Orange County NcArchives Wills.....Davis, Jonathan August 18, 1823 ************************************************ 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, page 47 Written: August 18, 1823 Recorded: Nov 1823 Testator: Jonathan Davis In the name of God Amen being in a low state of health but of sound mind and memory I do make and ordain this my last will and Testament in form and manner as follows in the year of our Lord one thousand eight hundred and twenty three (1823) and 18th Augst Item in the first place it is my wish that all of my just debts should be paid out of the deb[t]s due me and such perishable property as my wife and Executor may think proper After my just debts are paid I loan to my beloved wife during [her] widowhood the whole of my estate perish- able personal and real with the priviledge[sic] of giving off to the children of our marriage at such time as she may think most advisable any part of said Estate provided She does not give to any one of them more than their equal and proportionable part and at her death the Estate is to be so divided that each child after sd. division shall have had from first to last an equal share . Item But in case my wife marries again then instead of loaning her the whole of my property I loan her until the youngest child comes of age the tract of land on which I now live with my negro man Isaac provided however she raises and gives to each child a good English education (and does not by any means or any way dispose of sd. property for in that case the sd. land and negro man shall immediately be divided among sd. children) [page 2] And the remainder of my property I wish divided among my children when the oldest comes of age The tract of land on which Tuttington now lives I wish to be sold at private sale whenever my wife thinks proper and the proceeds to be applied to the purchising[sic] a negro girl which girl when purchased I loan to my beloved wife as long as she remains a widow or the youngest child comes of age and then she and her increase to be equally divided among sd. children. In case however my wife thinks proper at any time she may instead of the afore said loaned property take a childs part which shall be at her own disposal and the remainder of the estate in that case is to be kept together until the oldest child comes of age and then an equal division to be made between them all. And I appoint my beloved wife as Executrix and Col. Joseph Allison of Orange County Executor to this my last will and Testament. In testamony[sic] whereof I have here unto affixed my hand and seal Jonathan Davis (seal) Test E. Graves } Abram Parrish } Jurat Exr & Exx qualified [Will Book Volume E, page 47] In the name of God Amen. being in a low state of Health but of sound mind & memory I do make & ordain this my last will & testament in form & manner as follows in the year of our Lord one thousand Eight hundred & twenty three (1823) and 18th Augst. Item in the first place it is my wish that all of my just Debts should be paid out of the debts due me & such perishable property as my wife & Executor may think proper After my just debts are paid I loan to my beloved wife during [her] widowhood the whole of my estate perishable, personal, & real, with the priviledge of giving off to the Children of our marriage at such time as she may think ["proper" x-out] most advisable any part of said Estate, provided she does not give to any one of them more than their equal & proportionable part & at her Death The Estate is to be so divided that each child after sd. Division shall have had from first to last an equal share Item but in case my wife marries again, then instead of loaning her the whole of my property - I loan her until the youngest child comes of age, the tract of Land on which I now live, with my negro man Isaac, provided however she raises & gives to each child a good English Education / and does not by any means or any way dis =pose of said property for in that case the said land & negro man shall immediately be divided among said Children - And the remainder of my property I wish divided among my chil= =dren, when the oldest comes of age. The tract of Land on which Tuttington now lives, I wish to be sold at private sale, whenever my wife thinks proper & the proceeds to be app= =lied to the purchasing a negro girl, which girl when pur= =chased I loan to my beloved wife, as long as she remains a widow, or the youngest child comes of age & then she and her increase to be equally divided among Said children. In case however my wife thinks proper at any time, she may instead of the aforesaid loaned property take a childs part which shall be at her own disposal & the remainder of the Estate, in that case is to be kept together, until the oldest child comes of age, & then an equal division to be made between them all. And I appoint my beloved wife as Execu= =trix & Col. Joseph Allison of Orange County Executor to this my last Will & Testament. In testimony whereof I have here unto affixed my hand & seal Test Jonathan Davis (seal) E. Graves } Abram Parrish } Jurat Orange County Court Novemr. Term 1823 The Execution of the foregoing last Will & testament of Jonathan Davis was duly proved in open Court by the Oaths of Elijah Graves & Abram Parish two subscribing Witnesses thereto & ordered to be Recorded - At the same time The Executor & Executrix named therein qualified accordingly Test Additional Comments: Will Book Volume E, page 47 Recorded Nov 1823. 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 transcribed below [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.