The Will of John H. Downes: Register of Wills, Queen Anne's County, MD

Contributed for use in USGenWeb Archives by Cathy Downes [Cathy_Downes@msn.com] 

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The will of John H. Downes: Register of Wills, Queen 
Anne's County, Centreville, Maryland
 
In the name of God, Amen, I John H. Downes of Queen 
Anne's County in the State of Maryland, being of Sound
and disposing mind, memory, and understanding, and being 
sick and weak in body, and 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 leave this world when it shall 
please God to call me hence; do therefore make and publish
this as my last will and testament revoking all others 
heretofore made by me, in manner and form as follows, 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 dear wife and 
children, and after my debts and funeral charges are paid,
and my wife's thirds are deducted  and taken out, I devise 
and bequeath as follows;

1st Item:  I give and bequeath unto my wife Sarah E. 
Downes in addition to her thirds my best carriage and
harness also her choice of bedstead and furniture.

2nd Item: I give and bequeath unto my son John Henry 
Downes my farm and plantation called Okentharp
containing one hundred and forty four acres more or 
less to him the said John Henry Downes and his heirs and
assigns in fee simple, also his choice of my horses, 
Sadle and Bridle, also I give him the sum of five hundred
dollars to be paid to him on his arrival at the age of 
twenty one years by my Executor or Executors.

3rd Item: I give and bequeath unto my daughter Mary Ann
Downes the second choice of bedstead and furniture
also one bureau and fixtures belonging to it, also a 
red cow with a white face called Mayflower, also one side
sadle.

4th Item: I give and bequeath unto my daughter Sarah E. 
Downes the third choice of a bedstead and furniture,
also one set of cane chairs and one rocking chair.

5th Item: I give and beqeath unto my daughter Frances 
Jane the fourth choice of a bedstead and furniture also
one rocking chair.

6th Item: I give and bequeath unto my daughter Julia 
Virginia two mahogany side tables and a small rocking chair.

7th Item: I give and bequeath unto my son Joseph Lodowick 
Downes, one two years old colt or the sum it will sell
for.

8th Item: I give in addition to what I have heretofore 
given unto my wife Sarah E. Downes one bureau and small
walnut table.

9th Item: I give and bequeath in addition to what I have
heretofore given my son John Henry Downes my silver
watch with a request that he shall keep it as a memento, 
also the devises herein named by me to be given by my
executors to him is in full of his portion to my real 
or personal Estate.

10th Item: It is my will and desire that my Executor 
or Exeutors shall sell the residue of my personal effects at
Public Sale according to the rules of the testamentary 
Law under the direction of the Orphans Court and after all
my just debts are paid the residue to be equally divided 
after my wife's thirds shall be deducted among my several
heirs, Mary Ann, Sara E., Frances Jane, Julia Virginia, 
Joseph Lodowick and Esther A. Downes equally to share
alike.

11th Item: I do hereby appoint my brother Samuel T. Downes 
in conjunction with my son John Henry Downes to
be my Executors of this my Last will and testament.
 In testamony whereof, I have hereinto set my hand and 
affixed my seal this fourteenth of April in the year of our
Lord Eighteen Hundred and Sixty four.
      John H. Downes [seal]
Signed, sealed, published and declared by John H. Downes 
the above named testator, as and for his last will and
testament, in the presence of us who at his request in 
his presence, and in the presence of each other have
subcribed our names as witnesses thereto:
      C. McColllister
I wish my friends William Elliott and George  T. R. Straughn
Millikin to be appointed appraisers of my Estate.  George Mullikin [Millikin?]
     
 
Queen Anne's Count, Set: Sept. 5th, 1865
Then came C. McCollister, T.R. Straughn and George Mullikin 
[Millikin?] , the Subscribing witnesses to the
foregoing Will, and made Oath on the Holy Evangely of 
almight God that they did see John H. 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 his [his is underlined]
apprehension of Sound and diposing mind, memory and 
understanding that they Subscribed their names, as
witnesses to the will, in the presence of each other, 
in the presence of the Testator, and at his request.  W.A.
Johnson Reg. Wills for Queen Annes County