1851 - Davidson to Hiram - Tazewell Co, VA
Manumission Item Data Item Type Metadata
Date
10/29/1851
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
I Joseph Davidson of the County of Tazewell and Commonwealth of Virginia being of sound mind and memory do constitute this my last will and testament in the words and manner following to wit.
Viz. I direct that after my decease all my just debts be paid I give of my real estate to Martha Bane adjoining of Howard Havens all that portion of land beginning west of Barleys Mill Creek about 80 yards and running a South East course. 20 poles thence east crossing the Creek and running with the top of a ridge known as the Valley Ridge until nearly opposite the meeting house so as to leave it upon the land recently owned and occupied by Robert Davidson thence a N.W. course to the lands deeded by me to Howard Havens.
I give unto my son Robert Davidson all that tract or parcel of land on which he recently resided lying in the County of Mercer and being withing the following boundary to wit. Beginning on the top of the Valley Ridge and running east to the division line between him and the land of Henry Davidson and with that division line a straight line barely crossing the Stony ridge, thence a west course to a line made as a division line between Robert and Samuel Davidson of the land known as the Waldron place – and with that division line to a ridge dividing the waters of the Brush fork from Bluestone and with the south side of said ridge a west course to a corner dividing the land between me and Howard Havens and with that line to the top of the Stony ridge – and to the beginning to him and his heirs forever.
I give unto my son Henry Davidson all that tract or parcel of land on which he recently resided lying in the County of Mercer and withing the following boundary to wit. Beginning on the top of the Valley ridge and running east to the division line between Henry Davidson & William Davidson and with that division line a straight line to the line of a survey made laterally for John Davidson and with the lines of said survey so as not to intrude upon the survey owned by Samuel Davidson and with the division line between Robert & Henry Davidson crossing the Valley to the beginning – to him and his heirs forever.
I give unto my son William Davidson all that tract or parcel of land lying in the County of Mercer and withing the bounding [illegible] and adjoining Henry Davidson. Beginning on the tops of the Valley ridge and running east to a corner made between me and Joseph Clarke and with that line to the top of the Stony ridge and over the same 70 pole thence a straight line to the division line between Henry and William Davidson and with that line to the beginning to him and his heirs forever.
I give unto my son Samuel Davidson the one half of the land known as the Waldron place including the addition made to it in the survey made by Robert H. Bolton and Hezekiah Harman lying between the lines of Robert Davidson and the lines run and marked as the division by said Bolton between Robert and Samuel Davidson to him and his heirs forever.
I give unto my grandsons Joseph Davidson the eldest son of Henry Davidson and Samuel Richardson to the first named the sum of eight hundred dollars and the last the sum of four hundred dollars to be paid to each of them out of the proceeds of the sale of the Lorton’s lick tract of land lying in the county of Mercer and on which I formerly lived to them and their heirs forever.
I give unto my grandson Joseph Davidson eldest son of William Davidson and Samuel Richardson and their heirs forever all that tract or parcel of land lying within the boundary hereafter named to wit. Beginning at the blazed corner at the stone lick and running out at the head of the branch a north course to Lorton’s Lick Creek and with the Creek a west course to John Colemans line and with his lines to Colemans beginning corner and thence to the line dividing me and William Witten Sen’r and with it to that boundary Joseph Davidson son of Henry as above mentioned to the blazed corner at the stone lick.
I give unto John Havens all that portion of land lying within the following boundary to wit. Beginning at the stone lick and running so as to include the land on both sides of the path leading to James Dillons being part of a survey made for Samuel Flumoner the quantity to be not less than 200 acres.
I give unto my son Henry Davidson 200 acres of land lying on the Hurricane ridge in the County of Mercer to him & his heirs forever the above being an entry made by Jesse Belsher sen. and lying between the Brush fork of Blue Stone and Brush Creek and further I give unto my son Henry Davidson 200 acres of land beginning on the survey lately made for John Davidson and running [illegible] the Brush fork for quantity as he may directs to him and his heirs forever.
I give unto my son John Davidson all that tract or parcel of land on which he now lives and included within the meter and bounds of a survey of 1395 acres be the same more or less made for said Davidson by Robert Hale except where it may intrude upon the land laid off upon the south east side by William H. Bolton for Samuel Davidson to him and his heirs forever.
