Stokes County, NC - Will of James Davis Jr., 1870 ~~~~~~~~~~~~~~~~~~~~~~~~~~ James Davis Jr. Will (not recorded) Background: The following will in the hand of James Davis is apart of a private collection of family papers. The original has been digitized and donated to the Southern Historical Collection at the University of North Carolina Chapel Hill. James Davis (23 December 1793 - 06 May 1872) is the son of James Davis and his wife Margaret Dunlap. James Davis Sr. is believed to have come to the Town Fork area of present day Stokes County with his father William Davis. The family purchased large tracts of land along the Dan River near present day Danbury. James Davis married on the 02nd of January 1817 in Stokes County to Elizabeth McAnally (23 November 1796 - 19 March 1858), the daughter of Jesse McAnally and his wife Elizabeth Morgan. It is believed that Jesse McAnally and James' father James Davis are first cousins; James' mother being of the McAnally family. James Davis Jr. and his wife Elizabeth McAnally had a large family as follows: Margaret married Madison Blackburn; Mary Ann married Wilson Fulton; Eliza Jane married Samuel H. Taylor; Jesse Jay married Arrena Null; Elizabeth McAnally married John Preston Smith; Martha Ruhamer married Thornton Hampton (and died without issue); Nancy married Lemuel Pitzer; James William married 1st Edney Jane Smith, 2nd Nancy Hollingsworth; 3rd Indiana Henrietta Lindsay; Bethenia Rebecca married Andrew Jackson Smith; Emily Carolina married Hiram Washington Adkins; Sarah Louisa married William A. Estes; Luretta Campbell Davis (never married); and Susan Elen married Dr. William R. Hollingsworth. James Davis acumulated around 2,600 acres along the Dan River, much of it from his father's estate, of which only about 400 acres was improved. In 1860, he and his brother William were the sixth and fifth wealthiest men in the county. Over the years, tax and census records show this land was farmed by an enslaved labor numbering ten in 1840 to 32 people before the Civil War. Davis does not seem to have lost much in the way of land after the war and still had an operating grist mill on his plantation. The fate of the iron bloomery or furnace is not known, but operations may have been destroyed during Stoneman's Raid. The Davis household was occupied by Gen. William Jackson Palmer. Document Transcription: I James Davis of the county of Stokes and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and publish this my last will and testament in manner and form following. First the court to appoint some sootable person or persons Administration with the will anexed to carry out the following devices Item I give and devise to my three Daughters now living with me namely Nancy Pitzer, widdow, Luretta CC . Davis and Susan E. Davis my house and lands where I live bien the Five Hundred acres track which I have a deed from Father James Davis Sr. to James Davis Jr. for. So I may not leave them without a home and to have no other shares in the balance of the Lands I own but to share equal in the above named tract of land. The balance of the Lands owned at my death to be equaly divided among the right other children Item I give and bequeath to my daughter Luretta C. Davis not married and lives with me a Negro girl named Isabell with her increase and a negro boy named Edmond child of Siller. One bed and furniture and bedsted one beauro & side saddle one cow and calf and one heifer, and certificate of deposite in Salem Saving Institute for one Thousand Dollars which is taken in her name, which will be equal to the advancements made to my children that is married. Item I give and bequeath to my youngest daughter Susan E. Davis single and lives with me a negro girl named Ann and negro girl called Laura with there increase if any [end of page] (further for Susan) one bed and furniture and bed Stead one bureau one side saddle one cow and calf and one heffer and certificate of deposit in Salem Savings Institute for one Thousand Dollars in money which certificate is taken in her name which I consider equal in proportion to the advancements made to my children that is married Item my will and desire is that all the balance of my lands be equally divided between my other nine children now living (namely) Margaret Blackburn, Mary A. Fulton, Eliza J. Taylor, Jesse J. Davis, Elizabeth M. Smith, Bethenia R. Smith, Sarah L. Estes, Emily C. Adkins and James W. Davis. Item I give and devise to my children married and now living, the negros with their increase together with other advancements at the time of marriage and since which I consider equal to the bequeth to Luretta C. & Susan E. avis above named the above negroes were advanced after marriage. Nancy Pitzer (widow) is here with hirs but I consider them hirs namely Sary and hir increase and boy Joe. Item my will and desire is that the remainder of the negros I now possess after taking out the above divised many be equally divided among all my children now living the residue of my estate (if any) to be sold and the debts owing to me collected and if there should b any surplus over and above the payment of debt expenses and devise that such surplus shall be equally divided and paid over to all my children now living twelve in number in equal proportion share and share alike to them [end of page] and each and every of them there executors administrator and assigns absolutely forever. In witness where of I the said James Davis is hereunto set my hand and seal this 3rd December 1864 James Davis seal Codicil to the foregoing will Whereas I, James Davis have made my last will and testiment in writing bearing date 23rd December 1864 and having made sundry devises and bequests according to the then existing circumstances of my estate but which circumstance having now materally changed I do by this said will to be taken and construed as a part there of will and direct that the judgement I obtained against Wilson Fulton as guardian for L. Pitzers Heirs at Fall term 1867 for $276.62 which bears compound interest from that date (Fall term 1867) also Nancy Pitzers judgement and Interest for $858-66 2/3 taken at fall term 1867 with Interest on $601-80 2/3 from Fall term 1867, I desire that both judgements named above be paid out of Mary A. Fultons part of my estate as it will go into Wilson hands as he justly owes it, and I feel bound for it, the balance of and after paying the above judgement to go to my daughter Mary A Fulton the above to be disposed of by my executors as directed in my said will and testament of which this codicil is hereby declared to be part. In testamony wereof I hereunto set my hand and seal this 1st day of November A.D. 1870 James Davis seal ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Daniel Mahar - DMahar@cmins.com ______________________________________________________________________