Will of Walter Davis Augusta County VA - Will Book 1-A Page 51 WILL OF WALTER DAVIS In the name of God, Amen, I Walter Davis of Augusta County & Commonwealth of Virginia being weak in body but of sound mind & memory Blessed be the almighty God for the same, do make and sign ordain this my last Will Will & Testament, as for the worldly Estate with which God has blessed me, I devise & bequeath in the manner & form following to wit; It is my will that my just debts be first paid. It is my will that all my lands shall be sold, & also my entry that I made joining the Seder Spring Survey. I allow my Executors hereafter named to sell & convey my right of it to the best advantage as it now stands, all which lands I allow my said Executors to sell & convey as soon as they can have a good opportunity & I do hereby empower them to make a sufficient title for the said land as I myself could do and the money they receive for it they are to keep the one half of each payment & put it to interest & if that interest is not sufficient I do allow them to make use of the principle for the support of my wife & daughter Agnes & the other half of the price of the lands, I give unto my son John Davis, him to get one of each payment, as soon as it is paid. I devise to my said John Davis the Waggon & geers & the farming utensils except the four axes & two of he is to have, which ever two he choses and do allow him to live on the land, untill it is sold, if be think fit, and give his mother the one third of the produce, & to put her part of both grain & hay up in good order in the lower end of the barn or whatever place she choses to have it put, and my wife to hold possession of the dwelling house & That part of the barn until the land is sold, but if my son will not chose to live on the land & pay his mother that rent, I allow my executors to rent it to the best advantage they can for the Support of my wife & daughter Agnes for untill the land can be sold to the most advantage for the Legatees, & my said son John Davis to have two thirds of the rent, and I do give devise & bequeath to my beloved wife Martha Davis the whole of both household and kitchen furniture & my negroe girl C1ery & all her increase to her & her heirs & assigns forever with all my sheep gees & her choice of two cows to dispose of as she thinks fit, except one bed & I give & bequeath to my daughter Agnes forever. I allow the hogs to be equal divided between my wife & John, and all the remainder of my estate not otherwise disposed of, I do allow my executors to sell & collect it with all the money due to me at my decease & put the whole with what ready I may have to interest, which interest & principle, I do likewise allow with the before mentioned interest & principle for aforesaid sufficient support for my wife & daughter Agnes during their natural lives & what money is not expended at both of their deaths, I devise to be divided in manner following, I give my daughter, Euphema Donelly twenty pounds and my daughter Elizabeth Parks twenty pounds & all the rest of my children that is not heretofore mentioned, each of them to have one dollar, I devise to my grand children, Patsey Donelly, Wat Ewin, Walter Davis, Martha Ann Davis, Patsey Davis & Patsey Davis Herrin, each of them to have ten pounds. In case ever my son John Davis should have a son named Walter, or if my daughter Elizabeth Parks should have a son named Walter, or if either have a daughter named Martha, each of them is to have an equal share with the rest of my grand children before mentioned & in case Martha Rivers has no child named Walter or Martha she is to have five pounds herself & in case there should be more money left I allow my daughters & grand children to have in proportion to what I have allowed them, & if there is left they are to take in proportion. I allow Andrew Hunter the privilege of the water that runs through his pipes from my spring during the life of his present wife, if she lives there if she do not more damage than what she do at present, & also during the natural life of the said Andrew Hunter under the same restrictions & and I do hereby nominate constitute & appoint my beloved son William Davis & my trusty friends Joseph Bell & Robert Stuart Executors of this my last Will & Testament revoking all others. In Testimony hereof I have hereunto set my hand & affixed my seal this 15th day March in ye year of our Lord eighteen hundred & three. Walter Davis (Seal) Signed sealed & acknowledged before us Joseph Bell, Robt Scott Sam;l Brooks, James Boyd Staunton District Court April the 7th 1803. This Last Will & Testament of Walter Davis deceased was presented in Court by William Davis, Joseph Bell & Robert Stuart the Executors therein named & being proved by the oaths of Robert Scott & James Boyd the witnesses thereto is ordered to be Recorded. Whereupon on the Motion of said Executors who made oath according to law & together with James Best, Robert Scott & David Caruthers their Securities entered into & acknowledged their Bond in the penalty of twelve thousand Dollars conditioned as the Law directs certificate is granted them for obtaining probate thereof in due form, & It is ordered that James Henderson, John Caldwell, Saml Brooks & Stephen Riddle or any three of them being first sworn do appraise in Current money the sales if any & personal estate of the said Walter Davis deceased & return the same to the Court. Teste John Caulter AUGUSTA COUNTY, VIRGINIA, SUPERIOR COURT WILL BOOK 1-A, Page 51. Submitted by Jim JD34TLO36@aol.com ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************