Will of Bennett Downes, Queen Anne's County, Maryland 1882

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Will of BENNETT DOWNES

 

In the name of God, Amen! I Bennett Downes of Queen Ann's
County State of Maryland, do make and publish the following as my last
Will and Testament, thereby revoking and annulling every will theretofore
made by me.

Item 1st I commit my soul into the hands of Almighty God and my body
to be decently buried at the discretion of my Executor hereinafter named,
and after my funeral expenses, cost of administrations and just debts are
paid, I do give, devise, and bequeath as follows, to wit:

Item 2nd I do give and devise unto my nephew Elridge Downes, son of
the late William H. Downes, and his heirs, all my farm, whereon I now
reside, situate and being in the sixth Election District of Queen
Ann's County aforesaid, called "Rachel's Desire", and
containing two hundred acres of land, more or less; and if the said
Eldridge Downes, should die without issue living at the time of his death,
then I do hereby give and devise all said farm, "Rachel's Desire",
unto my nephew Stephen R. Downes, his heirs and assigns in fee simple:
and the devise and devises aforesaid of said farm in this Item 2nd are
subject nevertheless, to an annual charge thereon during the life of my
wife Kate Downes and in her favor, of one hundred and fifty dollars, to
be paid to her by the party or parties taking, having and holding said farm
under the devise or devises thereof as aforesaid, on or before the
expiration of one year from the date of my decease, and annually
thereafter so long as she shall live, said sum or sums to be a lien and
charge on said farm and to be paid to my said wife and her assigns
aforesaid, and to be collectable by distress as rents are collected, and by
any other mode known to law or equity, if not paid as said annual
charges shall become due and payable, and said annual sum or charges is
in lieu of the dower or right of dower of my said wife, Kate Downes, in
all the real Estate of which I may die seized or possessed; and are
furthermore, subject unto the legacy hereinafter bequeathed unto Clara
Downes, child of William Richard Downes, my nephew, of five hundred
dollars, and specially charged on said farm, subject, however, to the
charge aforesaid in favor of said wife.

Item 3rd I do give and bequeath unto my niece, Flora Downes, in case
she shall survive me, one thousand dollars, to be paid her by my
Executor on or before the expiration of one year from my death out of
my personal Estate, (exclusive of my Bank Stock hereinafter
bequeathed,) and the sales of Real Estate hereinafter devised to be sold,
and in case she shall die before I do, I do will and direct that said legacy
of one thousand dollars shall sink into my personal estate and be divided
and distributed as hereinafter provided.

Item 4th I do give and bequeath unto my nephew William H. Downes,
M.D. in case he shall survive me, one thousand dollars, to be paid him by
my Executor on or before the expiration of one year from my death out
of my personal Estate, (exclusive of my Bank Stock hereinafter
bequeathed,) and the sales of the Real Estate herein devised to be sold.

Item 5th I do give and bequeath unto my nephew Stephen R. Downes, in
case he shall survive me, five hundred dollars, to be paid him by my
Executor or more properly, retained by him, out of my personal Estate,
(exclusive of my Bank Stock hereinafter bequeathed) and the sales of the
Real Estate herein devised to be sold.

Item 6th I do give and bequeath unto Clara Downes, aforesaid, child of
Wm. Richard Downes, in case she shall survive me the aforesaid sum of
five hundred dollars, to be paid by the party or parties taking, having and
holding said Real Estate under the devised in said Item 2nd of this will
thereof on or before the expiration of three years from my death with
Interest thereon from my death, and I do further expressly charge the
said sum of five hundred dollars and the payment thereof on the aforesaid
farm "Rachel's Desire", as expressed in said Item 2nd, and do
exempt my personal Estate from the payment thereof and my Executor
from any liability or recount thereof; but if the said Clara should die
before I do, then the said gift and bequest and charge of said five
hundred dollars is to be null and void, and not effectual or operative.

Item 7th I do give and bequeath unto my dear wife, Kate Downes in the
event she should survive me, the thirty shares of stock owned by me in
the Centreville National Bank of Maryland of the par value of three
thousand dollars; my driving horse and carriage and harness; and such
household and kitchen furniture as I may own at the time of my death;
these gifts and bequests to my said Wife are in discharge of any claim or
demand she may properly have against me in lieu of her thirds or
distributive share of my personal Estate.

