Orange County NcArchives Wills.....Davis, John April 16, 1824 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ 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 92-93 Written: April 16, 1824 Recorded: Nov 1825 Testator: John Davis I John Davis of the County of Orange within the State of North Carolina, being in the full Exercis[e] of my Mental faculties do make and Constitute this my last will and Testament in man[n]er and form, to wit --- in the first place I direct my Executor to pay all my Just depts[sic]-- Item I Give unto my b[e]loved wife Elizabeth Davis the Plantation whare on I live with all the lands belonging to Said Tract with the follo[w]ing Exceptions that is that Anderson Davis James Davis and John Davis my Sons have the liberty of living on the land and Enjoying the Same privaliges as I gave thim in my lifetime to be hers during her natural life or widowhood and no longer ~~ I also give unto my Said wife Elizabeth after taken[taking] out the legacies her[e] after mentioned al[l] my Stack[stock] that may be on my plantation at my death of Every dis cription also all my plantation Tools household and Kitchen Furniture and all the Crop that may be on hand at the time of my decease I give unto my sd. wife I also lone unto my Said wife during her widow- hood my negroes Sela and Abraham also my waggon and gear Item I Give unto my son William David Fifty Cents to be paid him at my wife death Item I give my Daughter Salley Bevil Fifty cents to be paid her at my wife death- Turn over [page 2] Itim I give unto [my] Daughter Nancey Raney Fifty Cents to be paid at the death of my wife Item I give unto my Daughter Frances Bevil Fifty Cents to be paid at the death of my wife Item I give unto my Son Robert Davis Fifty Cents to be paid at the death of my wife Item I give my son John One Hundred and Ten Acres of land on the North west corner of my Tract including his im- provements Itim I give unto my Daughter Marey Forty one and a half Acres of Land to include my Dwel[l]ing hous[e] and Join her Brother John Land ~~~ Item I give unto my Daughter Elizabeth Gattes Forty one and a half Acres of land Joining on the South of her Sister Maries land Item I give unto my Son James Ninety Acres of Land to include his plantation and improve- ment - Item I give my son Anderson Fifty Acres of Land to include his improvement Item I give my Son Wyatt Fifty acres of Land that Remains after the other surveys are made Item I give my daughter Marey at her Mar[ri]age Two Cows and Calve[s] or at the death of my wife and for fear of Censure[?] I give her Two Beds and furniture 1 Ches[t] 1 Trunk and all other things she may acquire by her industry also one mare about 4 years old 1 loom and Tackle I give my Boy Abraham at the death of my wife unto my daug[h]ter Marey Item I give my Negro woman Sela unto my Daughter Elizabeth Gattis at the death of my wife [page 3] Item I give unto my Son John Davis at the death of my wife a horse of the vallue of sixty Dollars Item my Desire is that the property that I have given my wife During her widowhood or natural life at her death be sold and the money arising from the sale to be Equally Devided betwe[e]n my Daughter[s] Marey Elizabeth Gattes my sons John James and Wyatt the legacies her[e]tofore mentioned is first to be taken out I nominate and appoint my Son James Davis and my Friend Sampson Moore Executors of this my Last Will and Testament ~~~ Her[e]by revoking all other wills her[e]tofore by me made and acknowl[ed]ging this to be my only last will and Testament In witness whareof I have her unto set my hand and affixed my Seal the 16th day of April 1824 Signed Sealled and published in presence his of us John (X) Davis (seal) mark Jack B. Leigh her Anne (X) Leigh mark [Will Book Volume E, page 92] I John Davis of the County of Orange & State of of[sic] North Carolina being in the full exercise of my mental faculties, do make & constitute this my last Will & testa= =ment in manner & form, to wit, In the first place I direct my Executor to pay all my Just Debts ~~ Item I give unto my beloved wife Elizabeth Davis the plantation whereon I now live with all the lands be= =longing to said Tract, with the following exceptions that is that Anderson Davis, James Davis and John Davis my sons have the Liberty of living on the land & enjoying the same priviledges as I gave them in my life= =time to be hers during her natural life or widow= hood & no longer ~~ I also give unto my said wife Elizabeth after taking out the Legacies hereafter men= tioned all my stock that may be on my plantation at my death of every