Franklin County Wills:

 

 

Archibald Davis, 11 Aug 1854
 
Will: Archibald H. Davis, 11 Aug 1854, Franklin Co., NC
[Franklin Co., NC, Will Book O, p. 350. Copy received from North Carolina 
State Archives.]
 
In the name of God, Amen
 
I, Archibald H. Davis of the County of Franklin & State of North Carolina, do 
make This my last will and Testament as follows.
 
 
Item 1st I lend to my wife during her widowhood [sic] and no longer, The 
whole of The tract of land whereon I now reside and all my household, Kitchen 
& Dairy furniture, the family carriage & Horses and Such of the House servants 
as she may select to wait on herself & family.
 
2d I give to my wife to be her's [sic] absolutely The sum of Five Thousand 
dollars in cash and a child's portion of all my slaves -- her choice at 
valuation, to be delivered to her by my Executors whenever she applies for the 
same.
 
3d That my children may receive the maternal care of their mother, I desire 
that the balance of my estate be kept together, that is to say, in common 
stock and my wife and children supported in common from the proceeds of the 
same and all necessary expenses paid without keeping separate accounts against 
any, until as my children arrive at the age of twenty one years or marry, at 
which time they may have their respective shares divided to them as here-in 
after provided.
 
4th If my wife shall give up the possession of the tract of land loaned to her 
in the first Item of This will at any time, to effect, more perfectly, a 
division between my sons, as is hereinafter provided, it is my will & desire 
That she shall have and I do hereby give her a liberal and comfortable support 
for one year, out of the crop, stock & provisions on hand, and if there shall 
not be enough of these, the deficiency is to be assessed in money, to be laid 
off to her by any three freeholders whom my Executors shall choose.
 
Item 5th I give and bequeath to my Sons and their heirs and assigns forever 
the whole of my real or landed estate, to be equally divided between them, 
share & share alike, by my Executors, when they arrive at the age of Twenty 
one years, respectively.
 
6th I give to each of my daughters, the sum of Five Thousand dollars to make 
them equal to my sons in the division of my landed estate.
 
7th The residue of my estate, of every kind whatever I give to all my children 
share and share alike, and if either of my children shall die before they 
arrive at the age of twenty one years and leave no child or children, then and 
in that case the property hereby given to such child or children shall revert 
to and go to his or her surviving brothers & sisters and to the children of a 
deceased brother or sister, such children to received the part only, that 
their deceased parent would be entitled to, were he or she then alive.
 
8th When a division of my estate is to take place between either of the 
parties named in this will, I do hereby empower and direct my Executors to 
divide the same, giving them the power to call to their aid, one, two or three 
freeholders to assist them in performing the same, and any one or more of my 
children who shall begin a suit at law to recover a larger portion of my 
estate than my executors think them entitled to, shall be forever barred from 
receiving any portion thereof, whatever.
 
9th I give my Executors full and ample power to purchase such slaves, as in 
their judgment will be to the interest of my estate and to sell such as my be 
refractory or unmanageable, either at public auction or at private sale, as 
they may think best, also to purchase stock in any Factory, for the benefit of 
my estate and to lend to the State of North Carolina or The United States any 
funds belonging thereto.
 
Item 10th My advice (not command) to my Executors is to hire out such hands, 
only as will not be useful on my farms and that the farms be kept in 
successful operation. And I particularly enjoin it on my Executors to see that 
my faithful old man "Job" is at all times comfortably provided for and kindly 
treated.
 
11th I do hereby nominate and appoint my friends, Whitmell H. A. Kearney of 
the County of Warren and N. B. Massenburg of the County of Franklin my 
Executors to carry into effect this my last will and Testament and every part 
& clause thereof, hereby revoking and declaring utterly void all other wills & 
Testaments by me heretofore made.
 
In Testimony whereof I the said Archibald H. Davis have hereunto set my hand 
and seal this the 11 day of August AD 1854.
 
A. H. Davis {seal}
 
Signed, sealed, published and declared
to be the last will & Testament of
Archibald H. Davis, and in his presence
and at his request we subscribe our
names as witnesses to the same:
"to divide the same" was interlined
in the 8th Item before this will was
signed.
 
Joshua Jones (Jurat)
A. [C ? or E ?] Massenburg Jurat