Will of William DAVIS, 1862

Contributed to Marlboro County SCGenWeb by Dianne Duncan, 10 Nov 2004

Recorded 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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