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State of North Carolina
Tyrrell County
Book 1, page 174
Dated 13 May 1790
In the name of God amen: The thirteenth day of May one thousand seven hundred and ninety I James Davenport Senr. of the State of North Carolina and County of Tyrrell being sick and weak in body but of perfect mind and memory thanks be given unto God, therefore calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament, that is to say principally and first of all I give and recommend my soul into the hands of God that gave it and my body I recommend it to the Earth to be buried in a Christian like and decent manner at the discretion of my Executors, nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it hath pleased Almighty God to bless me with in this life I give divise and dispose of the same in the following manner and form.
Imprimis - It is my Will and I do order that in the first place all my just debts and funeral charges be satisfied and paid.
Item - I give and bequeath unto my beloved wife Johannah Davenport, the use and occupation of my house orchard and Plantation, that is one third part of the Plantation where the house and orchard is during her natural life.
Item - I give and bequeath unto my beloved daughter Luranah Davenport one shilling sterling
Item - I give and bequeath unto my beloved son Elkanah Davenport son James Davenport one cow and calf.
Item - I give and bequeath unto my beloved son Frederick Davenport one shilling Sterling.
Item - I give and bequeath unto my beloved son Moses Davenport my Plantation whereon I now live and all my land belonging or appertaining to the same to him his heirs and assigns forever.
Item - I give and bequeath unto my beloved son Isaiah Davenport one negroe man named Peter to him his heirs and assigns forever.
Item - I give and bequeath unto my beloved daughter, Ann Davenport, one yearling mare.
Item - I give and bequeath unto my beloved wife Johannah Davenport, Leah Davenport my daughter Ann Davenport and Uriah Davenport my beloved son the remaining part of my Estate consisting of one negroe woman named Lynda moveables, horses hogs cattle and sheep to be equally divided between them, Johannah Davenport my wife, Leah Davenport my daughter and Uriah Davenport my son.
Item - I make and ordain Frederick Davenport, my beloved son with John Norman my beloved friend my whole and sole Executors of this my last Will and Testament, and I do hereby utterly disallow revoke and disannull all and every other former Testament, Wills Legacies and Executors by me in any wise before this time named with and bequeathed ratifying and confirming this and no other to be my last will and Testament. In Witness whereof I hereunto have set my hand and seal the day and year above written.
Signed Sealed Published Pronounced
and delivered by the said James Davenport
as his last Will and Testament in the presence of us.
James Devenport (Seal)
Joseph (his mark) Davenport
Elizabeth (her mark) Norman
J. Phelps
Tyrrell County July Term 1790
Personally appeared Joseph Phelps Esqr. in court and made oath on the Holy Evangelists of Almighty God that he saw and
heard James Davenport within named, sign, seal, publish, pronounce & declare the within instrument of writing to be his last
will and testament and at that time he was of sound, disposing mind & memory and at the same time he saw Joseph Davenport Senr.
and Elizabeth Norman, subscribing witnesses make their marks thereunto and further saith not.
Test. Mackey CSCt
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1791
Ordered that Frederick Davenport be appointed guardian to Isaiah Davenport & Uriah Davenport orphans of James Davenport Senr. and give bond 100 pounds Levi Rowe security.
On motion the petition of Frederick & Moses Davenport, ordered that Joseph Phelps, Simion Spruill Esqr. Henry Norman, Charles Spruill, & John Ansley make partition agreeable to the prayer of the petitioners of the lands of James Davenport Junr. deceased between the said Frederick & Moses Davenport and James Davenport son of Elkanah whom Levi Rowe is guardian to, & Isaiah & Uriah Davenport sons of James Davenport Senr. deceased to whom the aforesaid Frederick Davenport is guardian to and make return to the next court.
July Session 1793
Joanna Davenport widow of James Davenport Senr. deceased exhibits into court an account for maintaining Isaiah & Uriah Davenport orphans of the said James Davenport deceased for the term of one year to wit from July Court 1792 to this present term July 1793 to the amount of 12 pounds & allowed by the court to be paid by the executor of the said deceased out of the respective shares of each child as per her account filed.
April Session 1803
Ordered that Richard Wood Charles Spruill and Benjamin Spruill Esqr. or a majority of them reaudite the accounts between the heirs of James Davenport Senr. deceased and the executors and make return to next court.
January Session 1804
Ordered that Charles Spruill Benjn. Spruill & Richard Wood or any two of them be appointed to audite and settle the accounts between the heirs of Jas. Devenport deceased and Frederick Devenport and make return to next court.
April Session 1806
Frederick Davenport returned in court the audited accounts and division of the estate of James Davenport Senr. deceased which is filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.16), Box 16
Davenport, James Senr., 1791
Bond dated 27 Oct 1791 in the amount of one hundred pounds appointing Frederick Davenport guardian to Isaiah & Uriah Davenport orphans of James Davenport Senr. deceased, Levi Rowe security.
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