Stokes County, NC - Will of James Davis Sr., 1833 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Background: James Davis (08 August 1753 - 17 August 1844) is noted in the family Bible as having been from Augusta County, Virginia. It is believed that his father is the William Davis found in Stokes County and who bought land along the Dan River. James' mother may have been Mary McAnally sister to Capt. Charles McAnally; one of the leading figures of Stokes County. James Davis served in the American Revolution as a Private in Captain Colvart's Company under Major Joseph Wilson and also under Captain Robert Hill. For his final tour of duty, James hired Berry stone to substitute for him; Stone was sent to the Battle of Cowpens. James Davis married Margaret Dunlap and through a Revolutionary War pension deposition for Joseph Banner, we know he married Margaret in August of 1777 in Stokes. Margaret is known to have been a Dunlap, but no records have been found to connect her to the family by the same name in Stokes. James Davis and his wife Margaret had issue: Mary married John Salmon; Rebecca married James Dearing; Bethenia married Mills Eason; Jane married William Covington; Anna married Joseph Eason; James married Elizabeth McAnally; William never married; Elender married Richard Dearing; Margaret married Winston Carter. The will provides an unusual glimpse with the inclusion of James' granddaughter Minerva Davis, natural born child of Margaret Carter. Minerva is virtually adopted by her uncle William Davis. She married William Flynt of Stokes. James acquired over 3,000 acres of which probably only around 400 acres were improved. This was farmed with the labor of around 30 enslaved people. There was a grist mill on the plantation and some type of bloomery producing iron, which had originally been established by Peter Perkins. Documents Transcription: In the name of God amen I James Davis of the County of Stokes & State of North Carolina being in a good state of health as can be Expected of a man of my advanced age and at present time in sound mind and memory thanks be to God for the same and calling to mind the mortality of my body & knowing that it is appointed for all men once to die. Do make and ordain this my last will and testiment in manner and form following. Inprimis - I give and bequeath to my beloved wife Margaret Davis all my lands from Ducking Shoal creek on the south side of Dan River down the said River so fair as my land extends together with all the premises belonging thereto including my mantion house also all my household & kitchen furniture of ever [illegible] also nine negros towit Tony, Lewis, Moses, Winny, Leah, Nell Delpha and Theny and Mart to remain with her my wife during her natural life then after her decease to b sold and equally divided amongst all my now surviving children. Except the above named negro woman Theny and her increase after the death of my wife Margaret Davis to go to my son William Davis. Further - it is my will and desire that my daughter Elender Dearing deceased shall have an equal part with my now surviving children to e equally divided among there children in the sale of the above negroes. Further - I give to my wife Margaret Davis all my stock of every descriptions Except what is hereafter disposed of otherwise together with all my plantation and blacksmith tools waggons and gear of every description with all other articles belonging to and for the use of the plantation including the stills [end of page one] to remain with her during her nature life in order that the business of every kind may be carried on as it now is as much as possible and my will and desire would be that my son William would undertake on such times as he and hi mother could agree on to carry on the business of the plantation and all appertaining thereto for the mutual advantage of both. Item. I give and bequeath to my son James Davis all my land on Dan River that he has not got a title for as thus begininig on the north bank of Dan river a little below opposite the mouth of Ducking Shoal Creek at a fresh marked postoak sapling runing on a fresh marked line nearly north crossing what is called Mcanallys road that leads to Virginia continuing on a fresh marked line crossing little Snow creek or commonly called Linds creek near a new cabbin built for Patsy Southern thence on a fresh marked line as fair as my land extends to Haynses bounty clam land also the tract of land on Big snow creek that John Mitchell formerly lived on adjoining Haynes Land also my furnace tract bought of Peter Hairston also the mills on the River and Snow Creek with all the lands I now hold on both sides of the river as fair up the river as my lands extends to that Henry Wadkins line on the north bank of Dan river at the lower end of the old field called Henry Wadkins plantation thence down and crossing the river to the south side below the mouth off a Branch in the Wadkins land runing up the left side near the branch and old marked line continuing through the Wadkins plantation in that direction as fair as my land extend leaving the balance of the wadkins tract as I intend giving that part to my [end of page] Daughter Rebecca Dearing I also give a tract of four hundred acres to my son James Davis Lying on the waters of Snow Creek which Land was deeded to me by Constant Ladd Sheriff deceased which will fully appear by referring to the registers officer Book C page 114 but James to pay one third the value to my sister Elender McDaniel likewise I give to my son James the Duggins plantation bought of the Walls containing near two hundred acres also I further give my negro man Charles and negro man Tom to my son James Davis