1792 Sarah “Sally” Smith (1792-?) m. Col. Elnathan Davis (1782-1820)

Sarah “Sally” Smith (1792-?) m. Col. Elnathan Davis (1782-1820)

Parents:

Children: 

  • Amos Davis 1809–
  • Abraham Smith Davis 1810–1859
  • John Davis 1811–
  • William Davis 1812–
  • Elnathan Davis 1813–
  • Mary A Davis 1814–
  • Sarah C Davis 1815–

Siblings:

FACTS and NOTES: 

1806 May 31 – Will Book A, p 202-204 – Last Will and Testament of Abraham Smith
… first, I give & bequeath to my son John Smith 200 acres of land joining Clanton land being part of the tract where he now liveth, and what money he oweth, and also a negro wench, named Rachel; and to my daughter Polly Humphries … 100 acres of land where she now liveth …
… to my daughter Hannah Alexander I will & bequeath that negro wench she “received of me named Winney,
… to my grandchild Polly Alexander I will and bequeath a negro girl named Sarah.
… to my grandchild Abraham Alexander I give and bequeath my young mare or filly that is about 3 years old black colored.
… to my son Henry Smith I will give and bequeath the old survey whereon he now liveth in York District at the Ford containing aboue 100 acres also the land adjoining to him formerly granted to Bridges, including the place granted to his grandfather whereon Joseph Luck lived. Also the negro fellow named Harry which he is now in possession of.
… to my son Joseph Smith I give and bequeath the remainder of that tract of land upon Thickety Creek formerly called Stockotits land adjoining below his brother John, and my negro fellow named Tom.
… to my son Daniel Smith I give and bequeath a part of the land whereon or adjoining to that, I now live on beginning upon Young’s old line E side of the Creek, running down the branch where Murpheys School House stood, crossing the Creek near the mouth of said branch and there a straight course to the Upper Kelleys old field with all below adjoining Morgans land. Also my negro fellow named Ned.
… to my daughter Sally Smith I give and bequeath my negro wench named Jude also and her child called Nancy with my negro girl called Fall, and also a good bed and furniture. With his youn a sorrel mare and saddle with household furniture proportionable to what her married sister has already received.
… to my well beloved wife Molley Smith I give and bequeath all the remainder of my land whereon I now live to be enjoyed by her as her natural rite during her life or widowhood, also my negro wench Hannah and sons and Kate to divide as she pleaseth, and also my three negro fellows named London, Pompey and Mark for the purpose of working the plantation whilst she liveth in widowhood, for the purpose of raising and educating my two youngest children and then to be disposed amongst my children as she pleaseth.
… to my son Moses Smith I give and bequeath the remainder of my land where I now live at his mother’s death or marriage, also my negro boys named Jacob and Charles
… next to my daughter named Kattey Smith I give and bequeath my five little negroes, Dave, Arnold, Sam, Faun, and Cloi to be given to her if they all should live by my executors, when she is married or of full age.
… my son Moses Smith to have his two negroes if they should live when he is of full age.
… next my will is that my executors sell the remainder of my land to the best advantage they can and collect the debts due to my and all my well beloved wife to divide it amongst all my children as she thinks best, and also the merchantable produce ready made to be eauqlly divided amongst my unnamed children.
… my waggon & house I will that they kept on my executors for upon the farm for the benefit of my widow and two youngest children.
… the remainder of my estate consisting of goods and chattles my will is that my executors after paying my lawful debts divided in the most equitable manner they can.
… I hereby appoint my well beloved wife Molley Smith and my son Joseph Smith executors of this my last will and testament. Signed, sealed published and declared to be my last will and testament this 31 of May 1806.
Signed: Abraham Smith
Wits: Nicholas Corry, Henry Good, Spencer Morgan
Recorded in Will Book A, pages 202-204. May 31, 1806.
Probated June 14, 1808. Notes: Will Books, Vol A-C, 1792-1868. Will Bk A, pgs 97-101.
South Carolina, U.S., Wills and Probate Records, 1670-1980. Union County, South Carolina
https://www.ancestry.com/sharing/29890880?h=ecb979 (pgs 97-98)
https://www.ancestry.com/sharing/29890893?h=642a8b (pgs 99-100)
https://www.ancestry.com/sharing/29890898?h=c7b112 (pg 101)

