Samuel Davis probate file #382
Madison County Alabama Records Center
Samuel Davis will
dated 28 Jan. 1834; not recorded
transcribed Aug. 2007 by D. Powell [paragraphs added for ease of reading]
In the name of God Amen. I Samuel Davis of Madison County and State of Alabama do make and declair this my Last Will and Testement in manner and form following;
First I resign my soul unto the hands of Almighty God hopeing and believing in a remission of Sins by the merits and mediation of Jesus Christ; and my body I commit to the Earth to be buried at the discretion of my Executor herein after named – and my worldly Estate I Give and devise as follows –
In the first place after the payment of my Debts and funeral expenses I give and devise to my wife Ginny Davis all my Dwelling houses and the tenements belonging thereto to live in and occupy as her own during her lifetime likewise my servants Jim – and Ann & her heirs (Negroes) to wait on her and my Best horse & gear and two cows and calves and all the household and Kitchen furniture and as much Land as my Executors thinks the servants can cultivate & tend for her Benefit all to her during her lifetime –
In the 2nd place I Give to my Daughter Hannah Criswell $300
In the 3rd place I Give my Daughter Polly Walker $300
In the 4th place I Give to Polly Davis wife of my son John Davis and their heirs $200
In the 5th place I Give to my son William Davis $200
In the 6th place I Give to John Walker husband to my son Samuel Davis dec'd wife $50 and his note of hand in my possession clair of all expenses
In order to enable my executors to raise the above sums of money I hereby impower them to sell at public vandue after my Death the Negro woman Beck and Negro Boy Lewis and all my perishable property except the horse & 2 cows & calves left to my wife
In the 7th place I give and bequeath to my sons William Davis and James N. Davis all my Land and to be equally divided between them after my wife's Death and in case they cannot agree the court to decree persons to make the divide
I hereby authorize and impower and direct my said executors after my decease to rent out all my Claird [cleared?] land not reserved for the use of my wife and the money to be put to Interest – and all other monies received by my executors to put out likewise in case not paid out agreeable to my will –
and after my wife's death I hereby impower my said Executor to sell at public vandue my Negro man Jim Ann and her child (or children as may be) and all other property left for her use and the money arising from the sale thereof and all other monies that my executors may receive in way or for rent & I wish & request to be equally divided between the following legatees first my son Robert Davis Hannah Creswell Polly Walker Polly Davis & her heirs – William Davis James N. Davis and John M. Davis my grandson which I give to them their heirs executors and assigns for ever
And lastly I do hereby constitute and appoint my two sons William Davis and James N. Davis executors of this my Last will and Testament revoking all other or former Wills or Testaments by me heretofore made
In witness whereof I have here unto set my hand and affixed my seal this 28th day of January 1834
Samuel Davis (seal) [his signature]
Signed sealed published and
declared as and for the last
Will and Testament of the
above named Sam'l Davis in
presence of us and acknowledged
Jno Augell [his signature]
John Williams [his signature]
David Hill [his signature]
Note: the probate file contained a second copy of this will, written in a different script. It appeared to be a copy as the signatures of Samuel and the witnesses were not original