Will of David Davis, Monroe, Alabama & Charleston, SC http://files.usgwarchives.net/al/monroe/wills/ddavis.txt ==================================================================== USGENWEB PROJECT NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Project Archives to store this file permanently for free access. This file is copyrighted and contributed by: Ruth Newlan ==================================================================== March 2003 Will of David Davis of Monroe Co., Al - formerly of Charleston, SC At the Orphan Court began and held at Fort Claiborne on the second Monday, 11th May 1818. Present - Reuben Hill, Ch. Justice and Wm Wingate and Lawerence Wood, both J.J. Ordered by the Court that Wm Stuart be and he is hereby appointed overseer of the poor in place of Lawrence Wood Resigned- On the application of Francis Davis (by her attorney H. W. Taylor) with the Will annexed. Ordered by the Court, that Letters Testamentary be granted said Francis Davis on the Estate of David Davis, dec. Personally appeared before the justices of the said Court, John Barlow, Mills Barlow & Wiley Jones, who being duly sworn declared & say in open Court that they attended on David Davis late of said county dec, and that a few hours before his death he called on the said deponants to take notice that it was his last will and testiment, that his wife Frances Davis should have all his property of every description & requests the deponents to take notice that this was his intention that being asked whether he had a written Will, said he had, and send for the written instrument and showed the same to these deponents & requested said deponants to take notice that the same contained his last Will and Testament on which he had given all his property as he had before declared to his wife Frances Davis. Deponents further say that this declarations above mentioned were made during the last sickness of Davis and a few hours before his death & that he was of sound mind & memory until his death & that they the said deponents remained with Davis Davis during most the whole time for three days before his death. These deponents further say, that the written instrument purporting to be the last Will & Testament of said Davis is the same shown to them by said Davis, as before mentioned, that they all are acquainted with the hand writting of said Dav. Davis and that the signature to said Will is the hand writting of said Davis. Signed: John Barlow, Mills Barlow, Wiley Jones Sworn to & subscribed before me Abel Farrar Reg. O.C.M.C. Alabama Territory} Orphans court Monroe County} May Term 1818 The written Will, having been duly proven according to Law, it is ordered by the court that the same be recorded as the last Will and Testament of the within mentioned David Davis Reuben Hill, C. J. The last Will and Testament of Davis Davis residing in the district of Charleston South Carolina this 25th day of March in the year of our Lord One Thousand Eight hundred and Sixteen, & of the Independence of America the fortieth & forty first- In the name of God - Amen! I David Davis, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory, bless the almighty God for the same: so make and publish this my last Will and Testament in manners & form following: First- When after my death the funeral expenses with other thereto belonging lawful charges, and also lawful proved debts having been paid; I give & bequeath unto my beloved wife Frances Davis all my property consisting of Negroes, Horses, Cattle or stock of any kind whatsoever & the increase thereof. Second- I David Davis do give & bequeath unto the same, my beloved wife Frances Davis, all my houshold & kitchen furniture of any kind whatsoever.- Third- I give & bequeath unto the same my beloved wife; above mentioned, the charges & receipts of all notes, bonds & claims whatsoever left in her possession by my death, & also the whole of existing cash, left by me. Fourth- And Lastly. I do give & bequeath unto my beloved wife Frances Davis the residue & remainder of all my personal Estate, rising(riding?) chairs, goods & chattells of what kind & nature so ever- I give and bequeath all this above mentioned, to my dear beloved wife Frances Davis, whom I hereby solemnly declare & appoint the sole exectrix of this my last Will & Testament; hereby revoking all former Wills or promises (before this) by me made. - In Witness, I have hereunto set my hand and seal, this the 26th day of March in the year of our Lord on Thousand Eight hundred & sixteen & of the Independence of America the Fortieth & forty first. Signed: David Davis Signed, Sealed, published & declared by the above mentioned, Dav. Davis, to be his last Will and Testament in presence of us; who at his request & at his presence have hereunto subscribed our names as witnesses to the same - John Edward Patterson August Gra (looks like Graham)