 12th day of February 1862. And the deponents further Saith that the said Margaret Short the testatrix aforesaid did at the time of Subscribing her name as aforesaid declare the Said paper writing So subscribed as and exhibited to be the Codicil to the last will and testament and these deponents did thereupon [sign] their name at the end of said Will as attesting witnefs thereto., and at the request and in the presence of her name to the Said the said testatrix and these deponents further saith that at the said time when the said testatrix subscribed her name to the said last will and testament as aforesaid and at the time of the deponent subscribing their names as attesting witness thereto as aforesaid the Said Margaret Short was of Sound mind and memory of full age to execute a will and was not under any restraint to the knowledge information or belied of these deponents and further these deponents Say not.
Severally Sworn & Subscribed }                 J. H. Caddill {Seal}
this 21th day of November 1873}              Angus Currie {Seal}
A. H. McMeil Judge of }
Probate}

North Carolina}
Moore County} In Superior Court
In chambers 29th Nov 1873 A. H. McNeil the Executor named in Will and Codicil of Mrs. Margaret Short being the Clerk of this Court and Ex Aficio Judge of Probate the proceedings has upon the relating to the probate of Said Will & Codicil and submitted to me for approval and are hereby approved and confirmed.
M. M. Frey Esgn one of the Justices of the peace in and for said County of Moore is authorized and directed to qualify the Said A. H. McNeil as Executor by administering to him the oath required by law, in the form of an affidavit Signed by McNeil and certified and filed by the Justice.
                                                        Ralph B. Benton
                                                       Judge 5^th District

Although Margaret Short made a comment in item #4 that she “hope all my other children will be satisfied with this my will as I think in view of all the circumstances;” she did not name these other children.

Personally, I do not believe that Daniel Short, Jr. and his wife Margaret Hinson are the parents of Charity [LNU] Morris.

An important clue to the parentage of Wiley and Charity is that all their children were born in South Carolina. The Daniel Short – Margaret Hinson family was a North Carolina family that lived in Anson and Moore Counties. There is no proof they ever lived in South Carolina.

If you have any information on this family I would like to hear from you.

You can write to me here or post your comments.

Indirect evidence points to Wiley and Charity as my 3rd great grandparents. I would like to prove or disprove this connection. 

Amanuensis Monday~Last Will and Testament of Hannah (Dunham) Davis, 1811

Amanuensis Monday is a Web Blog theme started by blogger John Newmark. You can access his blog here.

A full explanation of the Amanuensis Monday blog theme can be found here.


Today’s subject is the Last Will and Testament of Hannah (Dunham) Davis, 1811. ¹

Transcription: 

WILL OF HANNAH DAVIS

In the name of God Amen I Hannah Davis of the District of Marion and State of South Carolina being weak in body but of perfect mind memory and understanding thanks be to Almighty God for the same and calling to mind the Mortality of man that it is appointed once for all men to die do make ordain & constitute this my last will & Testament in form and manner following that is to say First of all I recommend my soul into the hands of Almighty God that gave it & my body to the dust to be buried in a decent Christian manner & as to what worldly goods it hath pleased God to give me I will and bequeath them in form and manner following Vis I will that all my Just debts & funeral expenses be paid and discharged Item I lend unto my beloved daughter Hannah Woodberry and to her lawful ifsue One negroe woman namely Jim & the increase of her body from the date of Eighteen hundred and eleven Item I lend unto my beloved son Nimrod Davis and the lawful ifsue of his body Seven Negroes namely Frank Silvy, Jack Isaac Ethelee Billy and Dahlia and their increase Stock of Cattle Hogs and Sheep Household and Kitchen furniture Books and Hand mill Item I lend unto my beloved Grand daughter Hannah Mary Groom one negro Girl namely Flora and her increase and give to the lawful ifsue of her body Item I lend unto my beloved Grandson John Groom and give unto the lawful ifsue of his body One negro boy namely Fortune I will that if any of my Grandchildren should die leaving no lawful ifsue for the above named property to return to such of my Grandchildren as may be surviving at that time or the lawful ifsue of their bodies And last of all I do nominate & appoint my beloved son Nimrod Davis and my beloved friend Henry Davis Executors to this my last will and Testament hereby revoking all and every former wills or will by me heretofore made declaring this to be my last Will and Testament In Witnefs Whereof I have hereunto set my hand and Seal this thirteenth day of July in the year of our Lord one thousand Eight hundred and Eleven and in the thirty fifth of American Independence The words in. and. interlined _ Signed Sealed published [and declared strikethrough and replaced with published] and declared to be my last will and testament in presence of
Elizabeth Woodbury                                  Hannah Davis {Seal}
Henry M Davis
Henry Davis Junr

Hannah (Dunham) Davis is the wife of Benjamin Davis, Jr. 

