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Sumner Davis
Warren County, North Carolina
 


Son of Trip Davis & Esther Davis

Sumner Davis, born 1832, died Sept. 1898 Warren Co., NC, was born a slave, the 2nd of 4 sons of Trip & Esther Davis. Sumner lived in Warren Co. with his wife, Mary Davis, whom he had married in 1855 while enslaved; although there are other records for Sumner, I have not found him in the 1880 census and he appears in the 1870 census listed as Solomon Davis. Sumner & Mary were the parents of at least 4 children: (1) James, b. 1855, I haven't been able to identify him after 1870, however, he was apparently dead by the time of his father's death in 1898.  (2)  Gracie, b. 1862, d. December 1879 in Warren Co. from dropsy, according to the 1880 Mortality Schedule. She married on April 3, 1878 in Warren Co., to Edward Dowtin (1833-1900/1910), the son of Adam Milam & Minerva Twitty, also slaves who were deceased prior to the time of the emancipation of all slaves at the end of the Civil War in 1865. Dowtin later married Gracie's 1st cousin, Alice Davis (1859-1932), who was the daughter of Sumner's brother, Thomas Davis.  (3) Maria, b. 1865, d. unknown. Although I haven't found Maria after 1870 when she was 5 years old, she may have been the mother of Eddie Green, who was named as Sumner's grandson in his will.   (4) Peter, b. 1868, another child who does not show up in any records other than the 1870 census, he was also apparently dead by 1898.  All of Sumner's children were apparently deceased by the time of his death in 1898 because he left his property to his grandson and his brothers, while none of his children were mentioned. Also, although his brother, Thomas Davis, was listed as an heir in Sumner's will, he apparently had died between the writing of the will and the date of probate because Thomas' own surviving children became the heirs in his place.  There was a lot of sickness going around at the time, an 1896 report issued by the North Carolina Board of Health listed multiple incidences of typhoid, whooping cough, influenza and an epidemic of measles, so it is very likely many family members died around the turn of the century.

Will of Sumner Davis
Warren County, North Carolina
Probated September 1898

 

In the name of God, Amen; Know all men by these presents, that I, SUMNER DAVIS, of the County of Warren and State of North Carolina, at this time of sound mind and clear memory to arrange my worldly affairs, do make this instrument of writing to be & contain my last will and testament, in manner & form as follows-
 
1st – I give to my wife MARY twenty-five acres of land to contain the House during her life, at her death I give same to my grandson EDDIE GREEN.
 
2nd – I give to my grandson EDDIE GREEN the residue of my land which by survey will be forty nine acres.
 
3rd – If EDDIE GREEN should die without any Heirs, I give all of the Seventy-four acres of land, which will be his at my wife’s death, equally between my brothers JAMES T. DAVIS THOM DAVIS and JERRY DAVIS if any or all of them should be dead to their legal Heirs at law.
 
4th – I give to my wife MARY one third of all of my personal property of every description.
 
5th – I give to my grandson EDDIE GREEN two thirds of all of my personal property of every description.
 
6th – I want all of my finest debts to be paid out of my personal property before this division in Sections 4 and 5.

7th – I hereby appoint my brother JAMES T. DAVIS executor of this my last will and testament.
 
Witness my hand and seal this 14th day of July A.D. 1898.
SUMNER DAVIS (“X” his mark)
 
Witness
M. T. DUKE
S. R. DUKE
JERRY ALSTON
 
 
 
North Carolina, Warren County
In the Superior Court, Before Wm. A. White, Clerk
In the matter of the will of S. DAVIS, deceased
 
