WILL: Zaccheus DAVIES, Jr., 1793, Earl Township, 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/ _______________________________________________ The Will of Zaccheus DAVIES Jr Dated 25 April 1793 and proved 2 June 1793 (Codicil dated 4 July 1793!!! was also proved on 2d June 1793) In the Name of God amen I Zachaus DAVIS of Earl Township County of LAncaster Commonwealth of Pennsylvania, Millwright, being weak in Body but of sound Mind and Memory Blessed be God, and Knowing that all men has once to die, Do, this Twentyfifth day of April in the year of our Lord one thousand Seven Hundred and Ninety Three, Make and publish this to be my Last will and Testament in Manner and form Following (viz) That is to say, I do recommand my Soul to God that gave it, and my Body to be Decently Buried at the discretion of my Friends and Executors hereafter named. and as to my worldly Estate wherein God has Blessed me with I do give and Bequeath in the following Manner. To wit Item my will is and I do Allow that my funeral Charges and all my Just Debts be Justly and Honestly paid by my Executors as Soon as they conveniently can after my Decease. Secondly, I give and bequeath unto my Brother in law Willis DAVIS and his Wife my Sister Ann DAVIS their Heirs and Assigns forever all that part of Land and fulling mill with the Privilidges of the Water as heretofore, and all the Improvements which my Father Zachaus DAVIS had Bequeathed for Ninety nine years Unto them, as also my half of the mill with the Liberty and Privileges of the Water and all other of the Improvements thereunto belonging Agreable to an Article of Agreement Agreed Upon between my Said Father _ Zachaus DAVIS and his Brother John DAVIS about and concerning said Will as Also a Peice of Land begining on the great road at the Corner of the Fence above the stable Now occupied by Henry SAUSMAN from thence a Straight Line to the Line of Jacob Senseney at the Lower end of my little Meadow on the Creek, thence along said Senseney's Line untill it joyns the four acres which my said Father did bequeath unto the said Willis DAVIS, and from thence a long the said Willis DAVIS' Lines untill it joyns on John WAGGONER's line , and from thence to the said Willis DAVIS' Line on the Creek, So as to make up thirty Acres, exclusive of the Two Peices of Land which my Father had gave him which was about Six Acres all which said Lands and Liberties and Improvements above Mentioned I do give unto the said Willis DAVIS and his wife their heirs and Assigns forever under this restriction: that Henry SAUSMAN shall have his Lease as it Stands and said Willis DAVIS to receive the rest as it becomes due from said Henry SAUSMAN, and also said Willis DAVIS must pay out fifteen Pounds yearly as it becomes due to Isaac DAVIS & Richard DAVIS' Estate as will Appear by an Article of Agreement Now in the Hands of Henry REAM Esqr._ Thirdly, my Will is that my Executors Shall Sell all my Personal Estate except my Books and Cloathing as soon as they Conveniently can after my Decease, and also to Sell the remainder of my Real Estate that is not given and bequeathed to Willis DAVIS and his wife my Sister their Heirs and Assigns forever the April next after my Decease at Public Sale to the best Advantage and the Money arising from the sales to be Applied to paying of my Just Debts and Legacies hereafter given and bequeathed. Item I give and bequeath unto my Sister Dinah now married to Thos HANADAY the sum of Ten pounds Lawfull Money of Pennsylvania in one year after my Decease __ I give and bequeath to my Sister Dinahs Daughter Hanah HANADAY the Sum of ten pounds lawful Money as aforesaid in one year after my Decease __ Item I give and bequeath unto my Sisters Son Zachaus Persel his Heirs and Assigns forever the sum of one Hundred and fifty pounds Lawfull Money as aforesaid to be paid out of the Price of my Real and Personal Estate in one year after my Decease. __ Item I give and bequeath unto my Sister Dinahs Two Daughters Sarah KYLE and Mary SCOTT their Heirs and Assigns forever the Sum of Seventy five pounds each in Two years after my Decease. __ Item, I give and bequeath unto my Sister Marys son Obiah PARK the Sum of five Shillings Lawfull Money as aforesaid in one weak after my Decease. __ Item I give and bequeath unto my Brothers Jenkin DAVIS three Sons their Heirs and Assigns forever the sum of Fifty pounds each when they arrive to the age of Twenty one years but if Either of them Should die before he or they Should arrive to the age of Twenty one years the Survivor or Survivors to receive it equally. Item I give and bequeath unto my Sister Sarah now Sarah FEREE her heirs and Assigns forever the sum of Fifty pounds Lawfull Money as aforesaid to be paid in Two years after my Decease __ Item I give and bequeath Unto my Sister Sarahs children by James DAVIS the sum of fifty pounds each which is six in Number to be paid to them in Lawfull Money as Aforesaid as soon as the Executors reasonably can out of the Estate _ but if any of said children Should die before they arrive to the age of Twenty one for the Males and