Wills of the Davis Family
The following four Davis Family wills were graciously contributed by Elizabeth Perkins.
Will of Jacob DAVIS of Manheim
State of New York Herkimer County Town of Manheim
In the name of God Amen. I, JACOB DAVIS of the town of Manheim now in my sixty seventh year of age, I now make and publish this my last will and testament in manner following.
To wit: First of all the property real and personal I give and bequeath to my wife MARY to hold and to have as long as she remain my widow and after her death or if she should get married in this life then her right shall cease as to said property, then I give and bequeath to my son ROBERT J. DAVIS all piece and parcel of land called the "Becker " farm and the strip in such so called with the buildings there on to his heirs and assigns.
Also I give and bequeath to my son JOHN PETER DAVIS sixty two acres of land called, "the old farm" and then I give and bequeath to my two sons ROBERT & JOHN PETER the forty acres of land being east of said road which they are to have and to hold together and when they divide the said forty acres of land ROBERT is to have the south half and JOHN PETER the north half.
Also I give and bequeath to my daughter CATHERINE, now the wife of Abraham Hayes, four hundred dollars to be paid out of my real estate in manner following, one hundred dollars five years after my death and one hundred dollars each and every year there after until it shall be paid and further give to said CATHERINE all my wifes wearing apparel and one third of said bedding, except two beds and bedding to be and remain at the said house for ROBERT and JOHN PETER.
And I do futher give and devise bequeath that my two sons ROBERT and JOHN PETER shall live and remain together on said farm until all the debts and the four hundred dollars are paid to said CATHERINE, and then ROBERT shall help JOHN PETER to build a comfortable dwelling house on JOHN PETER'S cut of said land.
Also I give and bequeath unto ROBERT and JOHN PETER my two sons all personal property of what name and nature which by them to be used and I further order that neither of the two sons shall sell or dispose of may property real or personal without the consent of the other and when all debts are paid then they may divide the personal property equally between them.
And I do hereby constitute and appoint my said wife, MARY DAVIS, sole executor of this my last will and testament. In witness were of I have here unto set my hand and seal this twenty second day of January, one thousand eight-hundred and forty five.
The above instrument consists of in hand was now here subscribed by JACOB DAVIS, the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our named hereto as attesting witnesses. January 22, 1845 signed: DANIEL HAYES Manheim, Herkimer County JAMES BOYER Manheim, Herkimer County PETER BOYER Manheim, Herkimer County pg. 159-160
Will of Joseph DAVIS of Manheim
In the name of God Amen. I, JOSEPH DAVIS of the town of Manheim in the county of Herkimer and state of New York, of the age of sixty four years and being of sound mind and memory do make, publish and declare this my last Will & Testament in manner following that is to say:
1st. I give and devise to my son JOSEPH DAVIS all my real estate being the farm upon which I now reside in the town of Manheim and all my personal property except as herein after stated to his heirs and assigns forever subject never the less to the legacies and payments herein after stated.
2nd. I give and bequeath to my wife ANNA DAVIS all my household furniture, beds and bedding, cookery and every thing in the house of like nature and also all the gold and silver coin I now have on hand amounting to about the sum of two hundred and thirty dollars. I also give and bequeath and devise to my said wife the sum of four hundred dollars annually to be paid to her out of the income of the farm above devised so long as she shall live and she is to have the use and control of one third of the dwelling on said farm in such rooms as she may select during her life . The above legacy and payments annually to be in lieu of power in said land.
3rd. I give and bequeath to the children and heirs at law of my son JACOB J. DAVIS, deceased, a note for five hundred dollars given to me by the said JACOB J. DAVIS which I now hold and on which there is now due the sum of about five hundred and thiry five dollars which note is to be paid by the executors of said JACOB J. DAVIS and divided equally among said children of above sum, thirty five dollars is to be deducted and paid to my executors here in after named and the balance five hundred divided as above.
4th. I give and bequeath to my daughter LUCY HOUSE wife of JOSEPH HOUSE the sum of fifteen hundred dollars to be paid to her by assigment or transfer of that amount out of a mortgage on the real estate owned or occupied by the said JOSEPH HOUSE which mortgage was assigned to me by CHRISTOPHER BELLINGER and the balance of said mortgage is to be paid to my executors or my son JOSEPH.
5th. I give and bequeath to my son JOHN DAVIS the sum of five hundred dollars to be paid him by the surrender of a note for that amount which I hold against him and my executors are hereby directed to give him up said note upon my decease without any payment of principal or interest.