1808 Oct 4 – Estate of John Martin decd to William Smith, York Dist, SC … between Richard Sadler Esqr Sher of York Dist in the State afsd of the one part and William Smith of Yorkville in the Dist and State afsd of the other part …. John Martin in his lifetime … at the sime of his death was seized … of land in the Dist and State afsd on Bullocks Creek intended to be hereinafter described …. after the death of said John Martin, Elizabeth, James Martin, and Joseph Palmer duly obtained letters of adming …. Andrew Boddan obtained and entered up his judgment against said Elizabeth Martin admx and Joseph Palmer two of the admins, James Martin not being found, for the sum of 170 dollars and 42 cents and 20 dollars and 11 cents for costs … John Winn, Benj Waring, and William Miles obtained and entered up their judgment against Elizabeth Martin admx and James Martin and Joseph Palmer admin for the sum of 709 dollars and 89 cents …. Richard Sadler, esqr, Sherr of York Dist … zeized upon … the said plantation or tract of land .. public auction … William Smith for the sum of 1200 dollars being the highest and last bidder … land lying on both sides of Bullocks Creek … E side of Creek by John Hartness line at time of original survey, now E. Davis’ line …. 300 acres …
Signed: Richard Sadler
Wit: John McCaw, William McCaw
Discovery & relief, 1822, No 16. Bills, packet nos. 16-25. York Dist.
State of South Carolina, York District
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-LZH6?cat=115023

1820 Oct 25 – John Thompson admin of estate of Elnathan Davis w bond of 15,000 dollars with Alexander Thompson and John S Moore sureties p. 122 Probate Minutes & Journals. York Co, SC
https://www.familysearch.org/ark:/61903/3:1:939L-JX9H-BM?i=80&cc=1919417&cat=24663

1821 June 12 – In Equity. Petition for Guardianship
… Petition of Mrs Sarah Davis the widow and relict of Col. Elnathan Davis shewith unto your honor that Amos Davis, Smith Davis, John Davis, William Davis, and Elnathan Davis, sons of your petitioner are infants under the age of 14 years, and Mary Davis and Sarah C Davis are infant daughters of your petitioner under the age of 12 years, that they are entitled to a considerable real and personal estate, and have no guardians. Your petitioner therefore prays that Captain John Thompson be appointed Guardian of their real and personal estate and your petitioner as …. bound will … your mercy.
Signed: Sally Davis
Petitions, packet nos. 1-98, York County, South Carolina
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-LSQ4-V?i=16&cat=115023

1824 Nov 4 – Mary Smith to Amos Davis, bk S, p 498 Union Co, SC.
… I Mary Smith of the said State and District …. in consideration of the sum of 350 dollars … paid by Amos Davis of the State and Dist aforesaid … sell unto Amos Davis … the lands willed by Abraham Smith decd to me during life and at my death to Moses Smith (my son, to him …. being in the State and Dist aforesaid and to the said Moses Smith having died intestate and without heir the fee simple is by the Act of Distribution is vested in me and in consideration of the same above named paid by the said Amos Davis to me I have granted … and undivided 1/8th of said lands lying in the State and District aforesaid on both sides of Gilkeys Creek and … release unto him the said Amos Davis the premises above ….
Signed: Mary Smith
Wit: Sarah Davis, Amos Davis Jr
(recorded Sept 17, 1827)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-L152?i=482&cat=340217

1824 Nov 5 – Mary Smith to Amos Davis, bk S, p 500 Union Co, SC.
… I Mary Smith of said State and District … in consideration of the sum of 350 dollars to me paid in hand by Amos Davis … sell unto Amos Davis … an undivided 1/4 of all the land willed by Abraham Smith decd to me during life and at my death to Moses Smith my son to him forever being in the State and Dist aforesaid … the said Moses Smith having died intestate and without heirs the fee simple is by the act of distribution vested in me … said land lying in the State and Dist aforsd on both sides of Gilkeys Creek …
Signed: Mary Smith
Wit: Sarah Davis, Amos Davis (Note: must be Jr)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-L1JH?i=483&cat=340217

