John Davis Will (1857)
contributed by Becky Davis, August, 1999
I, John Davis, of the County of Marshall and State of Tennessee do make this my last Will and Testament revoking all other wills by me made at any time.
First, I desire and direct that all of my debts and funeral expenses be paid out of any money that I may designate (?) or first come into the hands of my executors.
Second, I give and bequeath to my much beloved wife Milley Davis one thousand Dollars to be paid to her by my executors so soon as my executors can make it convenient or collect it. Also, one sorrel mare, saddle, and bridle and also I give to my wife the use of my negro girl and child and their increase if any during her lifetime. And furthermore, I desire that my wife have in lieu of the one thousand Dollars if she sees proper the use of my farm except the place on which Milborn Davis now lives. Also, as much of the stock and the household and kitchen furniture as she may chose (sic) to keep.
Third, I give to my Daughter C. (? )Glenn during her lifetime a certain portion of my land on which Milborn Davis now lives consisting of about forty three acres and at her death to be sold and equally divided between all of my heirs with the exception herein after mentioned.
Fourth, I desire and direct that all of my personal property be sold on a credit of twelve months and the (proceeds?) of the same go to the payments of my debts. Further, I desire and direct that my lands be sold on a credit of one and two years with the exception of that portion left the use of to my daughter, Mrs. Glenn, at my death if my wife sees proper to take One Thousand dollars if not to be sold at her death and the proceeds be equally divided between all of my lawful heirs with the exception of my son William R. Davis who must account to the balance of my heirs for five hundred Dollars who has received that amount heretofore. Moreover, I desire and direct that my negro woman and child and their increase if any with personal property be sold by my executors on a credit of 12 months and the proceeds of the same be equally divided between my heirs. Sale and division to take place at the death of my much beloved Milley Davis, my son Wm. R. Davis, accounting to the balance of heirs for the five hundred Dollars or so much as remains unpaid.
Fifth, I hereby nominate and appoint my two sons John S. Davis and Willis G. Davis my lawfull (sic) executors in witness whereof I subscribe my name on the 17th of June 1857.
John Davis (seal)
Signed seal and delivered in our Presence and we ask to become
Subscribing witnesses on (?) at it Bears date.
Hum(?) N. Cowden}
Peter C. Scales } Jurat 3 August 1857
S. Meadows }
State of Tennessee}
Marshall County }
County court August term 1857 Personally appeared here in open court Peter C. Scales and S. Meadows subscribing witness to the within will and who after being duly qualified depose and say that they were acquainted with John Davis, the within testator and that he acknowledged in their presence on the day the within will bears date that he executed the same for the purposes therein contained.
Witness my hand at Office August 3rd, 1857
S. Tally, esq.