A paper writing purporting to be the last will and testament of SUMNER DAVIS, deceased, is exhibited before me for probate by JAMES T. DAVIS, the executor named therein, and the due execution thereof by the said SUMMER DAVIS is proved by the oat and examination of M. T. DUKE and S. R. DUKE, subscribing witnesses thereto, who being duly sworn, depose and say, that they are subscribing witnesses to the paper writing shown them, purporting to be the last will and testament of SUMMER DAVIS, deceased – that the said SUMMER DAVIS, the testator aforesaid, did at the time of subscribing his name as aforesaid, declare said paper-writing , so subscribed and exhibited, to be his last will and testament; and that they subscribed their names at the end of said will as attesting witnesses thereto, and at the request and in the presence of the said testator, and that the said testator when he subscribed his name to said last will and testament as aforesaid, and at the time of deponents subscribing their names as attesting witnesses thereto, as aforesaid, was of sound mind & memory, of full age to execute a will, and was not under any restraint, to their knowledge, information or belief.
 
And thereupon the said paper writing is adjudged, with every part thereof, to be the last will & testament.
 
 
End
 
 
SUMMER DAVIS INVENTORY, 1904
Warren County, North Carolina Accounts 1891-1914
Pg. 226

The following is an inventory of the personal property belonging to the Estate of SUMNER DAVIS, deceased, late of Warren County, which has come into my hands as the Administrator, a.b.n.c.t.a, of said SUMNER DAVIS, deceased. Viz:

Amount turned over to me by H. A. Boyd, Commissioner, being balance of the proceeds from sale of the Sumner Davis land sold by him under order of Court in the Special Proceedings entitles JAMES T. DAVIS, Executor of SUMNER DAVIS vs MARY DAVIS et al ________________$128.46

ROBERT Y. DAVIS
Admr. d. b. n. c. t. a.
of Sumner Davis, deceased.

Sworn to and subscribed
Before me this 15th day
of August 1904.
J. R. RODWELL
D.C.S.C.

Warren County, North Carolina ,SPECIAL PROCEEDINGS/ORDERS & DECREES 1901-1907, Book 3, Pgs. 1 - 15
No. 206

Warren County- In the Superior Court

Summons for Relief:
Jas. T. Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis, Eddie Green,
Henry Davis, Ed Dowtin,
Alice Dowtin, Garfield Davis,
Ben Davis, Ann Powell,
Richard Powell, Wm. Davis,
Tripp Davis, Jere Davis and
Thomas Davis

State of North Carolina to the Sheriff of Warren County.

Greeting:
You are hereby commanded to summon Ann Powell, Richard Powell, William Davis, Tripp Davis, Thomas Davis & Jere Davis, the defendants above named, if they be found within your county, to appear before the Clerk of the Superior Court for the County of Warren at his office in Warrenton town on the 3rd day of January 1902, and answer the complaint, a copy of which will be deposited in the office of the said Clerk Superior Court of said County within ten days from the date of the service of this summons. And let the said Ann Powell, Richard Powell, William Davis, Jere Davis, Tripp Davis & Thos. Davis take notice that if they fail to answer said complaint within the time prescribed by law, the Plaintiff will apply to the Court for the relief demanded in the complaint.
Hereof fail not, and of this Summons make due return. Given under my hand and seal of said Court this 14th day of November 1901.

William A. White, Clerk Superior Court

Received November 16th, 1901 - After diligent search I fail to find Ann Powell, Richard Powell, William Davis, Tripp Davis, Thos. Davis & Jerry Davis the within named defendants in Warren Co. N. C.

R. E. Davis, Shff. Warren Co.
Nov. 20th, 1901
H. A. Boyd & T. Polk, Pltffs. Attys.

Warren County
In the Superior Court

Summons for Relief:
Jas. T. Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis, Eddie Green,
Henry Davis, Ed Dowtin,
Alice Dowtin, Garfield Davis,
Ben Davis, Ann Powell, Richard
Powell, William Davis, Tripp
Davis, Jere Davis, and
Thos. Davis

State of North Carolina to the Sheriff of Warren County, Greeting:
You are hereby commanded to summon Mary Davis, Eddie Green, Henry Davis, Ed Dowtin, Alice Dowtin, Garfield Davis & Ben Davis, the Defendants above named, if they be found within your County, to appear before the Clerk of the Superior Court for the County of Warren at his office in Warrenton town on the 3rd day of January 1902, and answer the complaint, a copy of which will be deposited in the office of the said Clerk Superior Court for the relief demanded in the complaint.
Hereof fail not, and of this summons make due return.
Given under my hand and seal of said court this 14th day of November 1901.

