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

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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

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. 

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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.