6th. I give and bequeath to my son WILLIAM H. DAVIS, the sum of five hundred dollars to be paid him by applying so much on a first gage or claim I hold against him if so is due to me therein if not the balance to be paid him out of my estate by my executors. If more than five hundred dollars is due on said mortgage, WILLLIAM is to pay the balance.
7th. I give and bequeath to my daughter ALMIRA KLOCK, wife of AMOS KLOCK, the sum of five hundred dollars to be paid her in one year after by decease.
8th. I give and bequeath to my daughter ANNA BELLINGER the sum of five hundred dollars to be paid her in one year after my decease.
9th. I give and bequeath to my daughter PHEBE A. LOUCKS the sum of five hundred dollars to be paid to her at the expiration of two years after my decease.
10th. I give and bequesth to my daughter CAROLINE PETRIE , wife of ASA PETRIE, a promissory note for five hundred dollars which I hold against said ASA, which is to be delivered up to her and I also give and bequeath to said CAROLINE the sum of one thousand dollars to be paid to her at the expiration of three years after my decease.
11th. I give and bequeath to my daughter MARY the sum of fifteen hundred dollars to be paid to her five hundred dollars in two years after my decease and one thousand dollars to be paid in four years after my decease. Said MARY is to have the privilage of living in the homestead so long as she remains unmarried and is to have two good muich cows from the dairy whenever she wishes to call for them and also the further sum of one hundred and fifty dollars for an outfit to be paid her upon marriage or whenever she wishes to call for the same.
All of the above payments and legacies I hereby declare a lien and charge upon the real estate above devised to my son JOSEPH and I direct the payment of the same sooner than above stated if the income of the farm will allow the same.
Lastly: I hereby appoint my son-in-law AMOS KLOCK and my son WILLIAM H. DAVIS executors of this my last will and testament herby revolking all former wills by me made.
In witness of whereof I have hereinto set my hand and seal this 12th day of March
The above instrument consisting of one sheet was at the date thereof signed, sealed, published and declared by the said JOSEPH DAVIS as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other subscribed our names as witnesses thereto.
JAMES HART Little Falls, NY OBADIAH STROUGH Manheim, Herkimer Co., NY
I certify the forgoing to be a true record of the original will of JOSEPH DAVIS deceased of the proof's and examinations taken therein. Herkimer May 9th 1864
VOLNEY OWEN Surrogate
Willof Jacob J. DAVIS of Manheim
Jacob J. Davis In the matter of proving the last Will and Testament of JACOB J. DAVIS, deceased
Herkimer County, James Hart of the town of Little Falls in the county of Herkimer and
S.A. Ingham of the town of Little Falls in the county of Herkimer being first duly sworn
in open court on their oaths do depose and say that they are subscribing witnesses to the
last Will and Testament of JACOB J. DAVIS, late of Manheim in the said county of Herkimer,
deceased, and those deponents further say that the said deceased did in the presence of
these deponents subscribe his name at the end of the instrument which is now shown to
these deponents which purports to be the last will & testament of the said deceased and
which dears date on the 15th day of Februay A.D. 1862. That the said deceased did at the
time of subscribing his name to said instrument as aforesaid declare the same to be his
last will and testament. That these deponents did thereupon subscribe their names at the
end of the said instrument as attesting witnessses to the execution thereof at the request
of the said deceased and in his presence and in the presence of each other. That the said
deceased at the time of subscribing his name to said instrument as aforesaid was upwards
of twent one years of age. That he appeared to be of sound mind and memory and was not
under restrain to the knowledge or belief of these deponents.
Will of Esther DAVIS
The original will was hand written by Esther Davis and is in the posssession ESTHER BLACK MAIURA, great granddaughter of ESTHER DAVIS.
I am writing to you my children as they tell me there may not be very many more days here for me.
There is something I should like you to do for me and I feel you will. All along through the years I have tried to do the best by all of you that has been in my power although at times it would have been different had it been in my power, but as God's way is not our way we must do as the way opens before us.
I should like you all to see that the things in the home here are given to Lillie, that is all that is mine. She herself has bought so much that is here that it is hard to separate that which is here, so all that is mine (in the house furnishing) I give her. If she lives longer than I, the chamber suite in the front room, all the bedding in the front room, and all the bedding upstairs and down. Also all other pieces of furniture upstairs and down, that belong to me. There are pieces belonging to dad for the rest if you care for them. Also I want her to have (that is Lillie) all the linen, all silver, and dishes that are mine, in fact all that is here in the house of the furnishings.
And now may God's best blessing rest on all of you.
I also should like you to give Esther a $10 gold piece for her name, and may a blessing be hers. This I write to you all, the 23rd. of November 1929 signed: Mother Davis
Copyright © 2000 Elizabeth Perkins
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