William A. White, Clerk Superior Court


Received Nov. 16, 1901 - I hereby deputize S. K. Clark to execute the within summons.
R. E. Davis, Shff.

Shff’s fee, $3.50 pd. by T. Polk.

H. A. Boyd & T. Polk, Pltff’s Attys.


Warren County
In the Superior Court

Summons for Relief:
James Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis, Eddie Green
& others

The State of North Carolina
To the Sheriff of Warren County - Greeting:
You are hereby commanded to summon B. G. Green, Guardian ad litem of Eddie Green, one of the defendants above named if he be found within your County, to appear at the office of the Clerk of the Superior Court, for the County of Warren, on this 3rd day of January 1902, and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court of said County within ten days from the date of this summons, and let him take notice that if he fail to answer the said complaint within that time, the Plaintiff will apply to the Court for the relief demanded in the complaint.
Herein fail not, and of this summons make due return.
Given under my hand, this 11th day of December 1901.

William A. White
Clerk Superior Court, Warren County



I hereby accept service of the within summons and copy of the Petition or Complaint in this Special Proceeding. This 11th day of December 1901.

B. G. Green, Guardian ad litem


North Carolina
Warren County

In the Superior Court before the Clerk

Petition to sell land for Assets
James T. Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis, widow of Sumner
Davis, Eddie Green, Henry Davis,
Ed Dowtin and Alice Dowtin, his wife,
Garfield Davis, Ben Davis, Ann
Powell and Richard Powell, her
Husband, William Davis, Tripp
Davis, Thomas Davis and
Jere Davis.

To the Honerable Clerk of the Superior Court of said Warren County:

The Petition of James T. Davis, Executor of Sumner Davis, deceased, respectfully showeth that the said Sumner Davis died in Warren County on or about the 1st day of July 1898 leaving a last will and testament wherein your Petitioner was constituted and appointed Executor of said Sumner Davis, as will appear on the records of said Court, that your Petitioner duly qualified as such Executor before the Clerk of the Superior Court of said Warren County on the 20th day of September 1898, and Letters Testamentary were duly issued to him on said date, as will also appear on the records of said Court, and that he at once entered upon the administration of said Estate.

Your Petitioner further showeth to the Court:
1st That from the best information and knowledge which he has been able to obtain, the outstanding debts of the said Estate amount to about one hundred & fifty five dollars

2nd That there is no personal property belonging to the Estate of said deceased.

3rd That at the time of his death, the said testator was seized in fee-simple of the following tract of land, viz: a certain tract of land in Fishing Creek Township, Warren County, State of North Carolina, adjoining the lands of W. J. White, Charles Haithcock, S. K. Clark and others, containing 74 acres, more or less, and being the same tract of land conveyed by deed from Jacob August and wife to said Sumner Davis on the ____ day of July 1872, less two acres sold off, and registered in the office of the Register of Deeds of said Warren County in Book 35 at page 170, and that the value of said tract of land is about Three Hundred (300) Dollars.

4th That said Sumner Davis, deceased left him surviving the following named devisees and heirs at law, viz:
Mary Davis, aged 70 years, residing in Warren County, N.C.
Eddie Green, aged 18 years, residing in Warren County, N.C.
Henry Davis, aged 35 years, residing in Warren County, N.C.
Alice Dowtin, aged 25 years, residing in Warren County, N.C.
Garfield Davis, aged 22 years, residing in Warren County, N.C.
Ben Davis, aged 21 years, residing in Warren County, N.C.
Ann Powell, aged 28 years, residence not known.
William Davis, aged 31 years, residence not known.
Tripp Davis, aged 30 years, residence not known.
Thomas Davis, aged 24 years, residence not known.
Jerre Davis, aged 62 years, residence not known.

