The Last Will and Testament of David Rogers Davis

The Last Will and Testament of David Rogers Davis

 

Madison Co NY Wills Vol. EX page 186

David Davis of DeRuyter
probated: 20 Dec 1827

In the fear of God amen, I david Davis of the Town of De Ruyter, county of Madison, in the State of New York being of sound mind and memory (thanks be to God therefor) and being sensible of the mortality of my body, do make and ordain this my last will and testament, that is to say.

First, I give and commit my soul to the God of Heaven and Earth who gave it and my body I recommend to the Earth to be buried 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 a touching such earthly estate as it hath plesed the Lord to bless me with in this life, I give and bequeath in the following manner after my just debts and funeral charges are paid (viz)

Item 1, I give and bequeath to my beloved wife Anna all my home farm in the town DeRuyter with all the appurtenances thereof to have hold and occupy so long as she remains my widow. Also I give to the said Anna all my farming utensils (except such as hereafter in this will as otherwise disposed of) and likewise I give her the said Anna all my live stock with the same exception as above these tools and stock are for her use and benefit, whilst she occupies the said farm, and she is to have on the said farm about the same value of the same to go to the heirs of the said farm to each one in the same proportion as they receive of the land. I also give to the said Anna all my household furniture (except such as shall be otherwise disposed of in this will) to her own proper use and benefit forever.

Item 2. I give and bequeath to my daughter Ruth Maxson the use and occupancy of my farm in the town of Scio in Allegany county and state of New York during her natural life after her decease to go to her heirs born of her body, to them to theirheirs and assigns forever. Also I give to the said Ruth three black chairs and a note which I hold against her husband John Maxson amounting to about thirty dollars.

Item 3 I give and bequeath to Elizabeth, widow and to the children of my son David Davis deceased one half of a twenty five dollar note I hold against John Maxson my son in law.

Item 4 I give and bequeath to my daughter Abigail Cartright the other half of the twenty five dollar note I hold against my son in law John Maxson, also I give to the said Abigail one pewter platter, four pewter plates and three old pewter basins.

Item 5 I give and bequeath to my son William Davis a note which I hold against him for the sum of twenty five dollars, also a pair of oxen which belonged to me and which he took of John Maxson on my account some time since.

Item 6 I give and bequeathto my daughter Lydia Green one feather bed and full set of furniture thereto belonging.

Item 7 Igive and bequeath to my daughter Hannah Cartright one feathe rbed and a full set of furniture thereto belonging, also one woollen wheel and use and my great arm chair, also I give and bequeath to her son and my grandson Cyrus Cartright one old watch and my great bible and Brown's concordance.

Item 8th I give and bequeath to my daughter Lyllis Johnson one chaldron kettle.

Item 9th I give and bequeath to my son Silas Davis a wood cloured fanning mill.

Item 10th I give and bequeath to my son Joshua Davis all of my wearing apparel and one three year old bull, also one chaldron kettle after my wife Anna natural death.

Item 11th I give and bequeath my gun to David R. M. Davis my grandson.

Item 12th I give and bequeath to Mary Maria Freeman for her kindness and good conduct to me one red bureau, one small stand table and one red chest.

Item 13th All my personal property, not already herein disposed of I give and bequeath to wife Anna ordering her to pay all just debts that I may owe, my funeral charges, expenses of settling the estate.

Item 14th. All my real estate which I have given to my wife Anna when her claims shall have expired according to the intent and meaning of this instrument, that is when she ceases to be my widow, I give and bequeath as follow (viz)
to Joshua Davis my son, and my daughter Lyllis Johnson I give and bequeath one fourth part to each of them and their heirs and assigns forever. To my sons William Davis and Sials Davis and to Lydia Green my daughter I give and equeath to each of them one eighth part theereof to theim their heirs and assigns forever. Also I give and bequeath one eighth of the farm given to my wife Anna to my grandchildren, the children of my daughter Hannah Cartright to share equally to them, theirheirs and assigns forever.

I do hereby constitute and appoint my son Joshua Davis and my wife Anna Executor and Executrix of this my last will and testament and I do hereby revoke and disannul all former wills and testaments which have been by me made and do ordain this my last will and testament in witness whereof I haveherteo set my hand and seal this 26th day of November in the year of our Lord 1827.

David Davis (LS)

witnesses:
Alpheus M. Green, Phineas Burdick, Bryant Cartright.

(No corrections to the original document have been made)