eighteen years for the Females his or her Share or Shares is to be equally Divided amongst the surviving Children. __ Item I give and bequeath unto my Brother in law Thomas CARTER and his wife my Sister Elizabeth CARTER their Heirs and Assigns forever the sum of three Hundred Pounds Lawfull Money as aforesaid to be paid as soon as the Executors reasonably can or in part after my Decease. _ Item I give and bequeath unto my Brother in Law ( Note: two word written in above this name are not legible on the copy I have) John GORDEN the sum of five Shillings Lawfull Money and no more a aforesaid to be paid in one weak after my Decease __ Item I give and bequeath Unto my Sister Hannah GORDEN the Intrest of three Hundred Pounds Lawfull Money as aforesaid Dureing her Natural Life to be paid to her or Some one for her maintenance and for no other Use by my Executors and that her husband John GORDON his Heirs and Assigns shall not have any claim or Demand thereon to commence in one year After my Decease to pay the first years interest __ Item I give and bequeath unto my Sister Hannah GORDONs three Children their Heirs and Assigns forever the above named Three Hundred Pounds to be Equally Divided amongst them of the Survivor or Survivors of them in Six Months after their Mothers Decease __ Item I give and bequeath unto Elizabeth DAVIS Daughter of my Sister Sarah the sum of Sixty Pounds to be given to her or her heirs or Assigns in Two years after my Decease __ Item I give and bequeath Sarah RYNE Daughter of my Sister Ann her heirs and assigns the sum of Sixty Pounds in Two years after my Decease __ Item I give and Bequeath unto my Cousin Catharine DAVIS Daughter of Gabriel DAVIS her heirs or Assigns the Sum of Ten Pounds in one year after my Decease __ Item I give and bequeath unto Zachaus PERCEL my Sister Dinah Son all my Wearing Appearel excepting my Silver Spurs which I give unto my Sister Sarahs Son Thomas DAVIS __ Item I give and bequeath unto my Brother in Law Thomas CARTER his Heirs and Assigns forever my Part of the Anitation on the New Testament and one or two More books if he Chuses __ Item (I) give and bequeath to my Relation WIlliam SMITH his heirs and Assigns forever the Two Law books he has now in his Possession which is part of the Laws of Pennsylvania __ And I do Allow all my other Books to be Divided as my Executors See cause Amoungst my Relations and Further my Will is that if there Should be any Overplus Money left after all my Just Debts Expences and Legieces is paid that then it Shall be Divided in Proportion to and Amoungst all my Legities __ And if there should not be quite Sufficient to pay all the Legities what I have bequeathed to them that then they shall all louse in Proportion to each - Share __ And I do hereby Constitute make ordain and appoint my Two Friends and Relations Gabriel DAVIS and William SMITH to be my Executors of this my Last WIll and Testament and to do and See Every thing done to the true intent and Meaning of it. __ And I do Impower them or the Survivor of them to Sell my Estate as within Directed and Make as good Title Thereto to the Purchaser or Purchasers as I myself Could do was I present and According to Law and Also to get Head and Feet Stones put up at my Mothers and my own Head and feet of Marble it is to be remembered that the Sixty pounds I have left to Elizabeth DAVIS is besides the fifty Pounds that was given to her with her Brothers and sisters. In Witness Whereof I have hereunto Set my hand and Seal to this my Last Will and Testament the Day and year first within Written Zachaus DAVIS Seal Signed Sealed and Delivered as his Last Will and Testament in the presence of us whose Names is here subscribed. the words John GORDON, and no more life in the 3rd Colm was interlined before the Signed John DAVIS Henry SAUSMAN Elizabeth SAUSMAN ___ Lancaster County Ssr On the 2d day of June 1793 Before me the Subscriber Personally appeared John DAVIS Henry SAUSMAN and Elizabeth SAUSMAN the three Subscribing Witnesses to the within Instrument in writing and upon their Corporal Oaths According to Law did depose and say That they were present and Saw and Heard Zachaus DAVIS the Testator therein Named Sign Seal, Publish, Pronounce, and Declare the said Instrument in writing as & for his Last Will and Testament and that at the time of the doing thereof he was of Sound and Disposing Mind Memory to the best of their knowledge observation and belief. George ROSS Register __ __ __ Be it Remembered that on 2d Day of June AD 1793 The Last Will and Testament of Zacheus DAVIS late of Earl Township Lancaster County Deceased was proved in due form of Law and Letters Testamentary thereon were granted unto Gabril DAVIS and william SMITH the Executors therein Namad they having first been well and truly Qualified well and truly to Administer the Estate of the said Deceased and Especially to Exhibit a true and perfect Inventory thereof unto the Registers Office at Lancaster within one Month from this date and to render a just and true Account of their Administration on said Estate within one year or when thereto