William DAVIS, 1862
Contributed Dianne Duncan, 10 Nov 2004Recorded in Book A, Page 396, Case 1, Box 38 The State of South Carolina Marlborough District In the name of God Amen I William Davis of the District and State aforesaid do make and ordain the following as my last will and Testament 1st .My will and desire is that all my worldly estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease shall be disposed of by my executors hereinafter named in the manner and form following. 2nd My will and desire is that my whole estate real personal or mixed of every kind after my decease shall be by me executors hereinafter named equally divided among all my children share and share alike. the children of any of my children who may be then dead taking the share their parents would have taken had they been alive. the distributive shares of two of my daughters (viz) Sarah and Julia Ann nevertheless I give devise and bequeath to them during their natural lives and after their decease to the heirs of their bodies forever and if either one or both of my said daughters should die leaving no such issue or heirs of their bodies then and in that case reverting to my surviving children share and share alike the children of any of my children who may be then dead taking the share their parents would have taken had they been alive. 3rd My will and desire is that all my just debts and funeral expenses after my decease shall be by my executors hereinafter named paid as soon as shall by them be found convenient from and out of the proceeds of the sale of so much of the distributive share of my son James M Davis as shall be necessary for that purpose and I hereby give my executors hereinafter named the necessary power for that purpose. 4th My will and desire is that my executors hereinafter named shall after my decease permit Ann Clark to reside where she now lives on the land belonging to my estate during the term of five years and also that my executors hereinafter named shall after my decease permit the said Ann Clark to use and enjoy the benefits of five Acres of Land there during the said term of five years free of rents or charges whatsoever and I hereby give my executors hereinafter named the necessary power for that purpose. 5th And lastly I hereby nominate constitute and appoint my two sons in law (vis) Peter T. Smith and Eli Gibson to be the Executors of this my last will and Testament hereby revoking annulling and making void all former wills or bequests heretofore by me made and declare this to be my last will and Testament. In witness whereof I have hereunto set my hand and Seal this Twenty Ninth day of January in the year of our Lord one thousand eight hundred and sixty one. William Davis (seal) Witnessed by his mark A.J. Stanton Duncan McPherson Harber Quick Ordinary Probate of a Will Printed and sold by Walker, Evans & Co. Charleston The State of South- Carolina Marlboro District By A.N. Bristow Esquire, Ordinary Personally appeared before me A.J. Stanton, one of the Subscribing Witnesses to the foregoing Instrument of Writing, who made Oath on the Holy Evangelists of Almighty God, that he saw William Davis - the testator sign, seal, publish, pronounce and declare the same to be his last Will and Testament: that he was then of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief: and Deponent, together with Duncan McPherson and Herbert Quick signed their names thereto as Witnesses at his request, in his presence, and in the presence of each other: At the same time qualified Peter T Smith and Eli Gibson therein named Executors GIVEN under my Hand, this Twenty Seventh day of January in the year of our Lord one thousand eight hundred and Sixty two and in the 86th year of the Independence of South Carolina. A.M Bristow
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