Item 9th I do give and devise the store house and ware house in
Ingleside, Queen Ann's County, Maryland, belonging to me unto
my nephew Elridge Downes; his heirs and assigns, in trust, to rent the
same and to collect the rents thereof, and to pay thereout the taxes and
Insurance on said property and for such repairs as are necessary to keep
the property in good condition, and to pay the net annual residue of said
rents into the body corporate"The Trustees of St. Pauls Episcopal
Methodist Church of Beaver Dams" aforesaid, annually for the period of
twenty five years from my death, or until said church or body corporate
shall cease to exist, not however exceeding said period of twenty five
years; and on the expiration of said period of twenty five years, or said
church or body corporate sooner ceasing to exist, whichever may first
happen, then said trust is to cease and determine, and I do then give and
devise the said store house and ware house unto the said Eldridge
Downes, his heirs and assigns in fee simple.

Item 8th (omitted in its right place) In the event of the death of my said
nephews William H. Downes and Stephen R. Downes and of my wife,
Kate Downes, or any one or more of the three, before my death then I
do will and direct that any gift or bequest of personal property, stock or
moneys in this will made to such of the three so dying shall sink into my
personal Estate, and be divided and distributed as hereinafter provided.

Item 10th I do will and direct that the dwelling house in said village of
Ingleside, owned by me, and any other Real Estate not herein disposed
of which I may own at the time of my death, or in anywise entitled to,
shall be sold by my Executor hereinafter named, or whosoever may
eventually Execute this my will, as soon as may be convenient and
practicable after my death, and on such terms as he may deem expedient
and proper, the proceeds of sales of said Real Estate to become and be
taken and considered as part and parcel of my personal Estate and to be
distributed together with such personal Estate and property, to wit;

Item 11th I do give and bequeath unto Mary Elizabeth Godwin, Anna W.
Merrick (my sisters), Reynor B. Downes, my nephew, and Cora
Downes (my niece) to be equally divided between said four parties,
share and share alike, all the rest and residue of the personal Estate and
property of which I may die possessed, owning, or in any wise entitled
to; including therein as part and parcel thereof the proceeds of the Real
Estate sold under the directions of this will and converted into personal
Estate, after my debts, funeral expenses and costs of administrationand
the legacies proper to be paid thereout, are paid as aforesaid.

Item 12th I do hereby name, constitute and appoint Stephen R. Downes,
my nephew, to be Executor of this my last will and Testament, and since
I have herein before bequeathed unto him a legacy of five hundred dollars
as aforesaid I do hereby direct that he shall be allowed five per cent
commissions on the aggregate of said personal Estate and sales of the
said Real Estate directed to be sold as aforesaid as Executor.

As witness my hand and seal this nineteenth day of April in the year
eighteen hundred and eighty two.

Bennett Downes (seal)

Signed, sealed, published and declared as and for his last will and
Testatment by the above named Testator, Bennett Downes, in our
presence, and at his request, and in the presence of each other have
hereunto subscribed our names as witnesses.

John B. Brown

Edwin H. Brown

Daniel Tilghman

I, Bennett Downes, the aforenamed testator do make and publish this, as
and for a first codicil to my aforesaid Will and Testament as follows, to
wit:

1st I do hereby revoke and annull the ninth Item of my aforesaid Will and
testament, and the devises therein of the store house and ware house;
and I do direct and devise that the said store house and ware house in
Ingleside shall pass under by the terms and provisions of the aforesaid
"tenth Item" of the aforesaid Will, and the subsequent Items thereof, as
though store house and ware house and the land on which the same are
erected, had been specially named in said "Tenth Item", of said Will; in all
and every other respect I do hereby ratify and confirm my aforesaid Will.

As witness my hand and seal this thirtieth day of July in the year eighteen
hundred and eighty three.

Bennett Downes (seal)

Signed, sealed, published and declared as a first Codicil to his aforesaid
last Will and Testament, by the above named testator, Bennett Downes,
in our presence, and in the presence of each of us, and who in his
presence and at his request, and in the presence of each other have
hereunto subscribed our names as witnesses.

