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Transcribed by Betty Jo Stewart, 14 March 2001

WILL OF BENJAMIN DAVIS

In the name of God Amen I Benjamin Davis of South Carolina Marion District being weak in body but of sound mind memory and understanding thanks be to Almighty God for the same and calling to mind the mortality of man and that it is appointed unto all men once to die I do make, ordain, and constitute this to be my last Will and Testament in form and manner, following that is to say

First of all I recommend my soul into the hands of Almighty God that give it and my body to be buried in a decent christianlike manner at the discretion of my Executors

And as to what worldly goods it hath pleased Almighty God to blefs me with I will and bequeath the same in manner following Viz.

Item I will that all my just debts and Funeral Expenses be paid and discharged Imprimis I lend unto my daughter Mary Davis wife of William Davis during her natural life the use of the following negroes and their increas namely Rachel, Crifsey, Jack, Nero, and Peggy together with what Stock Kind and and household goods and furniture she hath received in my lifetime and at her decease I give the said negroes namely Rachel. Crifsey. Jack. Nero and Peggy with their increase to the lawful heirs of her body to be divided amongst them Share and share alike

Item I lend unto my daughter Elizabeth Davis wife of Henry Davis Junr during her natural life the use of the following negroes and their increase namely Mirah, Silvice, Phebe, Sam and Paris with their in increase together with what stock Kind household Goods and furniture which she hath received in my lifetime And at her decease I give the said negroes namely Mirah, Silvice, Phebe, Sam, and Paris with their increase to the lawfull heirs of her body to be divided amongst them Share and Share alike

I will that one tract of land originally containing one thousand acres lying in the Wolf Islands Granted to James Davis. One hundred and Twenty five acres of which tract he sold to William Baker the Remainder being Eight hundred and Seventy five acres sold to Benjamin Davis as pr Deed or Conveyance the above land to be equally divided either by sale or otherwise betwixt my two daughters Mary and Elizabeth at the discretion of my Executors

Item I will unto my two daughters Frances and Hannah One tract of land on Little Peedee on on the East side of said River containing Four hundred and Sixty four acres by Grant to Benjamin Davis said land bounding on lands of Anthony Sweet

Item I will unto my son Nimrod Davis all the Remainder of my Real Estate consisting of Three tracts of land joining each other whereon I now live to him and his heirs forever

Item I will that the remainder of my Estate here in not particularly made mention of by me be Equally divided between my beloved wife Hannah Davis and her three children I have by her namely Frances Hannah and Nimrod I will that Hannah my wife have the use of the of the fourth part of the property just above mentioned during her natural life and at her decease the said property to be divided amongst her three Children namely Frances, Hannah, Nimrod Davis

Item I lend unto each of my three last mentioned children namely Frances, Hannah, & Nimrod Severally the Fourth part of the last mentioned property during their Natural lives and at their decease I give said property to their lawful ifsue or heirs of their Bodies to them and their forever namely all the remainder of my Estate which is not given to my two daughters Mary and Elizabeth

Neverthelefs in case either of my said children Frances Hannah or Nimrod should die without lawful ifsue the portion which have or may receive shall return to the Survivor or Survivors of them and shall be equally divided Share and Share alike

Lastly I do hereby nominate and appoint my beloved friends Richard Gofrey, Benjamin Davis Junr and William Be__une [Bellune?] Executors of this my last Will and Testament hereby revoking all and every former Wills or Will by me heretofore made declaring this to be my last Will and Testament

In Witnefs whereof I have hereunto Set my Hand and Seal this Twenty first day of April in the year of our Lord One thousand eight hundred and two and in the Twenty fifth of American Independence

Signed Sealed published and declared to be my last Will and Testament in the presence of


Thos. T. Wickham )                                    Benjamin Davis (SEAL)
Ann Dunnam       )
Robert Dunnam    )

Recorded in Will Book 1, Page 27

Original Will Missing

Proved August 2, 1802

Saml Cooper, Ordinary of Marion District

Role No. 208


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