Madison Co., Alabama Probate Record 10: 24
Samuel Davis will
Family History Library microfilm #1305728
transcribed by D. Powell [paragraphs added for ease of reading]
dated 8 Jan. 1842
recorded 17 Oct. 1842
I Samuel Davis of the county of Madison in the state of Alabama being of sound mind and memory blessed be to Almighty God for the same, do make publish and declare this my last will and testament revoking all former wills by me made in manner and form following that is to say to wit:
First I resign my soul unto all mighty God believing in the remissions of my sins through the mediation of our blessed Lord and Savior Jesus Christ, and my body to the earth from which it came to be decently buried at the discretion of Executors herein after named, and my worldly Estate I do will and devise as follows:
First I give and bequeath to John M. Davis my Grandson being the heir of my son Nathaniel the sum of three hundred and fifty dollars.
Secondly I do give and bequeath to my son Robert Davis Four hundred dollars which I will and desire that it remain in the hands of my Executors for them to dispose of at their discretion during his life time and should my said son Robert die before the whole of the said sum of four hundred dollars be consumed by him then and in that event I desire my Executors to pay the same over to his heirs to share and share alike.
Thirdly I do give and bequeath to the heirs of my daughter Hanna Cresswell three hundred dollars.
Fourthly, I do give and bequeath to my daughter, Mary Walker three hundred and fifty dollars.
Fifthly I do give and bequeath to the heirs of my son John Davis dec'd an equal share of my said estate hereinafter named to be more particularly named.
Sixthly, I give and bequeath to my son William Davis two hundred and fifty dollars.
Now, having set apart the foregoing sums, to set the shares to each as near equal in my estimation as necessary, I now give and bequeath the balance of my said estate as follows:
I do give and devise to the Mount Parron Congregation a certain lot or parcel of land being in the county of aforesaid including the camp ground aforesaid, Beginning at the north line of the fence thence south until it strikes my south line, with the privledge of the water, the other lines to run so as to include the camp ground, supposed to contain six acres, be the same more or less,
And I further give and bequeath the remainder of my estate to my several children as follows that is to say to the heir of my son Nathaniel Davis deceased and to my son Robert Davis nothing more than what is already set a part to them in the foregoing part of this my last will and testament,
To the heirs of my daughter Hanna Cresswell deceased and to my daughter Mary Walker, and to the heirs of my son John Davis deceased and to my son William Davis and also to my son James N. Davis an equal portion of all my Estate of whatsoever nature as the same may be at my death, share and share alike between them the said heirs of Hanna Cresswell, Mary Walker, William Davis, the heirs of John Davis dec'd, and James N Davis. The above division to the heirs after a sale of all my effects and after first paying of all my just debts and funeral expenses. I further request that my negro woman Ann and her two younger children be sold together.
And I do hereby appoint my friend Joseph Rice and my son William Davis my Executors of this my last will and testament and I do further request that if any differences or dispute should arise that it be left to them and my beloved Brother in the Lord Madison Anderson so that no suit be brought in law or equity but that their word shall be final in all matters considering this my last will and testament. In testimony of which I have hereunto set my hand and affixed my seal this 8th day of January in the year of our Lord one thousand eight hundred and forty two.
Signed sealed published and declared by the Samuel Davis
Testator as being his last will and testament
in the presence of us who have hereunto
subscribed our names as witnesses to the
at his request.
Madison Anderson (signature)
Samuel Seaton (signature)
Orphans Court October 17th, 1842
The last will and testament of Samuel Davis dec'd having the day above proven
by the oath of Samuel Seaton one of the subscribing witnesses thereunto it
is ordered to be recorded