Daniel Davis's will and probate record

Privacy Level: Open (White)
Date: 26 May 1848 [unknown]
Location: Shelby, Illinois, United Statesmap
Surnames/tags: Davis Stoneman
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This is Daniel Davis's will and probate record. The transcription is by me, Jessica Hammond. I still struggle with deciphering old handwriting, and I definitely made some errors and accidental omissions.

I received a copy by requesting it through Illinois Regional Archives Depository (IRAD) System. It's possible that a clearer copy is available at the Shelby County Courthouse.

Shelby County, Illinois, Probate Record 2: 329, Estate of Daniel Davis, 26 May 1848; Illinois Regional Archives Depository (IRAD) System, Springfield, Illinois. Information about requesting records from IRAD is available at http://www.cyberdriveillinois.com/departments/archives/IRAD/irad.pdf


Shelby County Probate Court Record Vol 2 Pg 329-334

Probate Court May 26th 1848

On this day the following will was filed, proved, admitted, and is hereby ordered to record.

In the name of God, Amen, I Daniel Davis of the County of Shelby and the State of Illinois, being weak in body but of sound mind and memory, do make, ordain, and establish this to be my last will and testament, hereby revoking all others, and I do hereby appoint Isham Davis and William F. Tull to be the Executors of my last will and testament, 1st, it is my will and desire that all my final debts be paid and that a sufficiency of my personal property be sold for that purpose. 2 After the payment of all my last debts and funeral expenses, it is my will they my dear and beloved wife keep, retain, and enjoy all my real and personal estate free from molestation so long as she should live, or so long as she should remain unmarried, but should [illegible] marry or at her death, it is then my will that my executors should sell all my real and personal property to be equally divided between all of my heirs. In testimony [illegible] I have hereunto set my hand and affixed my seal, the 25th day of April in the year of our Lord one thousand Eight hundred and forty-eight, signed and acknowledged before us

John S. Turley James Weeks

Daniel Davis {seal}

State of Illinois Shelby County

On the 26th day of May AD 1848 came John Turley and James Weeks who being duly sworn according to law, doth in their oath state that they were present and saw the testator sign said will in their presence and acknowledge the same to be his and deed and that they believed the testator to be of sound mind and memory at the time of signing the same. In testimony whereof I have hereunto set my hand and seal this 26th day of May AD 1848 David Evoy, F.J.P. State of Illinois Shelby County

Isham Davis and William F. Tull do solemnly swear that the [illegible] last will and testament of the above named Daniel Davis deceased so far as I know and believe, and that we will [illegible] by paying first the debts and then the legacies mentioned therein so far as his goods and chattels will thereunto extend and the law charges us, and that we will make a true and perfect inventory of all such goods and cattles, rights and creditors, as may come to our hands and knowledge belonging to the estate of the said deceased and [illegible] a fair and just account of our Executorship when thereunto required by law to the best of our knowledge and abilities, so help us God.

Isham Davis (his mark) William F. Tull Executor

Sworn to and subscribed before me this 26th day of May AD 1848, David Evoy, F.J.P.

Probate Court May 26th, 1848

Estate of Daniel Davis, dec’d, continued

On this the following bond was filed and affirmed and is hereby ordered to record. David Evoy F.J.P.

[Ilegible] known all men by these presents that we Isham Davis, William F. Tull, Joel Reynolds, John S. Tully, James Weeks, and William Baker of the County of Shelby and State of Illinois are held and firmly bound unto the People of the State of Illinois in the final sum of thirty-six hundred dollars, current money of the United States, for the payment of which well and truly to be made, we and each of us do bind ourselves, our heirs, executors, and administrators, jointly, severally, and firmly by these presents. Witness our hands and seals, this 26th day of May in the year of our Lord, one thousand eight hundred and forty eight.

The condition of the above obligation is such that if the above bound Isham Davis and William F. Tull, executors of the last will and testament of Daniel Davis, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits, [illegible] tenements [?], and hereditaments [?], and the rents and profits issuing out of the hands, [illegible], or knowledge of the same Isham Davis and William F. Tull or into the [illegible] of any other person for these and the same so made to exhibit in the court of Probate for the said County of Shelby, as [illegible] by law, and also make and render a fair and just account of this acting, [illegible] as such executors to said court, when thereunto law fully [illegible] and to well and truly fulfill the duties enforced upon them in and of the said will, and shall moreover pay[?] and deliver to the persons entitled thereto, all the legacies and bequests, contained in said will, so far as the Estate of the said testator will thereunto extends [illegible] to the value thereof, and as the law shall charge them and shall in general do all other acts which may from time to time be required of them by them, then this obligation to be void, otherwise to remain in full, freed, and [illegible].

