Monday, June 28, 2010

Amanuensis Monday: The Will of James Davis 1865 Pulaski Co., Kentucky

About Amanuensis Monday: John Newmark, who writes the TransylvanianDutch blog started a Monday Blog Theme called "Amanuensis Monday". John defines "amanuensis" as "a person employed to write what another dictates or to copy what has been written by another."

~James Davis 1796 - 1865~

James and Achsah Jackson Davis were the paternal great grandparents of Sarah Frances Davis Wallen, my paternal great grandmother.

Will of James Davis:

Know all men by these presents that I, James Davis, of the County of Pulaski and State of Kentucky, being of sound mind but in bad health and viewing the uncertainty of life, have made this my last will and testament. In the first place I will my soul to the Lord Who gave it me and my body to be decently buried in it's Mother, Earth. 

2d  It is my will that my Executor, herein after named, shall proceed to collect my debts due me and, as soon as can be done, pay off all my own debts and satisfy all the claims that justly come against my estate. 

3d  It is my will that my wife, Achsah Davis, have my farm and all my property, real and personal, of every description, that may be left after the payment of my debts, for her support during her natural life and that she has the entire controll and management of the same and, if circumstances should ever require it for her well doing, she may sell and convey the land and manage the whole matter as may best suit her judgment.

4th  It is my will that after the death of my wife, Achsah Davis, that all and every species of property left by her shall be sold and the money collected by my Executors and distributed in following manner:

1st  That Joseph Alexander Davis, son of my daughter Sarah Ann Roe, have two hundred and fifty dollars given to him. 

2d  That Achsah Pain Davis, daughter of my son John Davis, have fifty dollars given her whenever she becomes of age.

3d  That Sarah Melvina Hamlin, daughter of Darkey Hamlin, have two hundred and fifty dollars paid her when she shall be come of age.

4th  That Leander Sizemore, son of Furney Davis have twenty-five dollars given him when he becomes of age.

5th  That Thomas Hoskins, son of Furney Davis, have twenty-five dollars given him when he shall become of age.

6th That my Grand children by my daughter, Frances Burnet, have fifty dollars each paid to them as soon as they become of age.

*8th  And that after paying out the above sum of money, all that be left of my estate to be paid to my grand son, James R. C. Lathum, whenever he becomes of age. Now it is my will that if any of the above named grand children should die before they shall become of age that their part as above mentioned shall be equally divided among the brothers and sisters of said legatee. Now, be it known that it has been my object to make an equal division of my worldly effects among all my children and those not mentioned in this my last will and testament have all had their parts given them heretofore. And, lastly, it is my will that my good friends I. S. Evans and D. O. Gibson be appointed my Executors in witness whereoff I have hereunto set my hand and seal, this the 5th day of December 1864.
Thomas Head
Wiley Cash
Lafayette Sproul

James Davis (seal)

Back of last page:

James Davis
Last Will
1865 February 28th
Proven by the oaths of
Wiley Cash and
Layfayette Sproul, two
of the subscribing witnesses
to said will release to record
Att E. D. Perch Clk
Recorded in Book
No 6 Page 394

*[There was no number 7 in this Will.]

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