Benjamin is my 1st Cousin 6 times Removed


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[1] Marion District, South Carolina, Will Books:Will Book 1, Page 264 WILL of Hannah Davis; www.familysearch.org, Marion, Marion County, South Carolina; https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-29CY-B?i=158&cat=391278

Finding the Correct Name of the Wife of Lewis Boatwright, Jr.

In 1927, Harry Alexander Davis published an unsourced book of the David/Davis family entitled “The Davis family (Davies and David) in Wales and America : genealogy of Morgan David of Pennsylvania.”

The book has been widely used by Davis researchers within the United States. The book is not without errors and as stated before none of the information within the book has been sourced. One of those errors will be addressed in this web post.

On pages 54 and 55 of the book, Mr. Davis shows that the 7th child of Thomas Davis and Nancy Rivers was a daughter name Margaret Elizabeth who married Lewis Boatwright.



Elizabeth did marry Lewis Boatwright, Jr. but in several deeds related to his estate, she maintains that her name is Elizabeth Rebecca NOT  Margaret Elizabeth as stated in the Davis book. See Chesterfield County Land Deeds, DB 1, page 46-47 and DB 3, page 301-302.

One child of Margaret and Lewis is not mentioned in the Davis book. That child was Louisa Ann who married Duncan Teal. Dates for individuals do not match census records; there is a known death date for Lewis but no known death date exists for Elizabeth Rebecca Davis Boatwright. 



Transcription:

Lewis Boatwright to Samuel Boatwright Deed [1]

The State of South Carolina}
Chesterfield District}
Know all men by these presents that I Lewis Boatwright of the State and district aforesaid for and in consideration of the sum of two hundred and fifty ($250} to me in hand paid have granted bargained sold and released and by these presents do grant bargain sale and release unto my son Samuel Boatwright of the said State and district a certain piece parcel and tract of land containing two hundred and fifty-one (251) [acres] more or less bounded on the North by R. Smith’s land on the East by W. W. Davis’s land on the South by Geo. Boatwright’s land and on the East by Wesley Streator’s land together with all and singular the rights members hereditaments and appurtenances to the said premises belonging or in any wise incident or appertaining to have and to hold all and singular the above-mentioned premise unto the said Samuel Boatwright his heirs and assigns forever and I the said Lewis Boatwright do hereby warrant and forever defend the said premises with their appurtenances unto the said Samuel Boatwright and bind myself my heirs executors and administrators to warrant and defend the same unto the said Samuel Boatwright is heirs and assigns forever against myself and heirs and from and against the claim or claims of any person claiming the same. In witness whereof I have hereunto set my hand and seal this 15th day of April A.D. Eighteen Hundred and fifty-four [1854].
Signed Sealed and deliver
in the presence of                                         Lewis Boatwright {seal}
C. W. Davis
George R. Boatwright
South Carolina}
Chesterfield District} Personally appeared before me C. W. Davis and made oath that he saw the within named Lewis Boatwright Sign Seal and as his act & deed deliver the within written Deed & that he with George R. Boatwright witness the execution thereof
Sworn before me
this 29th April 1854                                                   C. W. Davis
J. C. Craig, Clk
The State of South Carolina
Chesterfield District } I H. Craig, Jr. Clk & Ex Offc Magistrate do hereby certify unto all whom it may concern that Elizabeth R. Boatwright the wife of the within named Lewis Boatwright did this day appear before me and upon being privately and separately examined by me did declared that she does voluntarily and without any compulsion dread or fear of any person or persons whomsoever renounce release and forever relinquish unto the within named Samuel Boatwright his heirs and assigns all her interest and estate, and also all her rights and claim of Dower, of, in, or to all and Singular the premises within mentioned and released.
Given under my hand and seal this tenth day of January Anno Domini 1866.
{LS} H. Craig, Jr.                              Elizabeth Rebecca X Boatwright
Clk.