5th That a sale of said land is necessary to pay the debts of his said testator and the costs of administration.

Whereupon your Petitioner prays:
1st That a decree may be made by this Court for a sale of said land on such terms as the Court may direct for the purpose of paying said debts and the charges of administration.
2nd That a Commissioner may be appointed to sell such land under the direction of the Court.

James T. Davis (“X” his mark) Ex’r. of Sumner Davis


Witness:
H. A. Boyd
This 20th day of November 1901.


North Carolina
Warren County

James T. Davis, Executor of Sumner Davis, deceased, being first duly sworn, says that the foregoing Petition is true of his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true.

James T. Davis (“X” his mark) Ex’r. of Sumner Davis


Sworn to & subscribed
before me this 20th day
of November 1901.
H. A. Boyd
Notary Public

Filed November 20th, 1901.
William A. White, Clerk Superior Court



North Carolina
Warren County
In the Superior Court
Before the Clerk

Application for Guardian ad litem
James T. Davis, Executor of
Sumner Davis, deceased.
vs
Mary Davis, widow of Sumner
Davis, Eddie Green & Others

To the Honerable Clerk of the Superior Court of said Warren County:

The Petitioner of the above entitled Special Proceeding, James T. Davis, Executor &c., respectfully shows to the Court, that Eddie Green, one of the Defendants in said Proceeding, for the sale of real estate to make assets, is a minor, 18 years of age, without general or testamentary guardian in the State of North Carolina, and that the said Eddie Green has been personally served with the summons in said Proceeding. Wherefore, the said petitioner hereby makes application to said Court to appoint some suitable and discreet person to act as guardian ad litem for said minor, to represent his interest in said Proceeding and to defend in behalf of said minor. This 2d day of November 1901.
James T. Davis, Executor (“X” his mark)

Witness:
H. A. Boyd


North Carolina
Warren County
In the Superior Court Before the Clerk

Appointment of Guardian ad litem
James T. Davis, Executor
of Sumner Davis, dec’d.
vs
Mary Davis, widow of
Sumner Davis, Eddie
Green & others

It appearing to the Court from the verified Petition and application in this Special Proceeding that Eddie Green, one of the defendants in said Proceeding, is a minor, 18 years of age, without general or testamentary guardian in the State of North Carolina, and that he has been personally served with the summons in said Proceeding, it is therefore ordered that B. G. Green be and he is appointed guardian ad litem for said minor to represent his interests in said Proceeding, and to and to defend in his behalf, as such guardian.
This 29th day of November 1901.
William A. White, Clerk Superior Court


North Carolina
Warren County
In the Superior Court Before the Clerk

Answer of B. G. Green Guardian ad litem of Eddie Green
James T. Davis, Executor or
Sumner Davis, dec’d.
vs
Mary Davis, widow of Sumner Davis
Eddie Green, Henry Davis, Ed Dowtin
and Alice Dowtin, his wife, Garfield
Davis, Ben Davis, Ann Powell and
Richard Powell, her husband, William
Davis, Tripp Davis, Thomas
Davis and Jerre Davis

Now comes B. G. Green, Guardian ad litem for Eddie Green and for his answer to the Plaintiffs petition says:
1st That he admits allegation 1.
2nd That he admits allegation 2.
3rd That he admits allegation 3.
4th That he is informed and believes that allegation 4 is true.
5th That he admits allegation 5.
B. G. Green, Guardian ad litem



North Carolina
Warren County

B. G. Green, Guardian ad litem of Eddie Green, being duly sworn says that the foregoing answer is true of his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true.
Sworn and subscribed to
before me this 31st Dec. 1901
William A. White
Clerk Superior Court



North Carolina
Warren County
In the Superior Court
Before the Clerk

Affidavit to Obtain Order of Publication
James T. Davis
Executor of
Sumner Davis, dec’d.
vs
Mary Davis, widow of Sumner Davis
Eddie Green, Henry Davis, Ed Dowtin
and Alice Dowtin, his wife, Garfield
Davis, Ben Davis, Ann Powell,
and Richard Powell, her husband,
William Davis, Tripp Davis, Thos.
Davis, and Jerre Davis.