1825 Jan 4 Deed bk S, p 102 – I John Bates, Sheriff of Union Dist … by virtue of a writ of Firie Facias issued out fo the Court of Common Pleas held for the Dist of Union the 3d Monday of March 1820 at the suit of E.N. Davis and William Mitchell to me directed commanding me that the goods, chattles, lands and tenements of Daniel Smith to levy the sum of 200 dollars damages plus costs … I have seized and taken the land and tenaments of the said Daniel Smith … tract of land containing 336 acres … in the Dist of Union lying on both sides of Gilkies Creek … John Jeffries corner … 336 acres being the 1/8th part of said land or the interest said Smith has in the same the same being willed to Moses Smith the brother of the said Daniel by his father Abraham Smith decd and all the interest that Daniel Smith has in any land adjoining the above described land owned by Moses Smith decd… purchased by John Jefferies Esqr of the Dist of Union for the sum of 150 dollars being the highest sum … and all the interest estate right and title which the said Daniel Smith of right …
Signed: John Bates
Wit: Samuel Harris, DA Mitchell.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-L195?i=284&cat=340217

1827 Sept 20 – Samuel Hoey to John Jeffries Esqr, bk S, p 499, Union Co, SC
… I Samuel J Hoey of the State and Dist aforesaid … in consideration of 630 dollars … paid by John Jeffries Esqr … release unto the said John Jeffries Esqr three undivided 1/8ths of a certain tract or parcell of land … in the State and Dist aforesaid on both sides of Gilkey’s Cr …. containing 336 acres … being the land on which Abraham Smith died, left to his wife for life and after her death to his son Moses … the above mentioned 3/8ths are the three individual interests purchased from Ms Sarah Davis, Dr. Samuel D. Alexander and wife, and Dr. William Richards and wife by Amos Davis and conveyed by said Amos Davis to me which since three undivided eigths of said land … I do grant … sell and release unto the said John Jeffries Esqr …
Signed: S Hoey
Wit: William Jeffries, Lyman Walker, Joseph Ashworth.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSKJ-L152?i=482&cat=340217

1831 Nov 14 – Sarah Davis applicant v John Smith, Daniel Smith & Sarah Davis, William Richards in right of his wife Catherine, Samuel Alexander in right of his wife, Joh Humphreys in right of his wife Polly and the heirs of Henry Smith being 9 of them, Defendants.
To Daniel Smith, John Smith, John Humphreys in right of his wife Polly, Dr William Richards in right of his wife Catherine, Dr Samuel Alexander in right of his wife Hannah, Henry Smith decd heirs viz: Benj Morgan in right of his wife Rachel, Abraham J. Smith, John Smith, and Abraham Smith guardian of Henry, Nathaniel, Sarah, James, Eleanor & Sintha heirs at law of Henry Smith aforesd decd, legal heirs and representatives of Henry Smith & legal representatives of their father who is one of the heirs at law of Mary Smith who decd intestate, Greeting.
You are hereby required to appear at the court of ordinary to be holden at York Court … on the 4th day of Nov 1831 to shew cause if any you can why the real estate of Mary Smith widow of Abraham Smith decd situate in said district on Looes Creek a branch of Bullock’s Creek bounding on the N by lands of John Leech, E by John Thompson, S by John Thompson & Gordon Moore & containing by estimation 230 acres originally granted to Abraham Smith should not be divided or sold allotting to the said Sarah Davis 1/7th part thereof & the remainder in like equal parts to each of the aforesaid heirs at law being six of them the heirs at law of Henry Smith taking among them being 9 in number the part their father would have been entitled if living …
Signed: Benj Chambers, Ordinary, York Dist
Real estate books, 1825-1867 pg. 48. York Co, SC
https://www.familysearch.org/ark:/61903/3:1:939L-JVS4-YC?i=30&cc=1919417&cat=78484

1832 June 11 – Tilman Stone applicant v. Robt Curry gdn of WD Curry in right of his wife Jane, John Smith in right of his wife Sarah, Sarah Davis gdn of Margaret Boyd defendants, legatees of Jos Boyd decd last will and testament. Writ in Summons.
… (Division) …
Real estate books, 1825-1867 pg. 75. York Co, SC
https://www.familysearch.org/ark:/61903/3:1:939L-JVS4-92?i=43&cc=1919417&cat=78484