United States revenue stamp amounting
To 5 cents canceled by H. C. Jr. 10th February 1866
This deed was recorded in the Register’s Office for Chesterfield District on the 29 April 1854 in Book R, page 78 which Book was destroyed by General Sherman’s Army.
                                                                      H. Craig, Jr. Reg. O. D


Elizabeth Rebecca Davis Boatwright is my 3rd Great Grand Aunt.  








_________________________
[1] Land Deed - Lewis Boatwright to Samuel Boatwright; 15 April 1854; Deed Book #1; Page(s) 47-48; Register of Deeds; Chesterfield, Chesterfield County, South Carolina; viewed.

It’s Family Time~The Family of Lewis Boatwright, Jr.

Lewis Boatwright Jr. was born about 1798 in Chesterfield, Chesterfield, South Carolina. He was the son of Lewis Boatwright, Sr. and Sarah Lundy.

Lewis Boatwright Jr. married Elizabeth Rebecca Davis about 1818 in Chesterfield, Chesterfield, South Carolina. This date is based on the birth of their known first born child, George R. Boatwright on 19 January 1819.

Elizabeth Rebecca Davis, daughter of Thomas Davis and Nancy Rivers, was born in 1798–1802 in Chesterfield, Chesterfield, South Carolina.


Lewis Jr. and Lewis Sr. were farmers and very well known in their community. In April 1853, Lewis Jr. sold a large portion of his land holdings to his son, Samuel Boatwright. The deed is recorded in Deed Book 1, pages 47 and 48.

Land Deed - Lewis Boatwright to Samuel Boatwright dated 15 April 1854 states that he Lewis Boatwright "do grant bargain sell and release unto my Son Samuel". Transfer of 250 acres for the sum of $250.00. States that Elizabeth R. Boatwright the wife of the within named Lewis Boatwright did appears this 10 day January 1866. Elizabeth Rebecca [Davis] Boatwright relinquishes her rights of dower. Harry Alexander Davis in his book "The Davis of Wales and America", page 55 has her name recorded as Margaret Elizabeth Davis. Yet, in this land deed she states that her name is Elizabeth Rebecca Boatwright.[Chesterfield County, SC, Register of Deeds, Book #1, Page 47-48]
.
Lewis Boatwright and Elizabeth Rebecca Davis had the following children:

i. George R. Boatwright, born 19 Jan 1819, Chesterfield, Chesterfield, South Carolina; married Lauretta Hurst, abt 1852, Chesterfield, Chesterfield, South Carolina; died 9 Apr 1894, Chesterfield, Chesterfield, South Carolina.
ii. Elizabeth Boatwright, born 2 May 1820, Chesterfield, Chesterfield, South Carolina; married Carroll Washington Davis, 17 Feb 1846, Chesterfield, Chesterfield, South Carolina; died 15 Dec 1853, Chesterfield, Chesterfield, South Carolina.
iii. Louisa Ann Boatwright, born abt 1830, Chesterfield, Chesterfield, South Carolina; married Duncan Teal; died 1 Sep 1902.
iv. Samuel Boatwright, born 5 Aug 1832, Chesterfield, Chesterfield, South Carolina; married Sarah Ann Hurst, abt 1851, Chesterfield, Chesterfield, South Carolina; died 19 Feb 1863, Chesterfield, Chesterfield, South Carolina.
v. Mary B. Boatwright, born 1832, Chesterfield, Chesterfield, South Carolina; married Carroll Washington Davis, 10 Aug 1854, Chesterfield, Chesterfield, South Carolina; died 22 Feb 1863, Chesterfield, Chesterfield, South Carolina.
vi. Sarah Boatwright was born in 1837 in Chesterfield, Chesterfield, South Carolina.
vii. Calvin Boatwright was born in 1840 in Chesterfield, Chesterfield, South Carolina.
viii. Lucinda Boatwright was born in 1843 in Chesterfield, Chesterfield, South Carolina.

