Last Will and Testament of John Davis
Original will {page 1} {page 2} {page 3} {page 4} {page 5}

Be it remembered that at a county Court Began and held for Todd 
County at the court  house in Elkton in the State of Kentucky on 
Monday the 8th day of May in the year Eighteen hundred and twenty 
six

The Last will and testament of John Davis decd was this day 
produced in open court by John Pendleton the executor therein 
named and proven by the oaths of George Fristoe and William 
Burgess subscribing witnesses thereto and ordered to be recorded and 
on motion of the said John Pendleton executor therein named who 
made oath thereto according to law certificate of probate is granted 
him for obtaining Letters Testamentary on the estate of the said John 
Davis in due form of law upon the said John Pendleton entering into 
bond in the penalty of three thousand dollars conditioned according 
to law whereupon the said John Pendleton together with John S. 
Anderson and James Kay his securities entered into and 
acknowledged bond in the penalty of three thousand dollars 
conditioned according to law.

In the name of God Amen.

I John Davis of the county of Todd & State of Kentucky do make 
and ordain this my last will and testament in the manner & form 
following to wit

1st I desire that my funeral expenses & just debts be first paid out of 
the monies due me if they be sufficient if not then to make sale of 
such property as my wife can best spare & which will sell to the best 
advantage. 

2nd I give to my daughter Sarah Ann one Negro girl named Diana & 
her future increase to her heirs forever.

3rd.  I give to my daughter Mary Elizabeth one Negro girl named 
Hannah provided said girl recovers of the sickness which she now 
labours under but if she should not recover then it is my wish that she 
should have the boy named Tom or some other one  as my wife might 
select to belong to her & her heirs forever.

4th  After the distribution & legacies above mentioned it is my will & 
desire that my beloved wife Mary retain all the balance of my estate 
both real & personal to be used by her for her support and 
maintenance of herself during her natural life & also for the support 
& education of my daughter Mary Elizabeth so long as she may 
continue a  minor or until she marry.

5th.  At the decease of my widdow [sic] it is my will & desire that all 
my estate both real & personal be equally divided between my two 
daughters Sarah Ann & Mary Elizabeth to descend to them & their 
heirs forever.

Lastly I appoint my friend John Pendleton executor of this my last 
will & testament hereby revoking all former will or Testaments by me 
made.

In testamony [sic] whereof I have hereunto set my hand & seal this 
15th day of March in the year of our Lord 1826.

							John Davis {Seal}
							[his mark]
Signed sealed & acknowledged
In presence of us
Benj Downer
George Fristoe
Thomas Vass
William Burgess
1826 May & proven by
George Fristoe & William Burgess 
& OK

Know all men by these presents that we John Pendleton, John S. 
Anderson, and James Kay are held and formaly bound unto the 
Commonwealth of Kentucky in the penalty sum of Three Thousand 
dollars which payment will and truly to be made we bind ourselves 
our heirs executors and administrators jointly severally and firmly by 
these presents sealed with our seals and dated this 8th day of May 
1826.  
The condition of this obligation is that if the said John Pendleton 
Executor of the last will and testament of all the goods, chattles and 
credits of John Davis Decd do make a true and perfect inventory of 
all and singular the goods, chattles and credits of the said deceased 
which have or shall come to the hands possession or knowledge of 
the said John Pendleton or into the hands or possession of any other 
person or persons for him and the same so made do exhibit into the 
county court for Todd County at such time as he shall be thereto 
required by the said court and the same goods chattles and credits do 
well and truly administer according to law and make a just and true 
account of all his actings and doings therein when thereto required by 
the said Court and further do well and truly pay and deliver all the 
legacies contained and specified in the said will as far as the said 
goods chattles and credits will extend according to the value thereof 
and as the law shall charge him then this obligation to be void or else 
to remain in full force
						John Pendleton [Seal]
						John S. Anderson [Seal]
						James Kay [Seal]

State of Kentucky
	Todd County Court Clerks Office
I Willis L. Reeves Clerk of said County Court do hereby Certify that 
the foregoing pages contain as full true and complete copy of the 
Will, Order of Court proving and directing the same to be Recorded, 
and executors Bond on the Estate of John Davis deceased as the 
same Remains of Record in my Office.  In testimony whereof I have 
hereunto set my hand and affixed my private Seal of Office this 9th 
day of May 1826 there being no public Seal yet procured for said 
Office.
						Willis L. Reeves

State of Kentucky
Todd County ___
I John Taylor presiding Magistrate of the County Court in and for the 
County aforesaid do hereby certify that Willis L. Reeves whose name 
and Signature appear to the foregoing Certificate is Clerk of said 
county court and that his said Certificate is in due form of law.
	Given under my hand 
		May 15th 1826
						/s/ John Taylor [Seal]

At a Court held for Spotsylvania County the 3rd day of July 1826
This copy of the last will and testament of John Davis decd (it 
appearing that the original will was proved and recorded in Todd 
County in the state of Kentucky) was produced in Court by Henry 
Pendleton and on his motion the said copy and the Certificate of 
Willis L. Reeves Clerk of the said County Court of Todd in the state 
of Kentucky and of John Taylor presiding magistrate of the said 
County Court of Todd are ordered to be recorded and on the motion 
of the said Henry Pendleton who made oath thereto and together with 
Benjamin Pendleton his security entered into and acknowledged a 
bond in the penalty of $4000 conditioned as the law directs 
Certificate is granted him for obtaining letters of administration on 
the estate of the said John Davis with the copy of the will aforesaid 
annexed in due form.

Teste
R. L. Stevenson, C. C.

Recorded liber L folio 395


Citation :
      Spotsylvania Original Will File

This will was transcribed for the USGenWeb Project by Barbara Bower on 25 December 1998. Any and all commercial use of this transcription is prohibited.
Return to Will Book L Index tab C & D
Return to Missing Will Book Every Name Index