discription also all my plantation tools house-hold & kitchen furniture & all the crop that may be on hand at the time of my decease I give unto my said wife ~~ I also loan unto my said wife During her widow= hood my negroes Sela & Abraham also my waggon & gear ~~ Item I Give unto my son William David fifty Cents to be paid him at my wife death ~~ Item I give my Daughter Sally Beville fifty Cents to be paid her at my wife death ~~ Item I give unto [my] Daughter Nancy Raney fifty Cents to be paid at the death of my wife ~~ Item I give unto my daughter Frances Beville fifty Cents to be paid her at the death of my wife ~~ Item I give unto my Son Robbert Davis fifty Cents to be paid at the death of my wife ~~ Item I give my son John [Will Book Volume E, page 93] one hundred & ten Acres of land on the north west corner of my tract including his improvements ~~ Item I give unto my daughter Mary forty one & an half Acres of Land to include my dwelling house & join her brother John's Land ~~~ Item I give unto my daughter Elizabeth Gattes forty one & an half Acres of Land joining on the South of her sister Mary's land ~~ Item I give unto my son James Ninety acres of Land to include his plantation & improvements ~~ Item I give my son Anderson fifty Acres of Land to include his improvements ~~ Item I give my son Wyatt fifty fifty[sic] acres of Land, that remains after the other surveys are made ~~ Item I give my daughter Mary at her marriage two cows & Calves or at the death of my wife & for fear of Censure I give her two Beds & furniture one chest & trunk & all other things she may acquire by her industry also one mare about 4 years old one loom & tackle I give my boy Abraham at the Death of my wife unto my daughter Mary ~~ Item I give my negro woman Sela unto my daughter Elizabeth Gattis at the death of my wife ~~ Item I give unto my son John [Davis] at the Death of my wife a horse of the value of Sixty Dollars Item my desire is that the property that I have given my wife during her widowhood or natural life at her death be sold & the money arising from the sale to be equ ally divided between my daughters Mary, Elizabeth Gattis my sons James, John & Wyatt the legacies heretofore men= =tioned is first to be taken out ~~ I nominate & appoint my son James Davis & my friend Sampson Moore Executors of this my last Will & testament ~~ hereby revoking all other wills heretofore by me made & acknowledging this to be my only last Will & testament ~~ In Witness whereof I have here= =unto set my hand & affixed my Seal the 16th day of April 1824 his Signed, Sealed & published in John (X) Davis (seal) presence of us mark Jack B Leigh her Anne (X) Leigh mark Orange County November Term 1825 The Execution of the foregoing last Will & testament of John David was duly proved in open Court by the Oath of Jack B. Leigh a subscribing witness thereto & ordered to be recorded ~~ At the same time James Davis qualified as Executor accordingly Test Additional Comments: Will Book Volume E, pages 92-93 Recorded Nov 1825 Frances and Sally Bevil in the will book are Sally and Frances "Beville" Marey Davis is "Mary Davis" in the will book Wyatt Davis is "William Davis" in a popular will abstract book, but is clearly the former in both the will and tne will book. There are three folders of Estate Papers that may pertain to this estate. "Davis, John (1825)" comprises 16 pages. Testator's widow Sarah David, John Newlin Adm. Testator "departed some weeks past" according to a petition dated Nov 1825. "Davis, John (1826)" comprises 13 pages. Exr James Davis, Jr. [Estate Papers - Inventory 20 Feb 1826] An Inventory of property belonging John David dec Towit One Negro man by the name of Abram one Negro woman by the name of Selea [sundry article omitted] "Davis, Jonathan (1824)" comprises 7 pages. Exr J. Allison. Some family history. [Estate Papers - Note (undated)] Doctr[See Note 1] Charles John Fredrick Rishaw died in the County of Orange - He married a second Wife by the name of Craft - She had several children at the time of her marriage with the Doctr - She had none by the Doctr - He had two Children, Girls by his first wife, - the eldest called Salley & the youngest Betsey - they were put in the care of Jno. Bowles & wife & kept by them until they were nearly grown and were then taken away by an Uncle called Wallace - & a half Brother Southwardly - the Doctr was very poor at the time he died - John Bowles is living - his wife is dead - Noah Mitchels wife & Ruth Bowles can probably tell the particulars. Note 1: Not clear if this is Defendant, Deponent, Doctor etc.