Attest - David Evoy F.J.P.

Isham Davis (his mark) {seal} William F. Tull {seal} John S. Turley {seal} Joel Reynolds {seal} James Weeks {seal} William Baker {seal}

Probate Court, September 4th, 1848

Estate of Daniel Davis Continued

On this day the following inventory was filed and is hereby ordered to record.

David Evoy, F.J.P.

Inventory of the real Estate, goods, and chattels, notes and account, of the Estate of Daniel Davis late of Shelby County, State of Illinois, deceased.

The south east quarter of the North west quarter of Section twenty four; The East half of the North East quarter of Section twenty three, thirty-eight acres of the South West quarter of the North East quarter of section twenty three, and thirty acres of the south half of the West half of the South West quarter in Section sixteen, all in Township number twelve, Range 5 East, in all two hundred and sixty eight acres.

William Bker Dr[?] to Eight acres south east [?] Isham Davis Dr[?] to 6 acres “ “

one two horse waggon and sheet and [illegible], one ox waggon, one mare 4 years old, one mare two years old, one horse two years old, one horse supposed to be 14 years old, Seventeen head of sheep, 11 of new lambs, 11 five year old heifers, ten yearling steers, three cows and calves, seventeen heifer yearlings and Jersey[?] calf, one three year old Bull, Twenty pork[?] hogs, A set of Blacksmith tools, 3 Cl[illegible] Two Pl[illegible] and Three [illegible], one pair of doublelaces, and a pair of stretchers, Three single [illegible], and two [four illegible words], Three pair of [illegible], Five mare[?] saddles and a [illegible] saddle and 3 bridles, Two [illegible] cradles[?] and one [illegible] hook, one [illegible] hoe and spade, one clock and a pair of steelyards, one wash pot, and a linen pot, and a pair of hooks, two [illegible] and a skillet, and two shovels, one pair of Andersons[?] and a [illegible], Sixteen books, one arithmatic, and a Slate, 8 sett and a half of cups and saucers, one, one sett and a half of Plates and a sett of knives and forks, and 3 gallon jugs, 3 stone crocks, and a Milck Pitcher, one ceder chain[?], two painted Buckets, and washing tub and half bushel, two tubs, one barrel, and four hogshead, one meal tub, Twentyfive pounds of wool Rolls, and 30 hand full of flax, two wheels, 3 fancy bedsteads, 3 pair of Plain bedsteads, two oxes and a hand saw, one six quarter auger, one meh[?] chisel, and 2 [illegible], one smoothing iron, Three beds and bedding and a bow[?] and [illegible] seed[?], Six chairs and half a wheat face, 80 bushels of wheat, 300 bushels of old corn, five hundred dozen of oats, four hundred feet of plank, and a pair of sled runners, one table and a chest, and table cloth, fourteen dollars worth of medicine, Thirtyfive [illegible] and a ground[?] stove, and a pair of sheep shears, one pitchfork and a briar scythe, a one gallon jug, one fat stand and sope[?], one [illegible] square, one candle stick and moles[?], one bundle[?] and a half of spun cotton, one few[?] of coal, and meal sive[?], one [illegible] wedge, fifty stock hogs,

Inventory continued Money on hand - $3.37 ½ William Weeks Do - 1.00 Elisha Waggoner Do - 50 Thomas Baugher Do - 75 Josiah B Tull Do - 36 William Davis Do - 2.37 ½ James Rouse Do doubtfull - 30 [illegible] Womack Do - 1.12 ½ Jane[?] Siler Do - 60 John Rose Do - 127 William Waker Do - 257 Martin [illegible] Do - 1.00 Robert Robertson Do - 1.25 James [illegible] Do - 2.00 P.S.[?] Turley - 1.00 Benjamin Siler Do desperate - 9.73 Jordan[?] Little desperate - 1.50 John [illegible] Do - 2.00 Evan Baker Do - 13.00 John Wiger Do - 2.75 Charles Davis Do - 75 John Lankford Do - 5.96 Allen Andes Do - 2.00 James Weeks Do - 5.81 ¼ Jacob Walles[?] Do - 3.37 ½ Isaac Curry Do - 1.75 Samuel Lankford Do - 50 Margaret Shaw - 1.87 ½ Peter F. Warren - 1.75 James Townly[?] - 75 John Lilly[?] - 1.00 James F. Wallis - 62 ½ Benjamin Weeks - 37 ½ [illegible] Hamilton desperate - 1.00 Andrew J Cox - 50 John McGraw[?] Doubtful - 25.00 Gideon[?] Edward - 25