Lawfully required Given under my Hand and the Seal of said Office by me G ROSS Whereas I Zachaus DAVIS of Earl Township in the County of Lancaster and Commonwealth of Pennsylvania Millwright did on the Twenty fifth day of Last April Make and Execute the above Instrument of writing to which this is Annaxed as My Last Will and Testament wherein I did Will and Impowered my Executors Gabril DAVIS and William SMITH or the Survivor of them to Sell all my Real and Personal Estate my Books and Cloathing Excepted and what is other ways given and bequeathed. Now Whereas I would wish to Make Some Alterations in the above Mentioned and Annexed Will and Testament in the Personal Estate I do hereby Give and and bequeath to my BrotherinLaw Willis DAVIS and sister Ann his wife Heirs and Assigns forever my Clock and Case as it stands in the House I give and bequeath unto mt Neace Sarah RYNE & her Husband Daniel RYNE their heirs and Assigns forever. the Looking Glass that I bought at David MORGANS Vendue and my Warming pan I give and bequeath unto my Nephew William DAVIS son of Willis DAVIS his heirs and Assigns forever my Saddle and bridle I mean the best I give and bequeath to my Nephews Zachaus DAVIS Willis DAVIS his heirs and Assigns forever, my Silver Spurs I give and bequeath unto my friend and Cousin Edward SMITH his Heirs and Assigns for ever all my Maple Boards, I give and bequeath unto my Brotherinlaw Willis DAVIS his heirs and Assigns forever my Silver Shoe and Knee Buckles both pairs _ All the Above Legicies I do Allow and Impower my above Named Executors Gabril DAVIS and William SMITH or the Survivor of them to the Said Legeties or their or either of their Legal Gardian or Gardians in Two Months after my Decease and Take Receipts for the Same insted of Selling of them as the said Will and Testament Directed __ In Witness Whereof I do hereunto Set my Hand and Seal to this my Cocidel to my Annexed Will this fourth Day of July in the year of our Lord One Thousand seven Hundred and Ninety three Zachaus DAVIS Seal The words and Warming pan Willis DAVIS Son was interlined before Signed __ __ __ Signed Sealed and Delivered as my Last Cocidel in the Presents of us who Seen him Sign Seal & Deliver the same. __ John DAVIS Henry SAUSMAN Elizabeth SAUSMAN Lancaster County SSt. On the 2d Day of June Anno Domini 1793 Before me the Subscriber personally appeared __ John DAVIS Henry SAUSMAN Elizabeth SAUSMAN the three Subscribing Witnesses to the within Codicil or Instrument in Writing and upon their Corporal Oaths according to Law did depose and say that they were present and did see the within Named Zachaus DAVIS sign, seal, publish pronounce and declare the within writing as and for a Codicil to the said last will and Testament & that at the tine of the doing thereof he was of sound and disposing Mind Memory and Understanding to the best of their Knowledge and belief. George ROSS Register Be it Remembered that on the 2d day of June Anno Domini 1793 the Codicil to the Last will and Testament of Zachaus DAVIS late of Earl Township Yeoman deceased was proved in due form of Law and Letters thereon were granted unto the aforesaid Gabril DAVIS and William SMITH the Executors therein Named the having first been duly qualified well and truly to Administer the Estate of the said deceased __ Especially to Exhibit a true and Perfect Inventory thereof in the Registers Office at Lancaster within one month from this date and to render a Just and true Account of their Administration within one year or when thereto legally required Given under My hand and Seal of said Office by me & G ROSS Regr Persons named in this will: Testator: Zachaus DAVIS Father : Zaccheus DAVIS Father's brother: John DAVIS Sisters: Ann (& husband Willis DAVIS), Dinah (her daughters: Hanah HANADAY, Sarah KYLE, Mary SCOTT), Mary (her son Obiah PARK), Elizabeth CARTER (husband Thomas CARTER), Sarah FEREE (her children by James DAVIS; 7 (?6?) in number), Hannah GORDEN (husband John GORDEN; three children), Sarah's daughter Elizabeth DAVIS Sarah's son Thomas DAVIS Ann's daughter Sarah RYNE (husband Daniel RYNE) Sister's son Zacheus PIERSOL (also spelled Percel; son of Dinah) Willis DAVIS' son William DAVIS Brother: Jenkin DAVIS (his three sons) Cousin Catharine DAVIS, daughter of Gabriel DAVIS Cousin Edward SMITH Relations: William SMITH & Gabriel DAVIS named as Executors Isaac DAVIS & Richard DAVIS' Estates; Henry REAM Esq Lessee: Henry SAUSMAN Owners of adjoining lands: Jacob SENSEMY, John WAGGONER Witnesses: John DAVIS, Henry SAUSMAN, Elizabeth SAUSMAN Register: George ROSS Notes: 1. The words in italics are my questions/interpretations of the copy of the microfilmed document. 2. What are the correct dates of writing the will & its codicil and of the proving of them? 3. In Wales, the name spelled DAVIES is pronounced as we here pronounce the name spelled DAVIS 4. In his father, Zaccheus DAVIES' will, one heir is Abia PARK; he is presumably same as the Obiah PARK named in this one. Transcribed by Anna Brown from FHL Film # 0021356 Lancaster County Will Books E- F; Book F pages 460-466