And further I give unto my sons John, Henry, Robert, William, James and Samuel Davidson all my right, title and interest in and to the following slaves namely Elias, Isaac, also one female slave named Dido one other named Buddy and a third Charlotte being desirous that they should remain with them, the division to be made by themselves or such person or persons as they may mutually agree upon with view to arrive at their value lack Legatee to give bond and security to the other for his share and that sum only payable at the end of two years from such division without interest. But on the division of said slaves giving to the two first named John and Henry one hundred dollars more than an equal proportion of such slaves or their value.
And further I direct that Joseph Davidson son of William Davidson pay to Samuel Richardson the sum of one hundred dollars in consideration of the land here given him.
And that all the remainder of my real estate not otherwise disposed of shall be equally divided between my son Henry Davidson and William Davidsons last three children to them and their heirs forever.
And that the slaves Hiram and Quinn remain in the possession of my wife Matilda Davidson the last mentioned Quinn not to be separated from his father until he shall arrive at the age of sixteen years then at the time it is my wish that whomsoever of the family Hiram may be desirous of his living with shall buy him.
I give unto my grand children Havens, Matilda, Hannah, and Jane Richardson children of my daughter Jane Davidson and their heirs forever one female slave named Mariah and her increase to be equally divided amongst them.
I further charge my executor that in the event of Samuel Davidson producing any claim or claims against my estate for money at any time paid to me or to any other person for me, he shall be charged with the following slaves namely Smith, George and Levey the sum of seven hundred and fifty dollars together with a bond transferred by me to him or Zachariah Munery for $40 as an offset. And should none be presented then no further account is to be taken of them.
I moreover appoint my friend John B. George of the county of Tazewell Executor of this my last will and testament hereby revoking all others and in testimony whereof have hereunto subscribed my hand and affixed my seal this 30th day of May 1846.
Witness Joseph Davidson (seal)
Robert Hall
Wm H French
Wm Huchins
Alexander Johnston
Whereas I Joseph Davidson of the County of Mercer having made and duly executed my last will and testament in writing bearing date on the 30th day of May 1846 by which last will and testament I gave and bequeathed to my grandson Joseph Davidson the sum of eight hundred dollars to be paid out of money arising from the sale of my land on Lorton’s Lick also the sum of four hundred dollars to my grandson Samuel Richardson to be paid out of the sale of said land. I also gave and bequeathed in said will to each of my sons Henry Davidson & John Davidson the sum of one hundred dollars. Now I the said Joseph Davidson being desirous of altering my said will in respect to the said legacies do therefore make this present writing, which I will & direct to be annexed as a codicil to my said will and taken as part thereof and I do hereby revoke the said legacy by my said will to my grandson Joseph Davidson as I have (since I made said will) conveyed in fee simple to him by deed a portion of my land lying upon Lorton’s Lick which I regard as fully equivalent in value to the said legacy and I do hereby also revoke the said legacies by my said will given to each of my sons John Davidson & Henry Davidson as both of my said sons are now dead and I consider that I have otherwise given to them & their families their just proportion of my estate I do hereby also revoke the said legacy by my said will given to my grandson Samuel Richardson and I do give to him the sum of five hundred dollars to be paid to him by my executors as soon as possible after my death. The legacies as above mentioned of one hundred dollars given in my said will to each of my sons Henry & John Davidson & which I wish revoked is embraced in that portion of my said will which gives to each of my said sons $100 more than their equal proportion of certain slaves to be divided between them & others.
And I ratify and confirm my said will in everything except when the same is hereby revoked and altered as aforesaid. In witness whereof I Joseph Davidson the testator have to this a codicil to my will written on one piece of paper set my hand and seal this 12th day of March 1849.
