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Jane James Davis - Last Will and Testament

Privacy Level: Open (White)
Date: 1834 to 1835
Location: Smyth County, Virginia, United Statesmap
Surname/tag: Davis
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Smyth County, Virginia Film 8090, Pt. 1, Will Bk. A, pg. 30 I, James Davis, of the County of Smyth, being weak in body but of sound mind, knowing the uncertainty of human life and that it is appointed unto man once to die, and having a desire to make such arrangements with my temporary affairs as to me it seemeth most just and equitable, do hereby make my last will & Testament in the manner and form following (that is to say) First, I desire that my perishable property, with the exception of my negros and what other property hereafter mentioned & devised, be immediately sold after my decease, and out of the moneys arising therefrom, all my just debts and funeral expenses [be paid]. I give to my wife, Levisa, one third part of my real estate, three negros, (to wit) Will, Clara. Vina, & Vina's two children, and one third part of my household & kitchen furniture, and should the above devise not be equal to one third of my real and personal estate, it is then directed that the lackage be supplied in horses and cattle, or other perishable property, negros excepted, so that she receive one third of my real and personal estate, all of which she is to have during her natural life; and all, except the land and negros, to be disposed of at her death amongst her daughters as she may think best. And it is furthermore directed that the negroes to her devised are to remain within the County & after her decease, it is my desire that Will & Clara be my son Benjamin Franklins, and that he support them after [th]ey become old & infirm, & that I give in like manner to my son Franklin, Vina and all her increase. Thirdly (There is no second), I give to my son in law, Ephraim Ward, for his services as my family physician, the sum of fifty dollars in cash, after the money arising from the sale of my perishable property shall have been collected, he having heretofore received from me what I considered an equal proportion of my estate. Forthly, I give to my son, Thomas Jefferson, two negro boys (vis) Silvester & Wayman, and my sorrel poney [sic] & two hundred and fifty dollars in cash (the cash to be paid out of the moneys arising from the sale of my perishable property if sufficient, & if not, to be paid by my son, Benjamin Franklin, in part consideration of certain negros herein after directed, then all of which to be his & his heirs forever. Sixthly, I give to my daughter, Rhoda, one negro girl, Money, which she now has in her possession, to be hers & her heirs forever. Seventh, I give to my daughter, Eliza, the sume [sic] of Seven Hundred Dollars to be paid to her by my son, Benjamin Franklin, in manner and form - by Three hund & fifty dollars to be paid immediately after my decease, in TnTHT!, which payment may be in part one horse worth seventy five dollars, the balance of the three hundred & fifty dollars to be paid immediately after the death of their mother. I also give her one sixth part of my household & kitchen furniture. I also give her one side saddle, now in her possession, to be hers & her heirs forever. Eighthly - I give to my daughter, Polly, the like sume [sic] of Seven hundred dollars to be paid her by my son, Benjamin Franklin, in like manner as the devise to my daughter, Eliza. I also give her one sixth part of my household & kitchen furniture, all to be her & her heirs forever. Ninthly - I give to my daughter, Jane, three negros (viz) Seally & her two children (Nancy & John, and any increas [sic] that the said Sealy & Nancy may hereafter have. I also give her one hundred Dollars to be paid by my son, Benjamin Franklin, immediately after my decease. I also give her all the overpluss [sic] of moneys arising from the sale of my perishable property not herein before devised, to be hers & her heirs forever. Tenthly - I give to my grandson, James Franklin Ward, my saddle to be his & his heirs forever. Eleventh and lastly - I do hereby constitute and appoint my two sons, Thomas Jefferson and Benjamin Franklin, Executors of this my last Will and Testament, hereby revoking all other or former will or testaments by me heretofore made, in witness whereof I have hereunto set my hand and affixed my seal this 21st day of December in the Year of Our Lord one thousand Eight hundred & thirty four.

Signed, sealed, published and declaired by James as and for his last will and Testament in the presence and in hearing of us, who at his request and in his presence have subscribed our names as witnesses.

James Davis (Seal) Joseph W. Davis Ranson Tilson Martin Davis Rufus M. Williams Proved in court 19 May 1835.





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