Will of Edward Downes (1796) Queen Anne's County, Maryland Contributed for use in USGenWeb Archives by Cathy Downes [Cathy_Downes@msn.com] Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* EDWARD DOWNES Will of Edward Downes, Register of Wills, Queen Anne's County, Centreville, Maryland: In the name of God Amen I Edward Downes of Queen Anne County in the State of Maryland do make and publish this Instruction of writing as need for my last will and testament in manner and form following Viz. First I give and devise to my son Charles Downes and his Heirs in fee simple, all my real estate lying on Long Neck in Queen Anne County being composed (of) several tracts and part of tracts of land adjoining each other be the same called and known by what name or names soever. Item. I will and devise that my Executor Hereafter named shall sell and dispose of all (and) any Lands Tennaments and real Estate lying on Reeds Creek in Queen Anns County as soon after my decease as he shall think Expedient either at public or private sale as his discretion may direct for the Best Interest and advantage of my Children and to make conveyance or convey most thereof accordingly reserving forever the use (of) the family burying ground ____ free egress and regress to and from the same for which purpose I do hereby give and divise unto him full power authority ____ Estate. Item. I give and devise unto each of my two Daughters Elizabeth Emory Downes and Sarah Downes one ____ of the whole purchase money arising on the sale of my aforesaid lands on Reeds Creek and it is my will and disire that my Executor shall appropriate the whole of the purchase money towards purchasing a Farm or Tract of Land for each of my said Daughters as nearly equal in point of quantity and quality as may be to be conveyed to each of them and their heirs in fee simple respectively by deed of bargain and sale and the profits or as much thereof as may be necessary to be affected to their maintainance and Education respectively during their minority for which purposes I do hereby give and divise unto my Executor full power and Authority, and if it shall Happen that the purchase money aforesaid cannot be applied as above directed to the advantage of my said Daughters, I will and divise that the same be first put out to interest in bond with good security by my Executor and the profits there__ applied to Their Education and Maintainance until they shall respectively attain the age of Sixteen years. I give and bequeath to my son Charles W. Downes my ______ing apparel my Silver watch one Mahogney Desk three mahogney Tables two mahogney framed looking glasses two Bed____ furniture one horse called Red ____ (Rose?) all my books of every kind and the following negro servants during their Respective terms of service namely Dick Rose and Maria. Item. I give and bequeath to my Daughter Elizabeth Emory Downes half a dozen silver table spoons half a dozen silver tea spoons and sugar tongs marks ESD also one sorell mare called ____ and the following negro servants during their respective terms of service namely Jack and Harriett. Item. I give and bequeath to my Daughter Sarah Downes half a dozen silver table spoons half a dozen silver teas spoons and sugar tongs marked ESD also the Beds and furniture one sorrel mare called Bretton and the following negro servants during their respective terms of service namely Jim ____ (Lunber?), Perry Jacob and Dark. Item. I give and bequeath to my Daughter Elizabeth Emory Downes my riding Chaise and Harness. Item. I give and bequeath to my Daughter Sarah Downes my sulky & harness. Item. Whereas on a final settlement of the Estate of my Brother Charles Downes a considerable sum of money will be due to me as one of his Executors and as Executor of my Brother Vachel Downes for our respective shares for selling the farms claim, it is my wish and intention to relinquish in the following condition to wit. That if John King Downes son and ___ ___ Executor of said Charles W. Downes shall fully and absolutely indemmnify and discharge me my Executors or Administrators of and from all debts damages and costs which my Exectutors or Administrators may be subjected unto in consequence of my Engagements in behalf of the said Charles or as surity for the said John. Then I do hereby autherise and direct my Executor hereafter named to Exhonerate and discharge the Estate and ____ using Executers of said Charles from the Balance of any Claims or allowances that may be justly due to me for or by reason of my Executorship aforesaid. Item. Whereas I neglected through mistake to include a negro girl slave named Harriet in any deed of manumission to ___ slaves some years past. I do hereby manument enfranchise now declare the said negro free when she shall arrive to the age of eighteen years. Item. I will and direct that my Executor shall dispose of such part of my personal Estate as he may think cannot be retained with advantage to my Children and if the moneys arise insowhich ___ together with the debts due me and the crops on Hand at the time of my decease shall be insufficient for the payments of my Debts I do hereby authorise my Executor to apply as much of the profits of my real Estate after deducting the nescesary expenses encurred in the maintainance and education of my Children as may be sufficient