Signed, sealed, & published by the said Joseph Davidson (seal)
Joseph Davidson of the County of Mercer
as & for a codicil to be added & be considered
part of his last will & testament in the presence
of us who have subscribed our names
in his presence
Alex. Mahood
Robert B. McNatt
I Joseph Davidson now of the County of Mercer and State of Virginia in order to obviate any deficiency which might possibly arise in reference to a sale of my slave Hiram to Nancy Sullender (a free woman of color) on the 14th day of May 1847 as will more fully appear by reference to a bill of sale of the aforesaid slave Hiram. I have thought proper in this codicil to my last will and testament to declare it to be my intention that the aforesaid slave Hiram shall be held as the property of the aforesaid Nancy provided the terms of the contract aforesaid be complied with and moreover the said Nancy Ann according to the laws of Virginia hold the aforesaid Hiram as her property. But if it shall appear that the said Nancy cannot hold legally the said Hiram as her property then it is my wish so soon as the said Nancy complies with the conditions of the aforesaid contract that the aforesaid slave Hiram shall be free forever from the claims of myself or my heirs provided he complies with the requirements of the laws of the Commonwealth of Virginia. It is my wish that the rents of the farm now in the occupancy of Nancy Sullender and which has been rented to her until the 1st of March 1857 shall be paid to my wife Matilda. In testimony whereof I hereunto affix my name and seal this 14th day of March 1849.
Joseph Davidson (seal)
Witness
Tho’s G. Witten
Johnson Bane
Virginia In Tazewell County Court Nov 28th 1849
The last will and testament of Joseph Davidson dec’d with the two codicils thereto appended was presented in court and one of codicils to said will was proved according to law by oath of Thomas G. Witten and Johnson Bane subscribing witnesses thereto.
Teste,
Geo. W.G. Browne C
And in the same court July 31st 1850
The last will and testament of Joseph Davidson dec’d was proved according to law by the oaths of William H. French, William Hunchins & Alexander Johnson subscribing witnesses thereto.
Teste,
Geo. W.G. Browne C.
And in the same court July 30th 1851
One of the codicils to the will of Joseph Davidson dec’d was proved by the oath of Robert B. McNatt a subscribing witness thereto.
Teste,
Geo. W.G. Browne C.
And in the same court Oct 29 1851
The last will and testament of Joseph Davidson dec’d with two codicils thereto appended was again produced in court and further proven by the oath of Alexander Mahood a subscribing witness to one of the codicils aforesaid, and the said will and codicils are ordered to be recorded.
Teste,
Geo. W.G. Browne C.
Viz. I direct that after my decease all my just debts be paid I give of my real estate to Martha Bane adjoining of Howard Havens all that portion of land beginning west of Barleys Mill Creek about 80 yards and running a South East course. 20 poles thence east crossing the Creek and running with the top of a ridge known as the Valley Ridge until nearly opposite the meeting house so as to leave it upon the land recently owned and occupied by Robert Davidson thence a N.W. course to the lands deeded by me to Howard Havens.
I give unto my son Robert Davidson all that tract or parcel of land on which he recently resided lying in the County of Mercer and being withing the following boundary to wit. Beginning on the top of the Valley Ridge and running east to the division line between him and the land of Henry Davidson and with that division line a straight line barely crossing the Stony ridge, thence a west course to a line made as a division line between Robert and Samuel Davidson of the land known as the Waldron place – and with that division line to a ridge dividing the waters of the Brush fork from Bluestone and with the south side of said ridge a west course to a corner dividing the land between me and Howard Havens and with that line to the top of the Stony ridge – and to the beginning to him and his heirs forever.
I give unto my son Henry Davidson all that tract or parcel of land on which he recently resided lying in the County of Mercer and withing the following boundary to wit. Beginning on the top of the Valley ridge and running east to the division line between Henry Davidson & William Davidson and with that division line a straight line to the line of a survey made laterally for John Davidson and with the lines of said survey so as not to intrude upon the survey owned by Samuel Davidson and with the division line between Robert & Henry Davidson crossing the Valley to the beginning – to him and his heirs forever.
I give unto my son William Davidson all that tract or parcel of land lying in the County of Mercer and withing the bounding [illegible] and adjoining Henry Davidson. Beginning on the tops of the Valley ridge and running east to a corner made between me and Joseph Clarke and with that line to the top of the Stony ridge and over the same 70 pole thence a straight line to the division line between Henry and William Davidson and with that line to the beginning to him and his heirs forever.
I give unto my son Samuel Davidson the one half of the land known as the Waldron place including the addition made to it in the survey made by Robert H. Bolton and Hezekiah Harman lying between the lines of Robert Davidson and the lines run and marked as the division by said Bolton between Robert and Samuel Davidson to him and his heirs forever.
