WILL: Jenkin DAVIES, 1748, Earltown, Lancaster County, PA Contributed for use in the USGenWeb Archives by Anna Brown elijahf1@earthlink.net Copyright 2005. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm http://www.rootsweb.com/~usgenweb/pa/lancaster/ _______________________________________________ Jenkin DAVIES Last Will and Testament Dated 12 February 1747 and proved 5 December 1748. In the name of God amen! The twelvth day of February in the year of our Lord according to the constitution of the church of Great Britain, one thousand seven hundred and forty seven. I Jenkin DAVIS of Earltown in the County of Lancaster and province of Pennsylvania yeoman being weak in body but of perfect mind and memory, praised therefore be given to Almighty God, do make and ordain this my last will and testament in manner and form following that is to say, principally and first of all, I give and recommend my soul to the hands of God that gave it, hoping through this the merit death and passion of my Saviour Jesus Christ to have free pardon and forgiveness of all my sins & to inherit everlasting life, and my body I recommend to the earth to be decently buried at the discretion of my executors hereafter named. and as touching the disposition of all such worldly estate wherewith it hath pleased God to bestow on me in this life, I give and dispose thereof as follows, viz. first my will is that all my debts and funeral charges be paid and discharged by the Executors of this my last will and testament and whereas I and my well beloved wife have lately of our parental {love} assigned and conveyed by writings under our hands and seals unto my eldest son Evan DAVIES a house and plantation or tract of land belonging to the same, lying and being in the township of Radnor in the County of Chester now in the possession of my said eldest son, and we have by our Indenture conveyed unto him another house and plantation and tract of land thereunto belonging containing two hundred acres, lying and being in Earl{t}o{w}n aforesaid, now in the possession of Owen WILLIAMS, my will is that my said son Evan DAVIS his heirs and assigns may have and hold the said two plantations freely and clearly forever according to the deeds that I and my wife gave him, and my will likewise is that my son Zacheus DAVIES his heirs and assigns m[a]y have hold possess and enjoy the house plantation and a tract of land thereunto belonging containing four hundred acres, which I and my wife lately granted to him his heirs and assigns forever, where he now liveth, provided that the said Zacheus DAVIS his heirs and assigns shall allow {cause} and permit a water course dug or to be digged through his said land to supply the land of my son John DAVIES his heirs and assigns forever. to my said son Zacheus being in quiet possession of the same; and also my will is that my said son John DAVIES his heirs and assigns, may have hold and enjoy the house and plantation where he now dwell with four hundred acres of land which I and my wife granted him freely and clearly according to the tenor of our deed lately executed to him. Item I give and bequeath to my son Zacheus DAVIS the sum of ten pounds sterling to be paid unto him by my executors hereafter named but if my son Zacheus thinketh fit and hath an opertunity to go to South Wales to my brother Evan DAVIES or his heir, I give fifteen pounds sterling to be enjoyed by him and his heirs. I also give unto my sons Evan and Zacheus and to such of them one shillg sterling to be paid unto them by my executors hereafter named. I give and bequeath unto my daughter the wife of Rees DAVID the sum of five pounds currant money of Pennsylvania to be paid to her if she outlive her husband. I also give to my said daughter Catharine and to my daughter Sarah the wife of John EDWARDS the sum of one shilling sterling to be paid unto them and each of them by my Executors hereafter named. Item I give and bequeath unto my well beloved wife Mary DAVIES a certain messuage or tenement of land, which I have held and possessed in my native land in the Parish of Kilkomin in the County of Curdigun {?Cardigan?