Stokes County, NC - Will of James Davis Jr., 1870 ~~~~~~~~~~~~~~~~~~~~~~~~~~ James Davis Jr. will (recorded) Background: The following will is the last will and testament of James Davis recorded in the will books of Stokes County. His previous will made provisions for the division of slaves, that were no longer part of his estate after emancipation. His daughter Louisa Estes died in 1870 and her husband, Sheriff of Stokes, had remarried. Additionally, his youngest daughter Susan had married Dr. William R. Hollingsworth in 1865 and had moved to Mt. Airy, NC and probably received her share at that time. 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. Documents 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 that is to say ? First that my executors here in after [illegible] shall [illegible] for my body a decent burial suitable to the wishes of my relations and friends with any just debts if any to whomsover owing out of the money that may first come into there hands as part of parcel of my estate Item - I give and devise to my two daughters now living with me namely Luretta C. Davis and Nancy Pitzer my mantion house and all out houses and other improvements so I may not leave them with out a home with the lands to be bounded as follows; being at Red Shoals ford running down the River as it mianders to a stake on the bank of the River the North by [illegible] walnut trees in the bottom of the top of the Ridge out side the fence here Northwest with the wood road to the mill road then west with the mill road to top of the hill then North with the old furnace road to the Sope Stone quary and down the [stream?] to the back line then west to the coling road then South with coling ground track to the road wet of John botts tobacco house then southesast to the mouth of the Lain that leads to Red Shoals ford thence south along the lane to the beginning the above land they may divide at any time they wish. Item I give and bequeath to Luretta C. Davis not married and lives with me the stove and other cooking materials one cow and calf two bedds and furniture & two bed steds one beaureau side saddle and bridle and certificate of deposit in Salem Saving Institute for one thousand dollars which is taken in her name to her [end of page] will be equal to the advancement made to my children that is married Item I give to Nancy Pitzer one cow and calf as she brought one here when she moved here; allso to Nancy and Luretta I give them domestic fowls and poltry and two head of hogs and a years provisions Item I give and bequeath to Margaret Blackburn (widow) seven hundred and fifty dollars in money in place of land. Item I give and bequeath to William A. Estes for Sarah L. Estes (deceased) seven hundred and fifty dollars in place of land to be divided out of William A. Estes Note he gave me for the land sold him on Town Fork the balance to be collect for my estate and to have no more claims in my land Item I give and bequeath to Wilson Fulton and Mary A. Fulton his wife seven hundred and fifty dollars in place of land the money to be paid on Nancy Pitzers Judgement and interest for $858.66 2/3 taken of Fall Term 1867 against Wilson Fulton principal Abraham Fulton Wiat B, Vaughn and William H. Gentry as guardians for L. Pitzers heirs at Fall Term 1867 for $276.62 which bears compound interest from that date Fall Term 1867 and if any thing left after paying the above judgment to the part of the estate the balance to be paid to Wilson Fulton & Mary A. Fulton or their representatives. Item My will and desire is that all of the balance o my land be equally divided between my other seven children now living (namely) Eliza J. Taylor, Jesse J. Davis, Elizabeth M. Smith, James W. Davis, Bethania R. Smith, Emily C. Adkins and Susan E. Hollingsworth. [end of page] the mil lot not to have as much land as the others so as to make them near enough value as possible The residue of my estate if any to be sold and the debts owing to me collected and if there should be any surplus over and above the payment of debts expenses and devises that such surplus shall be equally divided and paid over to all my children now living and including Sarah E. Estes heirs making twelve in number in equal proportion share and share alike to them and each and every of them the executors Administratiors and assignes absolutly for ever and Lastly I do here by constitute and appoint Jesse J. Davis and James W. Davis my lawful executors to all intent and purpose to execute this my last (Will) and testament 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 ______________________________________________________________________