by his paying my Executors one hundred dollars for their trouble and services. Item I give an bequeath to my son William Davis all my land lying on the north side of Danriver beginning on the north bank of said river where my son James Davis's land is first named to wit a little below oposite the mouth of Ducking Shoal creek on the fresh marked postoak sapling being the same marked for my son James Davis runing on the same new marked line mentioned for my son James Davis as far as my land Extends in that direction and all as far as my land extends down the river I further give and bequeath to my son William Davis all my land first named from the Ducking Shoal creek down the south side of the river as far as my Lands Extends to have hold and enjoy after the decease of my beloved wife Margaret Davis. I also give and bequeath to my son William Davis a Tract of Land of five hundred & fifty acres that I purchase of my nephew Anthony Davis attorny for his father William Davis being the tract of land that Winston Carter now Lives on. [end of page] [Added in recorded will: Also my negro man Isom to my son William Davis] Item I give and bequeath to my daughter Mary Salmons over and above what I have already given to her the negro woman Sucky that I lately bought of her husband John Salmons also a negro boy named Salem during her natural life then to be sold and Equally divided among her lawful heirs Item I give and bequeath to Daughter Jane Covington Edmond and Bales Two Negro men during her nature life over and above what I have already given her then to be sold and Equally divided among her lawful heirs Item I give and bequeath to my Daughter Rebecca Dearing over and above what I have theretofore given her all the Wadkins plantation whereon she & her family now lies on as low as the line marked on both sides of the river before mentioned for my son James Davis also I give my Daughter Rebecca Dearing a negro girl named Amer during her nature life then to be sold and Equally divided amongst there lawful heirs with this and Amers increase Item I give and bequeath to the heirs of Elender Dearing deceased a negro boy named Charles to be sold and Equally divided over and above what has already been given Item I give and bequeath to my daughter Bethany Eason over and above what I have already given her a negro girl name Agga and a negro boy named Green during her natural life then to be sold together with there increase and Equally divided amongst her lawful heirs Item I give an bequeath to Anna Eason my Daughter over and above what I have already given her during her natural life a negro girl name Elvira and a negro Boy named Stokes and at her decease to be sold together with there increase and Equally divided amongst her lawful heirs Item I give and bequeath to my Daughter Margaret Carter over and above what I have already given her a negro girl name Sall and a child named Leah during her natural life then to be sold and Equally divided together with there increase amongst her lawful heirs Item I give and bequeath to my grand Daughter Minervia Davis Daughter of my daughter Margaret Carter a negro man Jesse and a Negro woman Creasa to remain on the lands of my son William Davis as guardian for her until she becomes of age I also will for my will Margaret Davis to give my grand Daughter Minervia one good horse saddle & bridle a good feather bed and furniture Item it is further my will and desire that my son William Davis do decently cloth support and educate my grand Daughter Minervia Davis for the use of the negros till she becomes of age and incase of her death without Issue the negroes given her to remain with my wife Margaret Davis during her nature life then to be sold and Equally divided between all my children but otherwise I give the above named negroes to her my grand Daughter Minirvia during her natural life and at her death to be sold with their increase and Equally divided amongst her children should she have any otherwise to be [end of page] Equally divided between the heirs of my own children. Item I further give and bequeath unto the heirs of each of my daughters an equal part If ever obtained of a tract of land of five hundred acres Lying on the obine River in the State of Tennessee of eight claimed under deed for Judge James Martin son of Col. James Martin. Lastly I here by make and ordain my believed wife Margaret Davis to this my last will and testament. My Executrix and my trusty friends Jeremiah Gibson & Hampton Bynum my Executors to this my last will and Testament in witness wherefof I the said James Davis hath to this my last will & Testament sit my hand & seal the 27th day of May in the year of our Lord one Thousand Eight hundred and Thirty Three. Signed sealed publish and declared to be my last will and Testament in presence of use. Item it is still further my will that at the disolution or death of my beloved wife Margaret Davis that all remaining on the plantation that is stock of every kind plantation tools and all other article together with the household and kitchen furniture not otherwise disposed of remain on the plantation and that my son William Davis be the rightful owner thereof also what money I have in hand to be applied in paying my debts again signed sealed published and declared to be part of my last will and testament in presence of us This wrote and assigned the same time of the other date the 27th day of May in the year of our Lord one Thousand Eight hundred & Thirty three. James Davis [Recorded will: witnessed by WA Mitchell and Charles McAnally] ______________________________________________________________________ Copyright. 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