I give unto my grandsons Joseph Davidson the eldest son of Henry Davidson and Samuel Richardson to the first named the sum of eight hundred dollars and the last the sum of four hundred dollars to be paid to each of them out of the proceeds of the sale of the Lorton’s lick tract of land lying in the county of Mercer and on which I formerly lived to them and their heirs forever.
I give unto my grandson Joseph Davidson eldest son of William Davidson and Samuel Richardson and their heirs forever all that tract or parcel of land lying within the boundary hereafter named to wit. Beginning at the blazed corner at the stone lick and running out at the head of the branch a north course to Lorton’s Lick Creek and with the Creek a west course to John Colemans line and with his lines to Colemans beginning corner and thence to the line dividing me and William Witten Sen’r and with it to that boundary Joseph Davidson son of Henry as above mentioned to the blazed corner at the stone lick.
I give unto John Havens all that portion of land lying within the following boundary to wit. Beginning at the stone lick and running so as to include the land on both sides of the path leading to James Dillons being part of a survey made for Samuel Flumoner the quantity to be not less than 200 acres.
I give unto my son Henry Davidson 200 acres of land lying on the Hurricane ridge in the County of Mercer to him & his heirs forever the above being an entry made by Jesse Belsher sen. and lying between the Brush fork of Blue Stone and Brush Creek and further I give unto my son Henry Davidson 200 acres of land beginning on the survey lately made for John Davidson and running [illegible] the Brush fork for quantity as he may directs to him and his heirs forever.
I give unto my son John Davidson all that tract or parcel of land on which he now lives and included within the meter and bounds of a survey of 1395 acres be the same more or less made for said Davidson by Robert Hale except where it may intrude upon the land laid off upon the south east side by William H. Bolton for Samuel Davidson to him and his heirs forever.
And further I give unto my sons John, Henry, Robert, William, James and Samuel Davidson all my right, title and interest in and to the following slaves namely Elias, Isaac, also one female slave named Dido one other named Buddy and a third Charlotte being desirous that they should remain with them, the division to be made by themselves or such person or persons as they may mutually agree upon with view to arrive at their value lack Legatee to give bond and security to the other for his share and that sum only payable at the end of two years from such division without interest. But on the division of said slaves giving to the two first named John and Henry one hundred dollars more than an equal proportion of such slaves or their value.
And further I direct that Joseph Davidson son of William Davidson pay to Samuel Richardson the sum of one hundred dollars in consideration of the land here given him.
And that all the remainder of my real estate not otherwise disposed of shall be equally divided between my son Henry Davidson and William Davidsons last three children to them and their heirs forever.
And that the slaves Hiram and Quinn remain in the possession of my wife Matilda Davidson the last mentioned Quinn not to be separated from his father until he shall arrive at the age of sixteen years then at the time it is my wish that whomsoever of the family Hiram may be desirous of his living with shall buy him.
I give unto my grand children Havens, Matilda, Hannah, and Jane Richardson children of my daughter Jane Davidson and their heirs forever one female slave named Mariah and her increase to be equally divided amongst them.
I further charge my executor that in the event of Samuel Davidson producing any claim or claims against my estate for money at any time paid to me or to any other person for me, he shall be charged with the following slaves namely Smith, George and Levey the sum of seven hundred and fifty dollars together with a bond transferred by me to him or Zachariah Munery for $40 as an offset. And should none be presented then no further account is to be taken of them.
I moreover appoint my friend John B. George of the county of Tazewell Executor of this my last will and testament hereby revoking all others and in testimony whereof have hereunto subscribed my hand and affixed my seal this 30th day of May 1846.
