In the name of God Amen:  I John Davy Sr. of the County of Tuscarawas and State of Ohio considering the uncertainty of this mortal life, and now being weak in body but of sound mind and memory do make and publish this my last will and testament in manner and form following namely.

First—  I give and bequeath unto my beloved wife Ruth Davy all and singular the property that I possess both real and personal during her life time, and at her death I direct my executor to sell my real and personal property (except the items hereinafter bequeathed) either at public or private sale as he may think most advantageous for the heirs and on such reasonable payments as shall be thought best in order to serve a fair sale and after defraying all expenses and just debts that may remain on account of my said wife Ruth or otherwise legally chargeable to my estate together with all funeral expenses. I direct my executor to divide the proceeds of my said estate amongst my children viz. Charlotte Otis, William Davy, John Davy, Ruth Herron, Ezra Davy, Henry Davy, Emanuel Davy, Edward Davy, and Eliza Ann Strawn giving to each share and share alike after deducting all advances heretofore by me made to my said children and charged to them on account or that may hereafter be made to said children by me. I give and bequeath to my son William Davy my desk, I give and bequeath to my daughter Ruth Herron my clothes press, and further I give to my three daughters Charlotte Otis, Ruth Herron, and Eliza Ann Strawn all my household and kitchen furniture including beds, bedsteads and bedding to be equally divided amongst them by themselves if they shall not otherwise agree. It is my request that Emanuel Davy or who ever may occupy my farm at the death of my wife shall have the tenants share of all crops in the ground or the benefit of ground prepared for crops so that said tenant shall not be dispossessed without reasonable time to arrange his farming interest in said farm.

Lastly—  I appoint my son William Davy executor of this my last will and testament authorizing him to sell the above name property without being appraised if he shall think best so to do. I hereby revoke all former wills by me made.

In witness whereof I have hereunto set my hand and seal this 10th day of March A. D. 1849.

John Davy Sr. (Seal)

Signed, sealed, published and declared by said John Davy Sr. to be his last will and testament in the presents of us who signed the same in his presents and at his request.

Israel S. Lappin, John Sparks

[Proving the will, 45 days afterward]

At a Court of Common Pleas begun and held at the court house in the Town of New Philadelphia within and for the County of Tuscarawas and State of Ohio, on the twenty fourth day of April in the year of our Lord one thousand eight hundred and forty nine, in the proceedings of said court are the following viz.

The last will and testament of John Davy Sr. decd. was brought into court and the witnesses to said will viz. Israel S. Lappin and John Sparks came before the court and being duly sworn and affirmed depose and say that the said decd. signed and subscribed the said will at the end thereof in the presence of said witnesses that they said witnesses attested and subscribed the said will as witnesses in the presence of said decd. that the testator at the time of executing said will was of full age of sound mind and memory and not under any restraint which testimony is hereby reduced to writing and filed and the court being satisfied that said will has been duly executed attested and proved as aforesaid the same is admitted to probate whereupon on motion it is ordered that letters testimony with the will annexed issue to William Davy the executor named in said will and order that bond be given in the sum of eight thousand dollars, with Edward Davy and Solon Strawn as sureties who are approved as such. John Sparks, Ephraim L. Sparks, and John Baily are appointed appraisers of goods.

A record Attest Charles H. Mitchener, Clerk

Davy family genealogy database

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