Lewis Boatwright, Jr. died on 7 Mar 1863 at the age of 65 in Chesterfield, Chesterfield, South Carolina. He was buried in Chesterfield County, South Carolina but no tombstone has been found. Lewis’ estate was assigned Probate Folder #56 and was probated in Chesterfield County, South Carolina.


Elizabeth Rebecca Boatwright died about Nov 1874 at the age of 76 in Chesterfield, Chesterfield, South Carolina. No tombstone has been found for Elizabeth Rebecca Boatwright. Her death in Nov 1874 is based on the triggering of Guardianship for her minor grand children.

Estate folder: #439 - Mary E. Davis, et al
As stated above, Lewis Boatwright, Jr. died in March 1863 at which time his surviving spouse and children inherited his estate. I believe the death of Elizabeth Rebecca (Davis) Boatwright occurred sometime about November 1874 triggered the court action requiring new guardianship of the surviving grandchildren who were the heirs-at-law in this estate.
https://www.familysearch.org/ark:/61903/3:1:939L-JZSD-7W?i=1170&wc=MPP1-PTL%3A190567401%2C190561002%2C190567402%2C190970801&cc=1911928


Elizabeth Rebecca (Davis) Boatwright is my 3rd Great Grandaunt.












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1. 1850 U S Census, Chesterfield County, South Carolina, population schedule, Chesterfield, Chesterfield County, South Carolina, Page 177B, Line 31, Dwelling 1214, Family 1214, Household of Lewis BOATWRIGHT; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 November 2011); citing National Archives Microfilm M432 Roll 851.
2. Land Deed - Lewis Boatwright to Samuel Boatwright; 15 April 1854; Deed Book #1; Page(s) 47-48; Register of Deeds; Chesterfield, Chesterfield County, SC; 3 June 2000.
3. 1860 U. S. Census, Chesterfield County, South Carolina, population schedule, Chesterfield County, South Carolina, Page 145, Line 15, Dwelling 719, Family 717, Household of Lewis BOATWRIGHT; digital images, Ancestry.com (http://www.ancestry.com : May 21, 2012 viewed); citing National Archives Microfilm M653-1217.
4. James C. Pigg, Index and Genealogical Abstracts of the Chesterfield District Court of Common Pleas: Equity Side, 1823-1869 (Tega Cay, South Carolina: Self-published, 1995), page 130.
5. Chesterfield County, South Carolina, Probate Files & Loose papers, Lewis Boatwright Jr.; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 29 May 2014); Probate Folder #56.
6. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 3 June 2012); Memorial page for George R. Boatwright; (19 January 1819–9 April 1894); Find a Grave memorial # 43479004, Citing Hurst Family Cemetery; Chesterfield, Chesterfield County, South Carolina, USA.
7. Harry Alexander Davis, The Davis Family (Davies and David) in Wales and America: genealogy of Morgan David of Pennsylvania (Washington, D.C.: H. A. Davis, 1927), page 55.
8. 1850 U S Census, Chesterfield County, South Carolina, Population Schedule, Chesterfield, Chesterfield County, South Carolina, Page 177B, Line 31, Dwelling 1214, Family 1214, Household of Lewis BOATWRIGHT.
9. Land Deed - James T. Talton to Elizabeth Boatwright; 6 July 1868; Deed Book #1; Page(s) 280-281; Register of Deeds; Chesterfield, Chesterfield County, South Carolina; viewed.
14. 1870 U. S. Census, Court House, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, Page: 307A; Line 18, Dwelling 376, Family 376, E. R. BOATWRIGHT Household; digital image, Ancestry.com (http://www.ancestry.com : viewed 7 July 2012); citing National Archive Microfilm M593, Roll 1491.
15. Land Deed - Lewis Boatwright to Samuel Boatwright; 15 April 1854; Deed Book # 1; page(s)47-48.

Chesterfield County SC~Estate Folder #439 – Mary E. Davis, et al

Each week, on Sunday, I will select an Estate Folders from the Estate files of Chesterfield County and discuss its contents. 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 resource if you are looking for ancestors in Chesterfield County, South Carolina.

