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Probate Document Attached to 1820 Will of John Davis.
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1850 (Creation)
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1 page of textual records
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Folded copy of the 1820 Will of John Davis titled Administration (with the Will and Codicil annexed) of the unadministered Goods of John Davis, deceased. Dated 2nd January 1850. Extracted by Slade, Wadeson & Crickitte, Proctors; Doctors' Commons. Attached is a probate document from 1850.
The transcription of the Last Will and Testament is as follows:
"In the Name of God Amen. I John Davis of Albany Factory Hudsons Bay in North America being in perfect mind and memory do hereby declare this to be my last will and testament hereby revoking all former wills by me made. I give and bequeath whatever money or sums of money I may be posessed of or may be due to me at the time of my decease to my brother William Davis and likewise my sister Ann Davis both of London to be put out at interest for the use and benefit of my wife Nancy and my children who may be alive at my decease share and share alike. And my will and desire is that in case of the death of my wife or the death of one or more of our children the interest or annuity arising from the above mentioned money shall be applied as aforesaid for the use of the survivor or survivors of my children and further my will and desire is that on the death of all my aforesaid children then and in that case I give and bequeath the whole of my money aforesaid to the issue of my two sons John and William and to their heirs forever. If no such issue should be alive at the decease of all my children I bequeath the aforesaid money to my brother or his heirs forever. And I do hereby appoint my brother William Davis and my sister Ann Davis the executors of this my said will. And I bequeath to my brother William Davis one hundred pounds sterling and to my sister Nancy ten pounds sterling to purchase a trinket in remembrance of an affectionate brother and to my other sisters I give five pounds sterling likewise to purchase a trinket in remembrance of me and that these legacies be paid directly after my decease in witness whereof I have hereunto set my hand and seal this 31st day of August in the year of our Lord one thousand eight hundred and twenty. John Davis, LS, signed, sealed, published and declared by the above named John Davis to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses. Jacob Corrigal, Robert Elliott Byfield.
The transcription of the Codicil is as follows:
Codicile to my will made in the summer of the year eighteen hundred and twenty and which Will is in possession of my wife Nancy I now will desire and do appoint Thomas Vincent Esquire Chief Factor to the Hudsons Bay Company a joint executor to my last Will jointly with my brother William and my sister Nancy Davis. I am induced to add this codicil to my Will on reflecting on the uncertainty of life and the situation I leave my dear wife and the children I leave with her in particular my mind will then be relieved from a load of anxiety as my highly esteemed friend is one to whom I can look up with confidence and I flatter myself myself Thomas Vincent Esquire will in case of my death accept of my Silver Hunting watch (No. 3923) and five guineas to purchase a ring or other trinket to keep in remembrance of me. In witness whereof I have hereunto set my hand and seal the 9th day of September in the year of our Lord one thousand eight hundred and twenty-two. John Davis, LS, signed, sealed, published and declared by the above named, John Davis, in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. D R Steuart. Erland Erlandson. Extracted by Slade, Wadeson, Crickett & Appach, Proctors Doctors Commons.
A probate document attached to the Will and Codicil is transcribed as follows:
John Bird by divine province Archbishop of Canterbury, Primate of all England, and Metropolitan, to our well-beloved in Christ "Elizabeth Davis, Spinster, the natural and lawful daughter of John Davis late Chief Factor of Hudsons Bay in North America deceased, Greeting: Whereas the said John Davis having wilst living, and at the time of his death, goods, chattels, or credits, in divers diocese or jurisdictions: did (as is alledged) in his lifetime rightly and duely make his Last Will and Testament with a Codicil (hereunto annexed) and did therein name his brother William Davis and his sister Ann Davis Spinster and in the said Codicil Thomas Vincent Esquire Executors. And whereas in the Month of November 1825 the said William Davis alone took upon himself the Probate and execution of the said Will and for some time intermedeled in the Goods of the said deceased. And whereas the said William Davis survived his Co-executors and died on or about 16th August 1848, intestate leaving part of the said goods unadministered and whereas the said deceased did not in his Will and Codicil name any Residuary Legatee and Nancy Davis, Widow, the Relict of the said deceased died without having taken upon her the Letters of Administration with the same annexed of his Goods, Chattels and Credits"
AND WE, being desirous that the said Goods, Chattels, and Credits, may be well and faithfully administered, applied, and disposed of according to Law, DO therefore by these Presents grant full Power and Authority to you, in whose fidelity we confide, to administer and faithfully dispose of the said Goods, Chattels, and Credits left undadministered according to the Tenor and Effect of the said Will; and first to pay the Debts of the said deceased which he did owe at the time of his death, and afterwards the Legacies contained and specified in the Will, so far as such Goods, Chattels, and Credits, will thereto extend and the Law requires: You having been already sworn well and faithfully to administer the same, and to make a true and perfect Inventory of all and singular the said Goods, Chattels, and Credits left unadministered and to exhibit the same into the Registry of Our Prerogative Court of Canterbury, on or before the last day of July next ensuing; and also to render a just and true Accompt thereof. And we do by these Presents ordain, depute and constitute you Administratrix of all and singular the Goods, Chattels, and Credits of the said deceased (with the said Will annexed).
Left unadministered as aforesaid. Given at London the 2nd day of January in the year of our Lord, One thousand eight hundred and fifty in the second year of our translation
(Signatures not clear--deputy registers)
Sworn under two thousand pounds and that the testator died on or about 3rd Sept 1824. R A Former grant Nov 1825 sworn under same sum. Extracted by Slade, Wadeson & Crickett, Proctors Doctors Commons.
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