for that purpose and after my last debts and funeral expenses are paid I give and bequeath the residue of my Estate equally among my Children. Item. I do hereby Constitute and appoint my esteemed friend and kinsman John King Beck Emory guardian to my children Elizabeth Charles and Sarah during their minority respectively and Ernestly Intreat this utmost care respecting their morrals and Education and I do hereby give and bequeath into the said John King Beck Emory my Executor hereafter appointed the sum of one Hundred Dollars for his troubles in This the Execution of this my will independent and exclusive of All legal fees and reasonable expenses that may occur in the Execution thereof which said legacy I will and direct shall be paid out of the profits of my real estate two thirds thereof from my son Charles estate and the other third from the profits of my two Daughters estates and it is my will and desire that the said John King Beck Emory shall annually Draw the same commission from the nette profits of my Childrens portions as is allowed by law to Guardianship. Lastly I do hereby Constitute and appoint the said John King Beck Emory Executor of this my last will and testament hereby revoking all former wills by me made in testamony whereof I have hereinto set my hand and affixed my seal this thirtieth day of October in the year of our Lord seventeen hundred and ninety six. Signed sealed published and delivered by Edward Downes the above named testator as and for his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses thereof. E. (?) Downes (seal) Jacob Barnes Fanny Farrell Martha Downes Queen Anne County December the 15th 1796 Then came Jacob Barnes Fanny Farrell and Martha Downes the three subscribeing witnesses to the foregoing last will and testament and _____ make oath on the Holy Evangels of almighty God that they did see the testsator therein named sign and seal this will and that they heard him publish pronounce and declare the same to be his last will and Testament that at the time of his so doing he was to the best of their apprehention of sound and disposing mind memory and understanding and that they subscribed their names as witnesses to this will in the presence and at the Request of the Testator and in the presence of Eash other. Wm H Nicolson Reg of Will for Queen Anne County Whereas I Edward Downes of Queen Anns County have made and duly Executed my Last will and Testament in writeing Bearing date the thirtieth day of October last past which said last will and Testament and every bequest and devise There in Contains I do hereby ratify and confirm Except such bequest and devises Therein mentioned as are by me Herein after revoked made___ and altered and being desireous to alter and Explain some part Threrof and of making additions thereto do therefore make this my codicial which I will & direct shall be taken and held as my last will and Testament in manner and form following - Whereas by my afd. (aforesaid) last will and testament I did herein desire and direct that my Executor Therein named should sell and dispose to the best advantage for my two Daughters Elizabeth & Sarah all my Lands and _____ lying on Reeds Creek the the County aforesaid and the money arising from the sales thereof to be laid out in the purchase of two seperate tracts of Land and as nearly equal in point of Quantity and Quality as may be and one of the said tracts or parcels of land to be respectively conveyed to my said two Daughters by good Deed of commission Bargain Sale by my Ex. but whereas it may so Happen that no opportunity may offer of desposing of the said land to the advantage of my said daughters while ____ the Age of twenty one years in that case I do Hereby give and Devise my Lands and Tennament afd. (aforesaid) on Reeds Creek to my said two Daughters Elizabeth and Sarah to them and their Heirs and assign in fee simple Simple forever. Item. I do hereby relinquish to Jack Fo_est his remaining term of Servitude from the first day of January next. I give and bequeath to Jack Cook , nigra, the sum of Five pounds to be paid him by my Executor within twelve months after My Decease in _____ _____ clothes _______ as circumstances may require.. Item. I give and Bequeath to Mary Newnam five pounds current money exclusive of the ____ that may appear to be due for her ____ trouble during her late illness. In testimony whereof I Have Hereof Let my hand and seal this 12th day of November Anno Domini 1796. Signed Sealed Published and Declared by Edward Downes the above named Testator for a codicil to his last will and Testament in the presence of us who at his request and in his presence have subscribed our names as witnesses therto. John King Downes Martha Downes Eliza Hall Queen Annes County Dec the 13th 1796 Then came John King Downes, Martha Downes and Elizabeth Hall the three subscribing witnesses to the aforegoing codicial and formally made oath on the Holy Evangel of almighty God that they did see the Testator Therein _____ sign and seal this codicial and heard him publish pronounce and Declare it to be part of his Last will and Testament and that they subscribed their respective names as witnesses to this codicial in the presence and at the Request of the Testator and in the presence of Each other. Wm H. Nicholson Reg of wills for Queen Annes County ..