Today we will be looking at the following Estate folder:
#439
Mary E. Davis, et al ¹

https://www.familysearch.org/ark:/61903/3:1:939L-JZS6-5S?i=1124&wc=MPP1-PTL%3A190567401%2C190561002%2C190567402%2C190970801&cc=1911928

On 6 February 1863, Carroll Washington Davis passed away in Chesterfield, SC. Three weeks later, his 2nd wife, Mary B. Boatwright Davis, sister to his deceased wife, passed away leaving 7 orphan children under the age of twenty one.

The obituary² for the oldest son claims that he (William Benjamin “Uncle Doc” Davis) was returning home from the War and

“After reaching home on stick and crutch he helped look after and care for his six orphan brothers and sisters, his father and mother having died February 6 and 28, 1863, respectively.”

In December 1870, Michael Davis (my 3rd Great Grandfather) was named Guardian of  the youngest of these 7 children – Mary Eliza Davis, b. 22 February 1863.



Transcription:

State of South Carolina}
Chesterfield County}
To Hugh Craig, Judge of Probate
The petition of D. R. Davis Adm. Of C. W. Davis – Sheweth that Mary E. Davis is an infant about the age of 8 years and is entitled to a distributive share of the estate of C. W. Davis dec’d. and has now no guardian.
     Your petitioner therefore prays that some suitable person be appointed guardian of this person and estate of said infant – Dec. 25, 1870.

Court of Probate
Chesterfield County Dec 23rd 1870
     Upon hearing the above Petition and after examining and having testimony it is ordered and decreed that Michael Davis be appointed guardian for the person and estate of Mary E. Davis-
                                                                               Hugh Craig
                                                                               Judge of Probate

I accept the guardianship of the above named Mary E. Davis – Dec 23rd 1870.
Witness D. R. Davis                       Michl X his mark Davis

Mary B. Boatwright 2nd wife) and  Elizabeth Boatwright (1st wife ) of Carroll Washington Davis were daughters of Lewis Boatwright, Jr. and his wife Elizabeth Rebecca Davis. Thus, the 7 children were all grandchildren of Lewis and Elizabeth Rebecca Boatwright.

We know that Lewis Boatwright., Jr. died on 7 March 1863. Up until this point all that was known about Elizabeth Rebecca (Davis) Boatwright was that she died after 1870. 

1870 CENSUS: Court House, Chesterfield County, South Carolina; Roll:  M593_1491; Image: 139; Family History Library Film: 552990, Page: 307A(stamped); Line 18, Dwelling 376, Family 376; E. R. BOATWRIGHT, female, age 72 <1798>, born in NC.

I believe this estate folder sheds some light on when Elizabeth Rebecca (Davis) Boatwright passed away.

In Image 1171 of this estate we find the following document:



Transcription:

South Carolina}
Chesterfield County}
     To W. J. Hanna Probate Judge
The Petition of
1st Sheweth that they are minors under the age of twenty-one years and over the age of fourteen years.
2nd  That they are entitled to a small personal Estate from the Estate of Lewis Boatwright – They therefore prays that James F. Perkins may be appointed their Guardian to take charge of said Estate and your petitioners will ever pray +c.        
                                                               Mary E. X her mark Davis
                                                               Margaret E. X her mark Davis
                                                               Lewis B. X his mark Davis
Witness W. B. Davis, Jr.                          Catherine J. Davis

There is no date on this petition but the next Image 1172, The Guardian Bond, is dated and the date on the Guardian Bond for James F. Perkins is 2 November 1874.

 
As stated above, Lewis Boatwright, Jr. died in March 1863 at which time his surviving spouse and children inherited his estate. I believe the death of Elizabeth Rebecca (Davis) Boatwright occurred sometime about November 1874 triggering the court action requiring new guardianship of the surviving grandchildren who were the heirs-at-law in this estate.


The children in this Estate are my 2nd Cousins 3 times removed.

Michael Davis is my 3rd Great Grandfather.

His sister, Elizabeth Rebecca Boatwright is my 3rd Great Grand Aunt.









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[1] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," Church of Jesus Christ of the Latter Day Saints, Family Search (https://www.familysearch.org/ : Viewed January 2012), images, "Mary E. Davis, et al; Probate File #439," images 1125-1175; South Carolina Archives and History.
[2] William B. DAVIS obituary, The Chesterfield Advertiser, Chesterfield, Chesterfield County, South Carolina, 3 October 1929, page 4, col. 5.