Orange County NcArchives Wills.....Davis, James December 7, 1826
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File contributed for use in USGenWeb Archives by:
Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 140-141
Written: December 7, 1826
Recorded: May 1827
Testator: James Davis

I James Davis of Orange County
being sick though of sound mind and
memory do make my last Will and
Testament in manner following towit

In the first place I request and direct
my Executors herein after mentioned to pay
all my just debts ~~

Secondly I lend to my Wife Elizabeth
during her widowhood my land and
plantation together with all the stock of
every description, Household furniture
and farming utensals the better to enable
her to raise and educate my two Children
and after the termination of her Widow
hood or death - My will is, and
I hereby give and bequeath the said property
to my two Sons Sampson Moore and James
Robertson to be then equally divided
between them; subject though to the contingency
that should my Wife be now pregnant
& have a child such Child is to be con
:sidered & entitled to an equal share with
my two other Children

        Lastly I appoint my friends Doctor
Hudson M Cave and my nephew James Davis
Executors of this my last Will and Testament

    In Testamony whereof I have here unto set
my hand by making my Mark this 7th day of
December 1826                                his
                                       James (X) Davis
Signed, sealed & pronounced                  mark
by the Testator to be his last Will
& Testament & made his mark in our presence
who in the presence of each other subscribed the names as
Witnesses  P Henderson Isaac Molett      his
                                   Abner (+) Parry
                                        mark

[Will Book Volume E, page 140]
    I James Davis of Orange County being sick, though of sound mind
& memory do make my last Will and Testament in manner following towit
In the first place I request & direct my Executors herein after mentioned
to pay all my just debts -- Secondly I lend to my Wife Elizabeth during
her widowhood my land & plantation, together with all the stock of every
discription, Household furniture & farming utensils, the better to enable
her to raise & educate my two children & after the termination of her
widowhood or decease - My will is and [I] hereby give and bequeath the said
property to my two sons Sampson Moore and James Roberson to be then
equally divided between them subject though to the contingency that should
my Wife be now pregnant & have a child, such Child is to be considered
& entitled to an equal share with my two other children --

    Lastly I appoint my friends Doctor Hudson M. Cave and
my nephew James Davis Executors of this my last Will and Testament --

    In Testament[sic] whereof I have hereunto set my hand by making my
mark this 7th day of December 1826                         his
Signed, sealed & pronounced by the Testator to be    James (X) Davis
his last Will & Testament & made his mark in our presence  mark
who in the presence of each other subscribed the names as Witnesses
P  Henderson
Isaac Molett
      his
Abner (+) Parry
      mark

[Will Book Volume E, page 141]
                                Orange County May Term 1827
The Execution of the foregoing last Will & Testament was duly proved in open
Court by the oath of Pleasant Henderson one of the subscribing witnesses thereto
& ordered to be recorded.
                     Test.

Additional Comments:
Will Book Volume E, pages 140-141
Recorded May 1827

Original is very faded.

No estate papers found.

There is a folder labeled "Davis, James (1834)" comprising 66 pages.   This folder includes the estate of James Davis who died intestate in 1834, leaving widow Nancy, and was "possessed of a negro slave Abram". William Gattis, Sr. was made guardian of the testator's heirs.  Burroughs Cheek purchased Abram on 31 Dec 1839 for $1086.  Legatees are Nancy E Davis (widow), John E. Davis, Edward R. Davis, Sampson M. Davis, James G. Davis, Ilai Davis, Asa/Azariah N. Davis.