We do hereby certify the foregoing[?] to be a full and perfect inventory of the real and personal Estate together with the money on hand, note, and accounts of Daniel Davis, dec’d, so far as the same has come to our sight and knowledge, given under our hands, this 31st day of August AD 1848.

Isham Davis William F. Tull Executors

September 4th 1848 On this day the following appraisement was filed examined and approved and is hereby ordered to record David Evoy, F.J.P.

An appraisement bill of the goods and chattles of Daniel Davis deceased this 31st of August AD 1848 One waggon - $25.00 One piece[?] of charcoal - 2.45 One set of blacksmith tools - 35.00 [illegible] plank - 4.00 stretchers, sieve[?], shovel, wedge, and hoop [illegible] - 2.40 300 [illegible] of oats - 30.00 80 Bushels of wheat - 20.00 one two horse waggon and [illegible] and old [two illegible words] - 40.00 A lot of old cows in the milk [?] - 40.00 2 scythes and cradles, one [illegible] hook, and bush scythe - 5.00 3 saddles, one pair of gears, 3 [illegible] teeth, bridles, and one pair of Martingales - 13.00 one little wheel, saddle bags, half bushel, stand - 3.00 Household and kitchen furniture and clock - 50.00 Wool Rolls and big wheel - 6.50 Saw, auger, chisels and square fat stand and [illegible] stand - 2.50 one pair of sled runners - .75 20 fatning hogs - 55.00 30 stock hogs - 30.00 A lot of plows and cl[illegible] - 7.00 One black mare - 45.00 One [illegible] horse - 30.00 One bay filly - 40.00 One bay horse colt - 30.00 One half of a wheat [illegible] - 6.00 one grindstone, 2 axes, 3 [illegible] 3.00 22 head of sheep - 22.00 11 cows and calves - 37.00 11 two year old heifers - 38.00 23 yearlings, 21 of them heifer and 2 steer - 115.00 4 hogshead and a spade, [illegible] - 4.00 one [illegible] 1.30 35 head of geece[?] 7.00

We certify that the foregoing is a true and correct appraisement bill of the goods and chattles of Daniel Davis, deceased the 31st day of August, 1848.

[Illegible] Alfred Wallis Davis [Illegible] Appraisers

Probate Court October 3rd 1848 On this day the following sale bill was filed, examined, and approved and is hereby ordered to record. David Evoy, F.J.P. A Bill of sale of personal Estate of Davis deceased September 30th 1848 John Walden to one large Waggon $27.25 Joel Reynolds, Crier[?], J.S. Turley, Clerk

On this 4th day of June 1849, came Isam Davis and William F. Tull, executors of Daniel Davis, deceased, and made the following settlement to wit

Amount payable to Executor’s Sale bill Amount of Inventory recorded by them For sale of [illegible]

27.25 36.0

63.85 65.00

128.85 1.60

Amount of credit to executors - 5[?] I[illegible] - $.5 Hannah Davis - $2.00 [illegible] [illegible]ck - .50 David Evoy - probate fees - 11.25 Isham Davis - [illegible] allow[?] - 18.80 Hannah Davis - widow - 8.62 William Hyland - coffin - 5.00 [illegible] Cox - [illegible] for medicine - 4.00 David M. Robinson - [illegible] case - 1.08 [illegible] feeds - 2.00 W.F. Johnston - [illegible] and interest - 5.05 Isam Davis - executor for extra [illegible] - 10.93 ¾ William Tull - makes no charge Isham Davis - Executor [illegible] on 115$ - 6.90 Edward Evoy - probate fees - 2.12 William Baker - note - 52.00 Peter Fleming - Payee [?] - 10.63 J.R. Steward - Payee [?] - 2.00

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