Will of James Lynn DAVIS (1870); Frederick County, MD Contributed to the USGenWeb Archives by Sharon L. Casteel <castiron@the-casteels.com> http://www.usgwarchives.net/copyright.htm ********************************************************* SGC-1-288 I Jas. L. Davis of Frederick Co., Md. do make & constitute this my last will & testment, as follows to wit If in the providnece of God my wife Elizabeth G. Davis should survive me, I will and Desire that my personal property be sold, as soon after my death, as may be desirable, & all my debts be paid from the proceeds. My Will is further, that my wife Elizabeth shall receive all the rents or proceeds arising or accruing from my Real Estate, or notes or stocks of every description during her unmarried life. After the death of my wife, or even before that event, if it be thought best by my wife & children, my lands may be sold. But if it should be thought best to rent my farm, my son J. Lynn shall have the refusal of it, if he will give as much as a fair rent -- which rent is to be divided, as hereafter provided for -- said farm is _not_ however to be rented if it can be sold ot advantage larger than it may be for the interest of all concerned. In that event I will & desire that my farm the house and the premises & the two wood lots on the E. side of the Monocacy, including all my Real & Mixed estate be sold on the most advantageous terms the proceeds be divided into Eight equal portions or shares & distribution be made, with the following conditions and reservations -- To my Grandson, S. Hamner Davis, son of my deceased son S. Hamner Davis, I give devise & bequeath 1/8 of the Rent & income devised from my Real Estate & Other sources, if rented, or if Sale has been made then 1/8 of the gross amount of said sales after first paying all my just debts out of which portion, my said Grand Son is to pay one thousand dollars, into the general fund five hundred of which is to be appropriated to finishing the education of my youngest daughter Fannie i.e. if her education be not completed at or before my death, but if she shall have done so before that event, then my will is that the five hundred dollars thus set apart for Fannie 's benefit, and the balance of the One thousand ($500 00/100)shall go into general distribution to my other grandchildren or their respective parents. The deduction from my grandson's portion is made to equalize the portion of th eother heirs, in as much as considerable more means were expunded upon the education of my son S. Hamner, than upon my other children. Should my said grandson S. Hamner Davis die before he receives at legal age then his portion is to revert to the general fund, or be divided amongst my then living children and grand children. To my son J. Lynn, I give devise & bequeath 1/8 as above expressed in the bequest to my grandson S. Hamner Davis of [???] general fund. I give and devise also to J. Lynn, one thousand dolls. but as I have advanced to Lynn to this writing between eight and nine hundred dolls. and am now on his paper as endorser, the count wh. I advanced him, is to be deducted from the one thousand dolls. unless returned before my death & should I or myEstate have to pay money for him as Security whatever amount it may be [???] also be deducted from the one thousand thus conditutionall given to him -- The above one thousand dollars, is given to Lynn, because his education was less expensive than was that of his deceased Brother Hamner I give and bequeath in addition to my only living son J. Lynn Davis my gold watch and chain, which I now wear, and which watch was worn by my beloved & Sainted mother. I give & bequeath lastly to my said son Lynn my large gold ring -- which was also worn by his gran Mother & which has within it engraved the initials of her Maiden Name K. L. In my son Lynns hands, I consider these precious relics safe -- that he will regard this sacred trust & keep them, so far as he can, forever in the family. To my daughter Mollie Lou, Wife of Wm Armstrong Cunningham, I give devise & bequeath 1/8 -- To my daughter Mattie C. wife of John A. H. Cunnimgham 1/8 -- To my daughter Elizabeth G. wife of Thos. R. Johnson 1/8 -- To my daughter Nannie Hamner 1/8 To my daughter Fannie Willie 1/8 -- These bequests are made upon the assumption that their Mother has departed to her final rest & reward, for it is to be understood that not until after that time, can any distribution be made, only so far as she may be inclined to do so -- feeling satisfied as I do, that she will distribute all she does not need for her own comfort & support amongst the children -- and said bequests are also to be subject to the arrangement or alteration, growing out of selling or renting Item -- I give, devise, and bequeath to my little grandson Benjamin A. Cunningham, my other gold watch, now in the possession of my son Lynn to have & to hold so long as he may live, then to hand it down, to those of the family who may survive him that it may be forever for generations to come, not for the [???] value of Said Watch, but because it belonged to my honoured, beloved and Xtian Father, Ignatius Davis of Mt. Hope -- Item -- I give