Fairfield-Kershaw-Greenville County ScArchives Wills.....DAVIS, James October 19, 1822 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Milisia Hanlin NineBetweens@aol.com January 16, 2009, 10:48 am Source: South Carolina Department Of Archives And History. 8301 Parklane Road, Columbia, Sc 29223. Tele: 803.896.6100; Fax: 803.896.6198. Written: October 19, 1822 Recorded: October 26, 1822 Will of James DAVIS, of Fairfield District, Fairfield County, South Carolina “IN THE NAME OF GOD, AMEN, I. James DAVIS, of the district of Fairfield, in the State of South-Carolina, being sick and weak of body; Yet, (thanks be to God) of perfect mind and memory: Calling to mind the mortality of my body, and knowing that it is appointed until all men, once to die, do make, ordain and establish this my last Will and Testament, in the following manner and form. That is to say After the payment of all my just debts, my will and desire is that my wife Mary DAVIS Shall have the following negroes, Jesse and Hannah his wife & Simon, with the use of the old plantation whereon I formerly lived, and that whereon I now live, during her natural life; As also so much of my stock of all kinds, household furniture and plantation Utensils, as, in the judgment of my executors, hereafter names, shall suffice for her comfortable and plentiful subsistence. My will is father, that as soon as convenient After my decease, All the residue of my stock, plantation Utensils & furniture, if any, not devised in the last article shall be sold to the highest bidder, on a term of Credit, discretional with my executors, and the proceeds thereof to be disposed of, as hereafter directed. As soon as it may appear to my executors, that a sale can be effected to no disadvantage, my Will is that my lower plantations, known by the name of “Boyd’s shall be sold to the highest bidder, on a credit discretional with my executors, and the proceeds thereof, together with those of the last Article, be divided into two equal parts, one of which I give and bequeath to my son Jonathan DAVIS, and to his heirs forever; the other half to be retained in the hands of my executors, first, for the support of my daughter, Elizabeth, and to be equally divided among all the lawful heirs of her body; to be delivered over to them, either as they shall marry or become of lawful age to inherit the same. But for as much as there has been a mutual divorcement or separation entered into and acted upon, between my Aforesaid daughter Elizabeth and her husband John “Boyd, and for as much as, ,,,” [End of P:1] [Start of P:2] “…from former experience, I have no confidence in the good economy of either of them, my Will is that neig[crossed out and ‘t’ had written]her of them shall have the actual enjoyment or disposal of any part of my estate, or of any part of that which is herein devised to any, or either of their children; Save that she shall have her maintenance, through the hands of my executors, as aforesaid. In addition to the slaves left to my wife Mary DAVIS, I do hereby add the service of A girl called Lucy, during her natural life My Will is that unlefs circumstances, (in the view of my executors) should render it necefsary, or at least advisable, none of my slaves shall be sold; but that they shall be appraised by persons appointed by my executors for that purpose, and divided in the same manner, and among the same legatees as the lands aforesaid still reserving the dividend on the part of daughter Elizabeth to be invested particularly in the right of the heirs of her body as aforesaid and at the exclusion of any claim or right of pofsefsion in any part or manner whatever of her my daughter Elizabeths husband John Boyd either her or hereafter referred to. And I do further will that all and every part of my estate not above included which I now or may hereafter pofsefs may be disposed of as above restricted to my Son Jonathan & his heirs & and to the heirs of the body of my daughter Elizabeth And lastly, I do hereby nominate and appoint my son Jonathan Davis, and my friends John Rogers and James R. Wood, the sole executors of this my last Will and testament, ratifying and confirming this and no other, to be my last will and testament, this nineteenth October. One thousand eight hundred & twenty two. Signed Sealed and declared in the presence of James Rogers Isaac Lowe Levi Gerl James Davis [Seal] Proved October 26, 1822 Jno. Buchanan Ordinary Recorded in book 8, Page 167 June 23, 1823 Apt. 13 File 131 Source Citation and Source Information: South Carolina Department of Archives and History. 