} South Wales, and also two acres of land lying in Lansanford in Morva [Esob] in the said County to have and to hold unto her during her natural life and after her death to decend to my son Evan to be held by him during his natural life, and after his death to decend to my son Zacheus to {be} held by him during his natural life, and after the death of my son Zacheus the said land to decend to my grandson David a child of my son Evan to be held by him and his heirs forever, but if the said David dies without issue the said land to decend to my grandson Isaac the eldest son of my son Evan to be held by him and his heirs forever, and if both my grandchildren David and Isaac aforesaid both die without issue, my will is that twenty pounds current money of this province be paid to each of the above daughters of my son Evan out of the rents of the said lands within ten years after the death of my said grandchildren David and Isaac aforesaid by the then possessor of the said land. also my will is that after the death of the said David and Isaac without issue the said land to decend to the eldest male issue of my son John to be held by him and his heirs forever. but in case my son dies having no sons, the said land shall decend to my grandson Jenkin a child of my son Zacheus to be held by him and his heirs forever,. but if the said Jenkin dies leaving no issue the said land to decend to my grandson Thomas another child of my son Zacheus to be held by him and his heirs forever willing that the said land be not sold forever out of my blood, I do by this my last will and testament as far as in me lieth absolutely confirm the personal gifts and grants that I and my wife Mary made unto my above sons Evan John and Zacheus to my several plantations plantations to be peaceably and quietly held possessed and enjoyed by them their heirs and assigns forever without any difference or contention for from any claim chalenge or demands by any of them against the other but to continue in their several possessions in brotherly love and { } all their days upon earth. Item I give and bequeath all the rest of my goods chattels and credits ungiven unbequeathed to be equally divided divided between my well beloved wife Mary DAVIS and my son John DAVIS and do nominate and appoint them both to be Executors of this my last will and testament, and to discharge my just debts and legacies by me given and bequeath (viz) the ten pounds sterling to be paid unto my son Zacheus in cause that he doth not venter over sea to {collect} fifteen pounds sterling from my estate in South Wales, the said ten pounds to be paid unto him within one whole year next after my decease, and the five pounds to my daughter Catharine to be paid unto her immediately after the death of Rees DAVID her husband. And I do hereby revoke make void and disannul all former wills and testaments by me made either verbally or in writing, ratifying and confirming this and no other to be my last will and testament. In Witness whereof I have hereunto set my hand and seal the day and year first above written. Signed sealed published pronounced and } his declared by the Testator to be his last} Jenkin X DAVIES will and testament in the presence and } mark Seal sight of us - Rees Morgan } John X McHassney, Owen X Williams, } Tho: EDWARDS } Personally appeared Rees MORGAN and Thomas EDWARDS two of the witnesses to the within will and made oath that they were present and saw and heard Jenkin DAVIS the Testator Sign seal publish and declare the same as his last will and testament and that at the doing thereof he was of sound and disposing mind and memory to the best of their knowledge. 5th Decr 1748 -- Before me Persons named in this will: Executors: wife Mary DAVIES and son John DAVIES Brother: Evan DAVIES (and child) in South Wales Wife: Mary DAVIES Sons: Evan, Zacheus, & John DAVIES Daughters: Catharine,wife of Rees DAVID and Sarah, wife of John EDWARDS Grandsons: Isaac & David (sons of Evan); Jenkin & Thomas (sons of Zaccheus) Sons in law: Rees DAVID and John EDWARDS Owen WILLIAMS ("in possession of" plantation in Earl township) Witnesses: Rees MORGAN, John McHASSNEY, Owen WILLIAMS, & Thomas EDWARDS Transcribed on 25 July 1996 by Anna Brown, from FHL Film # 0021358: Lancaster County Pennsylvania Wills, Books I-K. The Will of Jenkin DAVIES was recorded on page 92 of Will Book I. Jenkin DAVIES was my paternal sixth great grandfather. Notes: 1. Spaces left in this transcription are also in the filmed document. 2. Bracketed {} letters +/or are those which I believe fit in the spaces where they have been inserted. 3. The Xs in two witness' names represent their marks as in the filmed will. 4. Spelling is as in the filmed document; e.g., the name DAVIES is sometimes entered as DAVIS.