devise & bequeath to my little grand daughter Nannie Cunningham my frame dageroteppe picture now hanging in the parlor. -- Item -- I give &c my gold spectacles & the [???] which were left to me by my deceased mother to my daughter Mollie Lou Cunningham -- believing that the veneration she has for family relics, will give additional value to the gift. Item I give to as many of my Sons in Law as may be living at my decease also to my duagher in law Elizabeth W. Davis, now [or] each, a family Bible, to be purchased by my Executrix or Ex. as the case may be & presented with my name written on a blank leaf, trusting and praying that this Gods gift to man & my gift to them may be the very meants of reuniting us an unbroken family, whose parting will us no more & there write in praising Him who hath given us the victory through our blessed redeemer. My desireis that the copy selected shall be the Polygot Bible with references and marginal readings & notes -- compiled by Justin Edwards, such as are now used in hour family for dally reading & comfort. Should any of my children die before I do in that event my will is that the portion to which their parent would have been entitled under my will shall go to such children of the deceased parent, but should any of my children die childless then the portion of such child or children at death of the parent shall revert to the estate, or be equally divided among the surviving heirs, so also, if the child or children of any of my children claiming under this will, die before arriving at age the portion falling to such of my children, shall also be distributed equally amongst the others. -- I do expressly declare & divest that the shares or proportions of such of my daughters as above mentioned, who are now married or who may hereafter marry shall go to htem and such of theirs, subject to their exclusive control during their lives & to their children after their death, free and discharged from all claim or debt or control of their respective husbands. My intent being that all my Estate shall finally go to benefit my very dear children & grandchildren -- To my son J. Lynn Davis, if living where he can conveniently & properly attend to it, if not, to my son in law, John A. H. Cunningham, I give in Trust 1/8 of my Estate for the benefit of my daughter Katie R. Thomas & to her issue if any survive her & arrive to legal age -- or so long as either mother or chidlren live -- subject to the sam contingencies as apply to the other portions. The Trustee shall safely invest (by taking ample security) said trust fund and pay to my daugher Katie semi annually during her life, the interest accruing on said investment, and should she have a child or children to survive her and become of age then the said portion shall be paid over to that child or children, at Maturity, by the Trustees, but should there be no such child or children to inherit, then in that case, as in the others, he said portion of it shall be divided amongst the living claimant under this my will -- when said trust shall cease and end. Should I advance money to either of my children or pay as security for either of my sons in law money at my [???] or my Estate have to do so. Such amts in either case, shall be a just charge so the portion as [???] of such daughter or child or wife of said such husband. I hold a deedrent in our circuit court bd. our John B. Thomas "in proper person" and also vs. said John B. Thomas as ident or Ext of our B. Lamar -- amounting by this date to about one thousand dollars. With out which when collected may be applied to the payment of my just debts or divided equally amongst my heirs -- Judge Maulsby can explain &c In case of the whole & half bloods is long in continuing, I advise a compromise & early settlement see paper in my drawer in the large pocket book for bills reciepts &c -- My portion to be added in adjusting for further information write Judge Maulsby or John Ritchie. By reference to my large book in the back part of said book is a sheet of paper it will be Seen that there is due to a Minor Son of one of the heirs of the late Reg Beldwin -- $181.07 with inst, at & in [???] -- the amt. thus given as such deposits -- now my will is that if said child can be found or its proper representative who can give a good [???] that this money be paid -- on the same sheet of paper it will appear that there is yet due to Thomas Baldwin $101.07 which sum must be paid as then as the right "party" present him self & close up the case or Estate paper in my drawer on the right hand side. The silver & family relics such as my deceased Father & Mothers Portrait I will & devise, that they be appraised, but by no means exposed to the public gaze for sale -- and divided with my commentaries & other religious & useful books -- amongst my dear children, share & share about -- the eldest to have first choice Lastly, I appoint my dear wife Elizabeth the partner of my joys and sorrows, the Executrix of this my last Will. In witness whereof I hereunto set my hand & affix my seal this 2nd day of March in the year of our lord 1870. Witnesses: Daniel Baker, Wm G. Baker, Chas F. Thomas [probated 27 July 1872]