Jas. T. Davis, being duly sworn, says: That in the above entitled Special Proceeding now pending in the Superior Court of said Warren County, the sheriff of said County has returned the summons issued to him in said Proceeding endorsed, “After diligent search I fail to find Ann Powell, Richard Powell, Jerre Davis, William Davis, Tripp Davis and Thomas Davis in Warren County,” that said Ann Powell, Richard Powell, Jerre Davis, William Davis, Tripp Davis and Thomas Powell <sic> cannot after due diligence be found in the State of North Carolina, that said Ann Powell, Richard Powell, Jerre Davis, William Davis, Tripp Davis, and Thomas Davis are proper parties to said Proceeding, that said Proceeding relates to real estate situated in aforesaid County and State and is instituted for the purpose of having said real estate sold to make assets, that said Ann Powell, Jerre Davis, William Davis, Tripp Davis, and Thomas Davis have or claim, a contingent remainder interest in said real estate sought to be sold.
Wherefore affiant prays that an order may be made by the court that service of summons be made on said Ann Powell, Richard Powell, Jerre Davis, William Davis, Tripp Davis, and Thomas Davis for publication in some newspaper published in said Warren County.
Jas. T. Davis (“X” his mark)

Sworn to and subscribed
before me this 20th
day of Nov. 1901.
H. A. Boyd
Notary Public


It appearing from the foregoing affidavit of James T. Davis in this Special Proceeding that Ann Powell, Richard Powell, Jerre Davis, William Davis, Tripp Davis, and Thomas Davis, some of the Defendants therein, are not to be found in said Warren County, and cannot after due diligence be found in the State of North Carolina, and it further appearing to the Court, that the said Defendants are proper parties to said Proceeding, that said Proceeding relates to real estate situated in Warren County, state of North Carolina, and is bought for the purpose of having said real estate sold to make assets, and that said Ann Powell, Jerre Davis, William Davis, Tripp Davis, and Thomas Davis, have, or claim, a contigent remainder interest in said real estate sought to be sold. It is therefore ordered that notice of this Special Proceeding be published once a week for six weeks in The Record, a newspaper published in said Warren County, setting forth the title of the Proceeding, the purpose of the same, and requiring the said Defendants to appear before the Clerk of the Superior Court for the County of Warren at his office in Warrenton, N.C. on the 3rd day of January 1902 and answer or demurr to the Petition in said Proceeding, or the relief therein demanded will be granted. This 20th day of November 1901,
W. A. White, Clerk Superior Court


North Carolina
Warren County
In the Superior Court before the Clerk

Order of Sale
James T. Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis, widow of Sumner Davis,
Eddie Green (a minor appearing herein
By B. G. Green, his duly appointed
Guardian ad litem), Henry Davis,
Ed Dowtin and Alice Dowtin,
his wife, Garfield Davis, Ben
Davis, Ann Powell and Richard
Powell, her husband, William
Davis, Tripp Davis, Thomas
Davis and Jerre Davis

This Special Proceeding coming on to be heard upon the petition of James T. Davis, Executor of Sumner Davis, dec’d, and the answer of B. G. Green, the duly appointed Guardian ad litem of the minor Defendant Eddie Green, and being heard, and it appearing to the Court that there is no personal estate of said Sumner Davis, dec’d., with which to pay the debts of said dec’d. and charges of administration, or any part of said debts and charges. It is therefore ordered and decreed that the land described in the Petition herein be sold and the proceeds be applied to the payment of said debts and charges. It is further ordered and decreed that H. A. Boyd be and he is hereby appointed a commissioner to sell said land, and that he sell the same at the Court House door in said Warren County, at public auction, to the highest bidder for cash, after having advertised the time, place and terms of sale for four successive weeks immediately preceeding said sale in The Record, a newspaper published in said County and for thirty days immediately preceeding said sale at said Court House door and three other public places in said County. And the said Commissioner is hereby directed to report his proceedings within ten days after said sale to this Court, where this cause is retained for further orders.
This 3rd day of January 1902.
William A. White, Clerk Superior Court
North Carolina
Warren County
In the Superior Court Before the Clerk

