Will of James Downes, 1793 (Queen Anns 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 ********************************************************* JAMES DOWNES The will of James Downes, Register of Wills, Queen Anne's County, Centreville, Maryland, 1793 In the name of God amen I James Downes of Queen Anns County in the State of Maryland, farmer, being sick and weak in body but of sound and deposing mind memory and understanding considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my worldly affairs and thereby be the better prepared to depart this life when it shall please God to call me hence do therefore make and publish this my last will and Testament in manner and form following that is to say. First - And principally I commit my soul into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my Executors herein after mentioned, and after my debts and funeral charges are paid and my Wife's thirds taken out, I devise and bequeath as follows to wit. I devise and bequeath unto my son Bennett Downes his heirs and assigns forever all my Land whatsoever & wheresoever they may be reserving to my Wife Mary her dower therein which dower or one third part of the whole to be laid off by Judicious men within the lines of shore ditch being the tract whereon I now dwell and in as convenient a manner to the advantage of both as may be, including one third part of the houses and orchard as near as the same may be conveniently ascertained and further my will and desire is that my Executors rent out the whole of my lands for the space of five years commencing from the first day of January next after my decease and limmit the same as far as are in tillages to be plowed at the rate of one year in three and have regard to the wood lands that moderate cleaning and cutting of timber and wood thereon are kept in practice during His term and that the same be rented to best advantages as the yearly income and the rents arising therefrom to be brought into the distribution of my personal Estate and accounts for as part of my personal Estate and that my wife draw one third part of the same arising rents as they are paid in yearly for her dower. And as to the use due and remainder of my personal Estate after my debts and other arising charges are paid and my Wife's further third deducted; I give and bequeath in even and equal portions to my said son Bennett and my two daughters Elizabeth and Ann and Lastly I hereby Constitute and appoint my beloved Wife Mary and my son in law Charles Stuart to be sole Executor of this my last will and Testament revoking and annulling all former and other wills by me heretofore made ratifying and confirming they and none other to be my last will and Testament. In Testimony whereof I have hereto set my hand and affixed my seal this 15th day of March Anno Domini seventeen hundred and ninety three. Signed sealed published and declared by the said James Downes the above named Testator as and for his last Will and Testament in presence of us who at his request and in his presence have subscribed our names hereto accordingly, Charles Rice, John Downes, Thomas (his + mark) Dodd Jun Queen Anns County __ April the 9th 1793 Then came Mary Downes and Charles Steuart and made oath on the holy evangels of Almighty God that the within Instrument of writing is the true and whole will and Testament of James Downes late of Queen Anns County deceased that has come to their hands or possession and that the do not know of any other sworn to before. Richard Wilson Reg of Wills Queen Anns County Queen Anns County __ April the 9th 1793 Then came John Downes one of the subscribing witnesses to the within last will and Testament of James Downes late of Queen Anns County deceased and made oath on the holy evangels of almighty God that he did see the Testator therein named sign and seal thy will, and that he 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 his apprehension of sound and disposing mind memory and understanding and that he subscribes his name as witness thereto in the presence .and at the request of the Testator and in the presence of Charles Price and Thomas Dodd whom he also saw subscribe their respective name or mark in the presence and at the request of the Testator. Sworn to before, Richard Willson Reg of Wills Queen Anns County Queen Anns County April the 9th 1793 Then came Mary Downes one of the appointed Executors in the last will and testament of James Downes late of Queen Anns County deceased and refused to act as Executrix to said will by virtue of such appointment and did renounce all her right title and claim to said Executorship accordingly. Before Richard Willson Reg of Wills Queen Anns County Queen Anns County April the 13th 1793 Then came Charles Price one of the subscribing witnesses to the aforegoing last will and Testament of James Downes late of Queen Anns County deceased and made oath on the holy evangels of almighty Got that he did see the Testator therein named sign and seal thy will and that he 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 his apprehension of sound and disposing mind memory and understanding and that he subscribed his name as witness thereto in the presence and at the request of the testator and in the presence of John Downes and Thomas Dodd whom he also saw subscribe their respective names or mark as witnesses thereto in the presence and at the request of the Testator. Sworn to before Richard Willson Reg of Wills Queen Anns Coutny Queen Anns County April __, 1792 Then came Mary Downes widow of James Downes late of Queen Anns County ceased and quitted her claim to the several bequests and devises made to her in the will of her deceased husband and elected in lieu thereof her dower or third part of the deceased's estate both real and personal. Before Richard Willson Reg of Wills Queen Anns County