Will of SUMNER DAVIS-1898
Warren County, North Carolina
Will Book 51, Pg. 509
Sumner Davis, b. 1832, sometimes called Solomon Davis, was the son of Theodore "Trip" Davis & Easter Davis, all former slaves who lived in Fishing Creek Township, Warren Co.
(Transcribed by Deloris Williams)
In the name of God, Amen; Know all men by these presents, that I, SUMNER DAVIS, of the County of Warren and State of North Carolina, at this time of sound mind and clear memory to arrange my worldly affairs, do make this instrument of writing to be & contain my last will and testament, in manner & form as follows-
1st I give to my wife MARY twenty-five acres of land to contain the House during her life, at her death I give same to my grandson EDDIE GREEN.
2nd I give to my grandson EDDIE GREEN the residue of my land which by survey will be forty nine acres.
3rd If EDDIE GREEN should die without any Heirs, I give all of the Seventy-four acres of land, which will be his at my wifes death, equally between my brothers JAMES T. DAVIS THOM DAVIS and JERRY DAVIS if any or all of them should be dead to their legal Heirs at law.
4th I give to my wife MARY one third of all of my personal property of every description.
5th I give to my grandson EDDIE GREEN two thirds of all of my personal property of every description.
6th I want all of my finest debts to be paid out of my personal property before this division in Sections 4 and 5.
7th I hereby appoint my brother JAMES T. DAVIS executor of this my last will and testament.
Witness my hand and seal this 14th day of July A.D. 1898.
SUMNER DAVIS (X his mark)
M. T. DUKE
S. R. DUKE
North Carolina, Warren County
In the Superior Court, Before Wm. A. White, Clerk
In the matter of the will of S. DAVIS, deceased
A paper writing purporting to be the last will and testament of SUMNER DAVIS, deceased, is exhibited before me for probate by JAMES T. DAVIS, the executor named therein, and the due execution thereof by the said SUMMER DAVIS is proved by the oat and examination of M. T. DUKE and S. R. DUKE, subscribing witnesses thereto, who being duly sworn, depose and say, that they are subscribing witnesses to the paper writing shown them, purporting to be the last will and testament of SUMMER DAVIS, deceased that the said SUMMER DAVIS, the testator aforesaid, did at the time of subscribing his name as aforesaid, declare said paper-writing , so subscribed and exhibited, to be his last will and testament; and that they subscribed their names at the end of said will as attesting witnesses thereto, and at the request and in the presence of the said testator, and that the said testator when he subscribed his name to said last will and testament as aforesaid, and at the time of deponents subscribing their names as attesting witnesses thereto, as aforesaid, was of sound mind & memory, of full age to execute a will, and was not under any restraint, to their knowledge, information or belief.
And thereupon the said paper writing is adjudged, with every part thereof, to be the last will & testament.
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