Report of Commissioner
James T. Davis, Executor of
Sumner Davis, dec’d.
vs
Mary Davis (widow of Sumner Davis),
Eddie Green, Henry Davis,
Ed Dowtin and Alice Dowtin,
his wife, Garfield Davis,
Ben Davis, Ann Powell and Richard
Powell, her husband, William
Davis, Tripp Davis, Thomas Davis,
and Jerre Davis.

To the Honorable Clerk of the Superior Court of said County;
By virtue of an order of the Superior Court of said Warren County, made in the above entitled Special Proceeding on the 3rd day of January 1902, I exposed to sale to the highest bidder, for cash at the Court House door of said Warren County, on the 10th day of February (it being the first day of the February term of the Superior Court of Warren County) at 12 o’clock M. after due advertisement, the tract of land mentioned and described in the Petition in this Special Proceeding, when and where W. G. Egerton became the purchaser thereof at the price of One Hundred and fifty dollars, that being the last and highest bid made; and the said purchaser stands ready to pay the purchase money for the said land upon the confirmation of said sale by this Court. I therefore recomment that the said sale be confirmed, as the price is, in my opinion, a fair and reasonable one, and that a a Deed be made to the purchaser upon payment of the purchase money. This 10th day of February 1902.
H. A. Boyd, Commissioner

Filed Feb’y 10th 1902
W. A. White, C.S.C.


North Carolina
Warren County
In the Superior Court Before the Clerk

Decree Confirming Sale
James T. Davis, Executor
of Sumner Davis, dec’d.
vs
Mary Davis (widow of Sumner Davis),
Eddie Green, Henry Davis,
Ed Dowtin and Alice Dowtin,
his wife, Garfield Davis, Ben
Davis, Ann Powell and
Richard Powell, her husband,
William Davis, Tripp Davis,
Thomas Davis and Jerre Davis

This cause again coming on to be heard and being heard upon the report of H. A. Boyd, commissioner, who was duly appointed commissioner to sell the land described in the Petition herein, and it appearing to the Court that the said Commissioner, under and by virtue of a former order made in this cause, sold the said tract of land described in the Petition herein, on the 10th day of February, 1902 at 12 o’clock M. at the Court House door, in said County at public auction for cash, and it appearing that at said time and place W. G. Egerton became the purchaser of said land at the price of One Hundred and fifty Dollars, the last and highest bid made, and that said purchaser stands ready to comply with his bid, and it further appearing to the Court that no advance bid has been made and that the said sum of One Hundred and fifty Dollars is a fair and reasonable price for said land; It is therefore ordered and decreed that the said report of H. A. Boyd, Commissioner be and the same is in all respects confirmed, and that the said Commissioner, upon the payment of the purchase money, shall turn over the same to said Jas. T. Davis, Executor, who shall apply the same to the payment of the debts and charges of administration, after first deducting the Costs of this Special Proceeding including a fee of five dollars which is hereby allowed to B. G. Green, Guardian ad litem for Eddie Green, the infant Defendant herein, for his services as such Guardian. It is further ordered that upon the payment of the purchase money aforesaid, the said H. A. Boyd, Commissioner, execute and deliver to the purchaser a deed in fee simple for said tract of land. This 24th day of February 1902.
William A. White,
Clerk Superior Court

 

See Also: Trip & Esther Davis Family

See Sumner & Parents on Slaves of Peter R. Davis

 

 

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