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North Carolina
Tyrrell County
Original Will at N. C. Archives
November 28, 1823
In the name of God Amen. I, John Davenport of the county and state aforesaid being of sound sense and memory blessed be God for the same doth hereby make and publish this my last will and testament in form following To Wit.
My will and desire is that all of my just debts should be paid from the amount which will be raised fom the sale of my perishable estate which sale shall take place as soon after my decease as my executor hereafter to be named shall think proper. It is my wish that my executor should sell my perishable estate at a credit of six months.
I give and bequeath unto my beloved wife Sally Davenport one chest called hers, her choice of one cow and one calf, ten ewes and lambs one sow and pigs and as many dry hogs as my executor hereafter to be named shall think sufficient to make her provision for one year. One spinning wheel and one fourth part of the money arising from the sale of my perishable estate, and I lend unto my beloved wife Sally all of my negroes for the term of two years - (except two namely Milly and Writ.) which two I give and bequeath as follows: to wit unto my daughter Sally Davenport I give and bequeath negro Milly - and unto my beloved daughter Ruzillah Davenport I give and bequeath negro Writ to her and her heirs forever and I further give unto my daughter Ruzillah one large and one small wheel one cow and calf one trunk two sheep and one bed and furniture.
I give and bequeath unto my son Talkot Davenport to him and his heirs forever the land on which he now lives beginning at the road next to Hezekiah Spruill thence southerly along my line or within sixteen feet of it to a holly a corner between said Talkot and the land I sold to Silas Davenport it is my will and desire that a space of sixteen feet of my land shall be left unoccupied by any one but to be in common beginning at the road and running parallel to my eastward line unitl it strikes Isaac Davenports line to be free for a road and ditching thence from said holly westwardly along a dividing line which I made myself between the lands I give Talkot and the land I sold to Silas Davenport to Frederick Davenports line to the corner the old pine stump thence westwardly along Frederick Davenports line to a pine sapling corner thence northwardly to said road thence eastwardly along said road to the first station.
I give and bequeath unto my son Nias Davenport the land where he lives which land I purchesed of Zebulon Tarkenton also one cow and calf which he now has in possession.
I give and bequeath unto my son Doctor Davenport to him and his heirs forever my manor plantation and the land I possess (except the land I gave to Talkot and Nias) to the said Doctor to take possession when my wife dies or goes out of possession agreeably as I lent it to her.
And I give and bequeath unto my son Doctor negroes Arthur and Penny and the colt which he claims the gun called his two sows and pigs one cow and calf which he now claims and two sheep. And I give and bequeath unto my daughter Patsy Davenport negroes Ned and Matilda two ews and lambs and one cow and calf.
I give and bequeath to my daughter Joyce Davenport negroes Abraham and Eady two ews and lambs ond one cow and calf. And unto my wife Sally I give negro woman Esther to her and her heirs forever.
It is my will and desire that my executor hereinafter to be named shall sell all my perishable estate (except such as has been given away in this my will and testament) at a credit of six months and after settling my just debts the amount which he may then have in hand to be paid over as follws. To wit: One fourth has already been mentioned to my wife and the remaining three fourths to my three youngest children, Doctor, Patsy and Joyce and I hereby constitute and appoint my beloved friend Wilson B. Hodges my executor to this my last will and testament, to do and perform the duties thereof as he may deem most beneficial for the interest of my three youngest children and I hereby wish him to act and do in manner and form as I have bequeathed my worldly estate.
In testimony whereof I have hereunto set my hand and seal this 28th day of November in the year of our Lord one thousand eight hundred and twenty three.
John (his mark) Davenport
Read signed sealed and
delivered in presence of
Danl. Bateman
John Marriner
Benjn Phelps
Decr 26/ Wn. Hodges Exr qualified
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1824
The last will & testament of John Davenport Capn. was exhibited and proved in open court by the oath of John Marriner one of the subscribing witnesses thereto who also swore that he saw Daniel Bateman & Benjamin Phelps sign the same as concurring evidence thereto. Same time appeared Wilson B. Hodges the executor therein named & qualified in due form of law. Ordered that letters testamentary issue thereon with a coppy of the will annexed.
January Session 1829
A division of the negroes of John Davenport was returned into open court & filed.
July Session 1830
Ordered that Wm. C. Warren, Zebulon Tarkenton & David Clayton be auditors to settle to settle the accounts between W. B. Hodges executor of Jno. Davenport & W. B. Hodges administrator of Sally Davenport and report to next term.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.17), Box 17
Davenport, John, 1828
Petition October Term 1828 by Doctrine Davenport of full age and Patsy & Joicy Davenport legatees under the will of John Davenport. Doctrine Davenport states that Joicy & Patsy Davenport are under the age of twenty one years and prays that the court appoint a guardian for them. She also states that John Davenport died possessed of several negroes to which your petitioners are entitled and prays that an order be passed for a justice of the peace and three freeholders to divide said negroes among your petitioners. Flyleaf says service was accepted by Jos. Halsey as guardian.
Court order October Term 1828 that upon a petition filed this term by Doctrine Davenport, one of the legatees in common with Joicy & Patsy Davenport, heirs of John Davenport deceased it was ordered that Joseph Halsey be appointed guardian ad litem to Joicy & Patsy Davenport infants as aforesaid and that David M. Sargent Esqr., William Spruill, Daniel N. Bateman & Dempsey S. Godfrey divide the negroes belonging in common to said heirs and make report to next term.
Valuation and division of the negroes belonging to the estate of John Davenport deceased on 19 Jan 1829 by David M. Sargent, Daniel N. Bateman & D. S. Godfrey among Doctrine, Rejoice & Patsy Davenport heirs and devisees of John Davenport. Negro woman Esther is valued at $150 and drawn by Patsy; negro girl Esther is valued at $100 and drawn by Doctrine; and negro child Mahala is valued at $50 and drawn by Rejoice. Patsy owes Rejoice $50.
Transcriber's Notes:
Tyrrel County marriage bonds show the marriage of John Davenport to Sarah Price on 8 Feb 1804, Frederick Spruill security; also Doctrine Davenport
to Mary Davis on 10 Jun 1835, Daniel Woodley security; also Joycy Davenport to Joseph Newberry on 18 Mar 1830, Burton Hathaway security; also Uzillah
Davenport to Uriah Spruill on 14 Jan 1824, John F. Neel security; also Patsey Davenport to Mathias Owens on 11 Feb 1829, Silas Davenport security;
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