George M. Smith

J. E. Harman

Edwin H. Brown

I, Bennett Downes, the aforenamed Testator do make and publish this as
and for a Second Codicil to my aforesaid Will and Testament as follows,
to wit;

1st Instead and in lieu of the gift and bequest of one thousand dollars
made by the 3rd Item of my aforesaid Will to my niece Flora Downes, I
do give and bequeath unto my said niece the note now owing me by
William McKenney for two thousand dollars, for whatever may be
unpaid thereon at the time of my death, and if I shall collect the principal
of said note in my lifetime, then and in lieu of said specific bequest of said
note, I do give and bequeath unto my said niece the sum of two thousand
dollars; and in case after her death before me, then whatever she would
have taken under this Item of my codicil shall sink into my personal
Estate and be distributed as directed and indicated by said 3rd Item and
my said Will and codicils thereto.

2nd As my Sister, Mary Elizabeth Godwin, has departed this life, I do
hereby revoke and cancel the devise and bequest made to her by the
Eleventh Item of my Will aforesaid, and I do hereby substitue in her place
and stead as said devisee and legatee, my nephew, her son Henry D.
Godwin, and I do hereby give, bequeath and deivse unto my said
nephew, whatever the said Mary Elizabeth would have been entitled to
under the said Eleventh Item, had the same been unrevoked and she had
survived me; and furthermore I do hereby give and bequeath unto the
said Henry D. Godwin my gold watch.

Witness my hand and seal the 1st day of August 1884.

Bennett Downes (seal)

Signed, sealed, published and declared as and for a Second Codicil to
his aforesaid last Will and Testament, by the above named testator,
Bennett Downes, in our presence and in the presence of each of us, who
in his presence, and in the presence of eath other, and at this request
have signed our names as witnesses hereto.

Edwin H. Brown

John E. Harman

Daniel Tilghman

State of Maryland

Queen Ann's Count ___ April 28th, 1885

Then came John B. Brown, Edwin H. Brown and Daniel Tilghman, the
three subscribing witnesses to the foregoing Will, and made oath on the
Holy Evangely of Almighty God that they did see Bennett Downes, the
within named testator sign his name to the foregoing Will; that they heard
him publish, pronounce and declare the same to be his last Will and
Testament, that at the time of so doing he was to the best of their
apprehension of a sound and disposing mind, memory and understanding;
that they signed their names as witnesses to said Will in the presence of
each other, in the presence of the Testator, and at his request.

Sworn before Thomas A. Bryan, Register of Wills

State of Maryland

Queen Ann's County ___ April 28th 1885

Then came George M. Smith, John E. Harman and Edwin H. Brown the
three subscribing witnesses to the first codicil to the foregoing will of
Bennett Downes, deceased and made oath in due form, that they did see
the Testator sign his name to the first codicil to his will; that they heard
him publish, pronounce and declare this first codicil to be a part of his last
Will and Testament; that at the time of his so doing he was to the best of
their apprehension of a sound and disposing mind, memory and
understanding, that they signed their names as witnesses to said first
codicil in the presence of each other, in the presence of the Testator, and
at his request.

Sworn before Thomas A. Bryan Register of Wills

State of Maryland

Queen Ann's Count, ___ April 18th 1885

Then came Edwin H. Brown, John E. Harman and Daniel Tilghman the
three subscribing witnesses to the second codicil to the foregoing will of
Bennett Downes, deceased, and made oath in due form that they did see
the Testator sign his name to the Second codicil to his Will; that they
heard him publish, pronounce and declare this second codicil to be a part
of his last Will and Testament; that at the time of so doing he was, to the
best of their apprehension of sound and disposing mind, memory and
understanding; that they signed their names as witnesses to said second
codicil in the presence of eath other, in the presence of the Testator, and
at his request.

Sworn before Thomas A. Bryan Register of Wills

Queen Anns Coundy

Orphans Court, April 28th, 1883 The foregoing will was duly examined
and admitted to probate by the Court and the same ordered to be
received, filed and recorded.

Thomas A. Bryan Register of Wills

State of Maryland

Queen Ann's County ___ April 28th, 1885 Then came Stephen
R. Downes, Executor named in the foregoing Will and made oath on the
Holy Evangely of Almighty God that the foregoing is the whole, true last
Will and Testament of Bennett Downes, deceased, that has come to his
hands or possession, and that he doth not know of any other.

Sworn before Thomas A. Bryand Register of Wills

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