WILL OF BENJAMIN DAVIS

 

In the Name of GOD, amen, I Benjamin Davis of Clarendon CountySumter District planter being sick in body but of perfect mind andmemory Thanks be unto God, and calling unto mind the mortality of mybody and knowing that it is appointed for all men once to die.-----Ido make and ordain this my last will and testament that is to say,Principally and first of all, I give and recommend my Soul into thehands of almighty God. That gave it, hoping it will not be rejected,and my body I recommend to the earth, to be buried in a decentChristain burial at the discretion of my Executors not doubting butat the Resurrection I shall receive the same again by the Mightypower of God.------And as touching such worldly Estate wherewith ithas please God to bless me in this life.---I give Demise and disposeof the same in the following Manner and form.---First it is my desirethat all my just debts be first paid. I give and bequeath unto myson Benjamin Davis all the tract of Land where now I live, and incase the Child my Wife is now pregnant with should be a son it is mydesire that he shall have all that tract of Land that I am entitledto, granted to John Frierson and myself when divided, and it is mydesire that my Executors will see it done shortly after my death. Ilikewise give and bequeath unto my son Benjamin Davis the half ofthat tract of Land I now own on Mount Hope Swamp, granted to JamesNelson and myself, the other half to the Child should it be a sonthat my Wife is now pregnant with. Should it be a Daughter it is mydesire the two first Tracts Mentioned to fall to my son BenjaminDavis, and the Mount Hope tract sold by my Executors. And in case ofthe death of my son Benjamin Davis, or the death of the little Childthat my wife is now pregnant with, and a son and neither of them ofthem married now come of age it is my desire that the survivor ofthem may be entitled and enjoy all the said Lands, but if it shouldhappen that both should die it is my will and desire that all myLands be divided equally shared alike between my surviving Daughters,I give and bequeath unto my beloved Wife the choice of all my horsesand my riding chatt and Harness. I give also to my son BenjaminDavis two Negro Fellows named Jemmy and Billy but should he diewithout Lawful issue before he arrives to the age of Twenty oneyears, it is my will and desire that the said two Negro fellows shalldevolve back to my other surviving Children it is also my desire thatthere shall be kept for the support and maintance of my beloved wifeand Children Fifty Cows and Calves and the remainder sold by myExecutors. I give and bequeath all my moveable and personal Estateof every kind and nature whatsoever after what I have alreadydisposed of as aforesaid to be equally divided share and share alikebetween my beloved Wife Mary Davis and my Children Lehnora Davis, andBenjamin Davis and Ann Eliza Davis and the child my wife in nowpregnant with it is also my desire that if either of my childrenshould die before they arrive at the age of twenty one nor havelawful issue in that case their part of my Estate to be returned backto the remainder Surviving Children share and share alike, it is alsomy desire that all my ftk mares and young Creatures be soon after mydecease sold by my Executors, it is my desire also that the whole ofmy Estate, except such part as I have already disposed and orderedsold to be kept together and to raise Crops the support of my Wifeand Children until they arrive at the age of Twenty one at which agethey are to have their parts---it is likewise my desire that my Wifewith her part to remain on my plantation during herWidowhood.------And I do constitute make and appoint my beloved Wifemy Execurrix with my friend and relation John R. Richardson, and myBrother James Davis, my Executors, recommending to their care theEducation of my Children, out of my estate and I do hereby make void,disallow, revoke and disannul all and every other Will, and testamentby me at any time heretofore made and do ordain, confirm and ratifythis only to be and stand for as my last will and Testament, In,Witness hereunto I have set my hand and seal, this seventeenth day ofJuly in the year of our Lord One Thousand eight hundred andtwo-------

Benj Davis- (SEAL)

Singed Sealed and delivered in

Presence of-------

(Recorded in Will Book A Pge 19)

John Rowlett----

(Recorded August 12th 1802)

Nubot Davis*

Wm Taylor Ordy

Jane Muckhaneys

Bundle 27 Pkge 8