Witness Joseph Davidson (seal)
Robert Hall
Wm H French
Wm Huchins
Alexander Johnston
Whereas I Joseph Davidson of the County of Mercer having made and duly executed my last will and testament in writing bearing date on the 30th day of May 1846 by which last will and testament I gave and bequeathed to my grandson Joseph Davidson the sum of eight hundred dollars to be paid out of money arising from the sale of my land on Lorton’s Lick also the sum of four hundred dollars to my grandson Samuel Richardson to be paid out of the sale of said land. I also gave and bequeathed in said will to each of my sons Henry Davidson & John Davidson the sum of one hundred dollars. Now I the said Joseph Davidson being desirous of altering my said will in respect to the said legacies do therefore make this present writing, which I will & direct to be annexed as a codicil to my said will and taken as part thereof and I do hereby revoke the said legacy by my said will to my grandson Joseph Davidson as I have (since I made said will) conveyed in fee simple to him by deed a portion of my land lying upon Lorton’s Lick which I regard as fully equivalent in value to the said legacy and I do hereby also revoke the said legacies by my said will given to each of my sons John Davidson & Henry Davidson as both of my said sons are now dead and I consider that I have otherwise given to them & their families their just proportion of my estate I do hereby also revoke the said legacy by my said will given to my grandson Samuel Richardson and I do give to him the sum of five hundred dollars to be paid to him by my executors as soon as possible after my death. The legacies as above mentioned of one hundred dollars given in my said will to each of my sons Henry & John Davidson & which I wish revoked is embraced in that portion of my said will which gives to each of my said sons $100 more than their equal proportion of certain slaves to be divided between them & others.
And I ratify and confirm my said will in everything except when the same is hereby revoked and altered as aforesaid. In witness whereof I Joseph Davidson the testator have to this a codicil to my will written on one piece of paper set my hand and seal this 12th day of March 1849.
Signed, sealed, & published by the said Joseph Davidson (seal)
Joseph Davidson of the County of Mercer
as & for a codicil to be added & be considered
part of his last will & testament in the presence
of us who have subscribed our names
in his presence
Alex. Mahood
Robert B. McNatt
I Joseph Davidson now of the County of Mercer and State of Virginia in order to obviate any deficiency which might possibly arise in reference to a sale of my slave Hiram to Nancy Sullender (a free woman of color) on the 14th day of May 1847 as will more fully appear by reference to a bill of sale of the aforesaid slave Hiram. I have thought proper in this codicil to my last will and testament to declare it to be my intention that the aforesaid slave Hiram shall be held as the property of the aforesaid Nancy provided the terms of the contract aforesaid be complied with and moreover the said Nancy Ann according to the laws of Virginia hold the aforesaid Hiram as her property. But if it shall appear that the said Nancy cannot hold legally the said Hiram as her property then it is my wish so soon as the said Nancy complies with the conditions of the aforesaid contract that the aforesaid slave Hiram shall be free forever from the claims of myself or my heirs provided he complies with the requirements of the laws of the Commonwealth of Virginia. It is my wish that the rents of the farm now in the occupancy of Nancy Sullender and which has been rented to her until the 1st of March 1857 shall be paid to my wife Matilda. In testimony whereof I hereunto affix my name and seal this 14th day of March 1849.
Joseph Davidson (seal)
Witness
Tho’s G. Witten
Johnson Bane
Virginia In Tazewell County Court Nov 28th 1849
The last will and testament of Joseph Davidson dec’d with the two codicils thereto appended was presented in court and one of codicils to said will was proved according to law by oath of Thomas G. Witten and Johnson Bane subscribing witnesses thereto.
Teste,
Geo. W.G. Browne C
And in the same court July 31st 1850
The last will and testament of Joseph Davidson dec’d was proved according to law by the oaths of William H. French, William Hunchins & Alexander Johnson subscribing witnesses thereto.
Teste,
Geo. W.G. Browne C.
And in the same court July 30th 1851
One of the codicils to the will of Joseph Davidson dec’d was proved by the oath of Robert B. McNatt a subscribing witness thereto.
Teste,
Geo. W.G. Browne C.
And in the same court Oct 29 1851
The last will and testament of Joseph Davidson dec’d with two codicils thereto appended was again produced in court and further proven by the oath of Alexander Mahood a subscribing witness to one of the codicils aforesaid, and the said will and codicils are ordered to be recorded.
Teste,
Geo. W.G. Browne C.
Record Location
WB 3:35
Document Type
Last Will & Testament
Files
Collection
Citation
“1851 - Davidson to Hiram - Tazewell Co, VA,” Manumission Project, accessed January 15, 2025, https://manumissionproject.omeka.net/items/show/1962.