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Note: l Book D p419-423 (LDS:183232):
Wife Rachel, Samuel DAVIS-eldest son. Other children: William, James,Mary WHEELER, Eleanor, Elizabeth HURT, Ann TOTTEN, Thomas, who isfeebleminded, plus 3 youngest. Exec. son Samuel DAVIS and brother SamuelDAVIS.
Death: Correspondence between Eileen D. HARLOW, 340 South 100 East,Brigham City, UT 84302, and James L. PEEL,1260 Meadow Lane, Frankfort, KY40601-4574 re court cases involving children of John and Rachel:
"I do recall that there was a Lawsuit by the heirs of John DAVIS andfor sure I know of the squabbles that Samuel's heirs had. Some ofSamuel's heirs challenged his will on the basis that he lacked the mentalcapacity at that time to make a will. It wasn't settled until 1856 wheneveryone agreed to set aside the will and divide the estate equally.
"One DAVIS suit involved a guardian who had housed a devisee in acabin near the slave cabins, used her as a servant and then charged herpart of the estate for her board and other expenses. The DAVISesapparently had a high regard for money.
"Others and I have wondered why the John DAVIS children marriedearly even for the times. We have concluded that Rachel WEST wasmentally ill and that her children may have used marriage as a way to getaway from home. Included are two pages of testimony from the Lawsuit ofthe Samuel DAVIS heirs that deal with the state of mind of Rachael WESTDAVIS. The translation of poorly written script into present day Englishis not easy but the effort is worthwhile. When Samuel is quoted assaying, "We whisters", he is using an old Scottish word for whispers.Together Samuel and Nancy must have been quite a pair."
(Following is page 2 and 3 of testimony mentioned above. PEEL gave nosource and didn't include p. 1 and 4.)
"? by same. Were you acquainted with the mother of the said SamuelDAVIS and if so, what was her condition of mind."
Answer: "I have seen the woman often that was said to be his mother. Ihave no doubt that she was his mother. She was John DAVIS' wife and JohnDAVIS was the father of Samuel DAVIS. His mother was wrong in mind therewas no doubt about that, she said to that way."
"by same. Had or not Samuel DAVIS a brother names Thomas DAVIS, andif so, what was the condition of his mind."
Answer: He had, and any body that know him, know he was deranged, andnot in his proper mind. I reckon that that is give uo.:
"by same. Was or not Samuel Davis, decd, a very weak minded man,and very much under the influence and control of his wife and sons."
Answer: That I cannot tell, I never visited the family enough to know.What I may have heard from others is not evidence. When I would betalkin with him, about trading with him, he would say we, whister. itwas a saying with him I could not tell, that was what he most generallysaid. Deponant says he is 69
years old from the best information he has."
"Question by defendants by their counsel: How long was the motherof Samuel DAVIS deranged from your knowledge.:
Answer: "She was smartly that way frm the first years, and furtherdeponant sayeth not." Archer FERRELL.
"Also the deposition of Elsey WHEELER, taken at the same time andplace to read as evidence in the same suit, being of Lawful age and firstduly sworn deposith & sayth,
Question by Complts (sic)--Had you or not a trade with Samuel DAVISdecd about a cow and if so, state what took place in regard to the trade.
Answer: "Yes I had a trade with Mr. DAVIS about a cow. I went some twoor three times in relation to the trade, he said he would talk to the oldlady. It was my understanding when I first went to see the old man, thatI should have a young heifer with her first calf, the 2nd or 3rd time Iwent I cant say which, the old lady had concluded I should have an oldcow, some 7 or 8 years old, I most think 8, at $12, and if I did not givethat, I should not have her. I took the cow at $12. my partner had atrade with Mr. DAVIS about some wheat, he refused to let me have thewheat until he seen the old lady. This was after the trade was made, herefused to let me have the wheat, I by same: did or not the wife andsons .....(need p.4)
Note: Death: Will of John DAVIS, dated 3 Jun 1817, appraised 22 Aug 1817. SeeGarrard Co., KY Wil
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