8301 Parklane Road, Columbia, SC 29223. Tele: 803.896.6100; Fax: 803.896.6198. S108093: South Carolina Will Transcripts (Microcopy No. 9) DAVIS, James of Fairfield District, Fairfield County Will typescript (MSS Will: Fairfield District Estate Record Book Book F, Vo. 8, Page 167; Estate Packet: File 13, Pkg. 131) (3 Frames). Series: S108093;Reel: 0011; Frame: 00517; Item: 000; Date: 6/23/1822; Description: DAVIS, JAMES OF FAIRFIELD DISTRICT, FAIRFIELD COUNTY WILL TYPESCRIPT (MSS WILL: FAIRFIELD DISTRICT ESTATE RECORD BOOK BOOK F, VOL. 8, PAGE 167; ESTATE PACKET: FILE 13, PKG. 131) (3 FRAMES); Names indexed: BOYD, ELIZABETH; BOYD, JOHN; DAVIS, JAMES; DAVIS, JONATHAN; DAVIS, MARY; GERL, LEVI; HANNAH (SLAVE); JESSE (SLAVE); LOWE, ISAAC; LUCY (SLAVE); ROGERS, JAMES; ROGERS, JOHN; SIMON (SLAVE); WOOD, JAMES R.; Locations: FAIRFIELD DISTRICT; Document type: WILL (TYPESCRIPT); Topics: BOYDS PLANTATION; SLAVES, NAMED; http://www.archivesindex.sc.gov/onlinearchives/RecordDetail.aspx? RecordId=306711. Additional Comments: James DAVIS was a veteran of the American Revolutionary War. [Begin P:43] “…as a Lieutenant, and served as follows: 1st Tour April 4 ~ 1782 – 53 days Nnd Tour July 5 1782 – 41 Days 3rd tour Nov 20 1782 42 Days All My Service was renderd in the company of Capt Amos DAVIS, in Col. Williams Regiments- I carefully examined & compared the signatures to all the above accts & found them to be in the same handwriting— It will be seen from the Evidence, that the marriage took place previous to the above service It will be manifest I think therefore, that the claim to an increase of pension must prevail I have the honor to be Your obtservt D Wallace Hon J. L. EDWARDS” [End of P:43.] Source Citation and Source Information: The National Archives. Publication Number: M804; Publication title: Revolutionary War Pension and Bounty Land Warrant Application Files; Publisher: NARA; State: South Carolina; Veteran Surname Startes With: D; Veteran Surname: DAVIS; Veteran Given Name: James; Pensioner Name: DAVIS; Pensioner Given Name: Mary; Service: South Carolina; Pension Number: W. 8656. ~ "His paternal ancestry dates back in America to [Rev.] David [Daniel] DAVIS, whose father purchased thirty thousand acres of land from William PENN, which was afterward incorporated into New Catle, Delaware County, Pennsylvania, and was settled by a colony from Wales in 1701, known as the "Welsh Tract Baptists." "The colony included the famous divine, John DAVIS, William, Nathan, and Francis DAVIS, of Pemroke[shire] County, Wales, of this family, were noted preachers of the seventeenth century." "John DAVIS, the son of [Rev.] David [Daniel] DAVIS, when a young man removed from New Castle, Pennsylvania, to Loudon County, Virginia, in 1770, bought a large tract of land in Craven, afterwards called Fairfield County, South Carolina, and settled there with his seven sons. He equipped a company in the Revolutionary War and died in 1785." "One of the seven sons, James DAVIS, born in 1754, and died in 1822, was a member of a company of calvalry in Sumpter's brigade, and attained the rank of captain." "Five of his brothers were killed in that war." "He married Mary EDERINGTON, who lived to the advanc[d] age of ninety-nine years." "[Rev.] Jonathan DAVIS, son of Captain James and Mary (Ederington) DAVIS, was born in 1786, and died in 1853. He was a planter of large wealth and became a Baptist minister, built the church near Monticello, Fairfield County, South Carolina, in which he preached, and married Rebecca, daughter of James KINCAID, captain of Sumpter's calvary and for a time under General Marion." "He [Reverend Jonathan DAVIS and Rebecca KINCAID DAVIS] had seven sons and four daughters, William K., father of the Major [William J. DAVIS, of Louisville, Jefferson County, Kentucky] being one of the sons." Source Citation and Source Information: A History of Kentucky and Kentuckians: The Leaders and representative Men in Commerce, Industry and Modern Activities. E. Polk Johnson. Lewis Publishing Company. 1912. Item Notes: V. 2. Original from Harvard University. Digitized January 23, 2008. PP:1055-1057. http://books.google.com/books? id=FXQUAAAAYAAJ. File at: http://files.usgwarchives.net/sc/fairfield/wills/davis25wl.txt This file has been created by a form at http://www.poppet.org/scfiles/ File size: 9.3 Kb