1833 Jan 23 – Settlements – Sarah Davis one of the heirs at law of Mary Smith decd applicant v. the other heirs at law of said decd estate Defendants. Summons in Partition
… received of Benj Chambers ordinary of York Dist being appointed guardian for six of the minor heirs at law of Henry Smith decd, one of the heirs at law of said decd, viz Henry, Nathaniel, Sarah, James, Eleanor, and Santha, each 11 dollars and 24 cents …
Recd of Benj Chambers ordinary of York Dist 11 dollars 24 and 1/2 cents at full of the distrib share I am entitled to one of the heirs at law of Henry Smith decd in the above state case Feb 12, 1833
Signed: Abraham J. Smith
Recd of Benj Chambers ordinary of York Dist 11 dollars 24 and 1/2 cents at full of the distrib share I am entitled to one of the heirs at law of Henry Smith decd in the above state case Feb 12, 1833
Signed: John Smith Jr.
Recd of Benj Chamber ordinary of the Dist of York one dollar for carrying chain surveying land and 2 dollars 87 cents land tax … in all 3 dollars 87 cents Feb 12 1833
Signed: Abraham J Smith
Benj Chambers ordy of the Dist of York 101 dollars and 20 cents in full of the dist share that John Humphreys in right of his wife Mary is entitled to of the State of Mississippi, Lowndes County, they having authoried me by power of attorney to receive the same answer from the sale of the real estate of Mary Smith decd as within state March 4, 1833
Signed: Amos Davis, Attorney
Recd of Benj Chambers ordinary of York Dist 11 dollars 24 and 1/2 cents in full of the Distribution share which I am entitled to as attorney of Benj Morgan of the State of Tennessee, Rutherford County, May 6th, 1833.
Signed: Abraham J. Smith
South Carolina, York Dist, Oct 29th, 1833.
Recd of B Chambers ordinary in the District aforesaid 101 dollars 20 cents, us full of their distributive share of the real estate of Mary Smith late decd of the State of Alabama sold to make partition among the heirs at law as a power of attorney will more fully shew authorizing me to collect and receipt for the share which Samuel D Alexander is entitle to in right of his wife Hannah one of the heirs of said deceased.
Signed: J. McLuny, Atto.
South Carolina, York Dist} Recd 11th Dec 1833 of B Chambers ordinary of the Dist of York 101 dollars 20 cents in full of the distributive share of John Smith to a tract of land sold by order as the estate of Mary Smith decd of the State of Alabama to make partition among the heirs at law of said Mary Smith decd, The amt recd by me as the share of John Smith due of the heirs and by John Smith by order directed to be paid to T N Dawkins and by T N Dawkins as for order divided to be paid to me.
Signed: J. M. Cooper
Recd March 26, 1834 of Benj Chambers ordinary of York Dist one hundred and one dollars and 20 ct it being Daniel Smith’s distributive share of a tract of land sold by the ordinary of York Dist as the property of Mary Smith for partition among the distibutees of said Mary Smith a suit is now pending in the Court of Equity between us the undersigned and it is understood that this receipt is not co-effect the decision of said suit but to releave the ordinary from any liability to either of us.
Signed: Thomas N Dawkins, Aaron Wilkins
Real estate books, 1825-1867 pg. 123. York Co, SC
https://www.familysearch.org/ark:/61903/3:1:939L-JVS4-H9?i=67&cc=1919417&cat=78484

1835 – Sarah Davis etal v. Saml Wright * Thos Whitesides admn v. John Thompson
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-L9N1-B?i=337&cat=115023
Complaint
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-L9JD-S?i=338&cat=115023
Answer
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-L9J7-F?i=343&cat=115023
Exhibit – Accounting for Elnathan Davis’ estate (16 pgs)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-L9JW-S?i=351&cat=115023
Exhibit – Elnathan Davis’ children sent to Lawson Clinton a teacher when minors
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9P1-L9NN-9?i=366&cat=115023