Last Will & Testament of John DOWNES, 1706: Queen Anne's County, MD 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 ********************************************************* Maryland Archives Transcribed by Cathy Downes Will of John Downes, Talbot Co., MD SC:1:2 4th Feb.1706 3rd Feb. 1707 In the name of God Amen ye fourth Day of Febery in the fourth year of the Reign of our Soverieng Lady Queen Ann in the year of our Lord 1706. I John Downes in the County of Talbot Planter being sick and weak in Body but of sound and perfect memory praise be given to God for the same and knowing the uncertainty of this life on Earth and being desirous to settle things in order do make this my last Will and Testament in manner and form following, that is to say first and principally I commend my Soul to Almighty God my Creator assuredly believing that I shall receive full pardon and free remission of my sins and to be saved by the precious death and me into of my blessed Saviour and Redeemer Christ Jesus and my Body to ye Earth to be buried in such decent and Chrisan manner as my Executors hereafter named shall be thought most convenient --- touching such worly estate as the Lord in [His] mercy hath lent me my will and meaning is the same shall be imployed and bestowed as hereafter by this my will is expressed - Item. I give and bequeath to my son Charles Downes my Plantacion to him and his heirs forever after the death of his Mother or her bein married againe. I do give to my true an well beloved wife Margrett Downes to put to her own use or to the maintainence of her and my children all my personell an Ryall Estaitt during her Life or widohod and after her Death or at the time of her mareg my just Debts bein paid ye Remander of my Personall Estaite to be equally devided among my fore sones my will and dsiris yt. if one or more of my sons should mary or go to live of themselves before the death of my wife he or they bein dutifull that She may give to them as she ses nedfull or can spair to thair relese. I do apint an intrust my well beloved wife Margret Downes and my son Charles Downes the executors of this my last will and testament to act an do for the good of my children to the best of their skill taking the advise of those my Friends which I shall hereafter name and if my wife should mary or be like be maryed before my estait be brought to apraisment then she shall have no part in the executorpship it bein holy left to Charles Downes by the advise of my friends and my estait to be taken cair --- aforesaid, use of my Childern. I do request an desire appint and impower my true and trusty well beloved Friend John King and Arthur Emory to be my Trustees over my heirs and [be] advisors of these my Exrs. for their good and the rest of my Cheldren fuder I do impower them yt. upon undutyfull behavir or misimply in thier time they one or both take that one or more of my sons offenin and bind him or them out aprenter till they arrive to the age of one and twenty further my will and disire is yt. none of my sones shall sell, bargin or make any swap or swapes for above the vaulue of five shilines without the consent an advice of one or more of these my aforenamed trustees till after they come to ye age of twenty an three years - further I do Request you my frindes to have a portickler care of youngest child yt. it be not abused and ye be brot (brought) up in fere of God and to get its own living honestly by his traid leint when of years of secresion. John Downes Signed Sealed and delv'd in the presence of Edwd. Chetham, Robt. Jones, Thomas Hollingsworth Queen Anns Co. February 3rd 1707 Then came Edward Chetham, Robert Jones, Thomas Hollinsworth wittnesses to ye above writing, and made oath upon ye Holy Evangelys that they saw the Testator John Downes Sign Seal & Declare ye same to be his last Will & Testament and that he ye said Testator att the same time was of sound and perfect memory. Before me - - - Thomas De. ----- Recorded inot in Lib B fol:3f The same will (below) with my interpretation of the misspelled words that appear in the original will. Will of John Downes, Talbot Co., MD SC:1:2 4th Feb.1706 3rd Feb. 1707 In the name of God Amen ye fourth Day of February in the fourth year of the Reign of our Sovereign Lady Queen Ann in the year of our Lord 1706. I, John Downes, in the County of Talbot Planter, being sick and weak in Body but of sound and perfect memory praise be given to God for the same and knowing the uncertainty of this life on Earth, and being desirous to settle things in order do make this my last Will and Testament in manner and form following, that is to say first and principally I commend my Soul to Almighty God my Creator assuredly believing that I shall receive full pardon and free remission of my sins and to be saved by the precious death and me into of my blessed Savior and Redeemer Christ Jesus and my Body to ye Earth to be buried in such decent and Christian manner as my Executors hereafter named shall be thought most convenient --- touching such worldly estate as the Lord in His mercy hath lent me my will and meaning is the same shall be employed and bestowed as hereafter by this my will is expressed - Item. I give and bequeath to my son Charles Downes my Plantation to him and his heirs forever after the death of his Mother or her being married again. I do give to my true and well beloved wife Margaret Downes, to put to her own use or to the maintenance of her and my children, all my personal an Real Estate during her Life or widowhood, and after her Death or at the time of her marriage, my just Debts being paid, ye Remainder of my Personal Estate to be equally divided among my four sons, my will and desire is if one or more of my sons should marry or go to live of themselves before the death of my wife, he or they being dutiful, that She may give to them as she sees needful or can spare to their release. I do appoint an entrust my well beloved wife Margaret Downes and my son Charles Downes the executors of this my last will and testament to act and do for the good of my children to the best of their skill taking the advice of those of my Friends which I shall hereafter name, and if my wife should marry or be like be married before my estate be brought to appraisement, then she shall have no part in the executorship, it being wholly left to Charles Downes by the advise of my friends and my estate to be taken care of aforesaid, for the use of my Children. I do request and desire, appoint and empower my true and trusty well beloved Friend John King and Arthur Emory to be my Trustees over my heirs, and be advisors of these my Executors for their good and the rest of my Children; further I do empower them, upon undutiful behavior or misemploy in their time they -one or both - take that one or more of my sons offending and bind him or them out to apprentice till they arrive to the age of one and twenty; further my will and desire is none of my sons shall sell, bargain or make any swap or swaps for above the value of five shillings without the consent and advice of one or more of these my a forenamed trustees till after they come to ye age of twenty and three years - further I do Request you my friends to have a particular care of youngest child yt. it be not abused and ye be brought up in fear of God and to get its own living honestly by his trade learned when of years of secretion. John Downes Signed Sealed and delivered in the presence of Edward Chetham, Robert Jones, Thomas Hollingsworth Queen Anns Co. February 3rd 1707 Then came Edward Chetham, Robert Jones, Thomas Hollinsworth witnesses to ye above writing, and made oath upon ye Holy Evangelys that they saw the Testator John Downes Sign Seal & Declare ye same to be his last Will & Testament and that he ye said Testator at the same time was of sound and perfect memory. Before me - - - Thomas De. ----- Recorded inot in Lib B fol:3f