Will of William Downes from Register of Wills, Queen Anne's County, Maryland

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

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Will of William Downes from Register of Wills, Queen Anne's County, 
Centreville, Maryland
 
In the name of God Amen.  I William Downes of Queen 
Anne County and State of Maryland being sick and weak
of Body but of sound and disposing mind memory and 
understanding considering the certainty of death and the
uncertainty ot the time thereof, and being desirous of 
settling my worldly affairs before  I goe whence that I may
thereby be the Better prepared to leave this world when 
it shall please Almight god to call me home, do make
publish and declare this as and for 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 Friends and family and 
after my debts and other charges against my Estate are paid,
I give and divise as follows:
 
Item.  I give and divise to my wife Matilda Downes one 
third of all my real Estate as dower during her natural 
life. Also one negro woman Mary and her two children 
Louis and Mary Jane, the woman Mary and her daughter
Mary Jane each to serve untill they shall be thirty five 
years of age, and the Boy Louis to serve untill he shall be
thirty one years of age.  Also one Negro Boy George to 
serve her his unexpired term of service my Horse named
Liberty my Rig & Harness and one Feather Bed and furniture.  
Also one Negro Girle named Ann.  To Serve untill
she shall be thirty five years of age.
 
Item.  I give and bequeath to my son John W. Downes the 
farm wherein he the said John W. Downes at this time
resides which I purchased of John May with all the 
appertenances thereto belonging containing about four
Hundred and sixty five acres in fee simple.  I also 
give to my said son John W. Downes one negro Girle named
Rachel Jane to serve untill she shall be thirty five years old.
 
Item.  Whereas I have advanced to my son William H 
Downes the sum of four thousand dollars.  I give and
bequeath to him my said son William H. Downes the 
said sum of four thousand dollars as also a note I hold
against him for two hundred and fifty dollars all which 
is exclusive of a note I hold against Downes & Mapey for
seven hundred dollars all which I do not intend to include 
in this bequest.  I also give to my said son William H.
Downes one negro Girle Matilda to serve untill she shall 
be thirty five years old.
 
Item.  I give and bequeath to my son Bennett Downes all 
my dwelling _______ (plantation?) containing about
one hundred and sixty five acres also part of a tract of 
land lying in Caroline County called Squirel Swamp which
my father John Downes purchased of a certain Abraham 
Baggs containing about one hundred and forty nine
acres, with all and each of their appertenances in fee 
simple.  I also give and bequeath  to my son Bennett
Downes all the money that I have advanced him, and with 
which the _____ (tailors?) charged on my Books, as
also one negro Boy ___ son of Rachel untill he shall be 
thirty three years old, one negro Boy ____ son of Eliza to
serve untill he shall be thirty three years old, one negro 
Boy named Joseph to serve untill he the said Joseph shall
be thirty three years old.
 
Item.  I give and bequeath to my two Daughters Mary 
Elizabeth Downes and Ann Matilda Downes, Jointly all
that farm wherein Charles Skully now resides called 
Marsh Land and Bourkes expectation which I purchased of
Robert H. Cummins agent for Emeline Longstreet, containing 
about three hundred and seventy acres also part of
a tract of land called Marsh land which I purchased of 
Thomas B. Turpin Trustee for the sale of the real Estate of
Samuel Meeds containing about forty acres as also a 
tract of land called Roes Choice which I purchased of
Thomas M. Foreman containing about sixty acre as also 
severall parts of tracts of land the name of which I do not
recollect which I lately purchased from the heirs of the 
late Isaac Baggs lying in Caroline County and containing
about three hundred acres to be equally divided between 
them but in fee simple. 
 
Item.  I give and bequeath to my Daughter Mary Elizabeth 
Downes one negro Girle Harriott to serve untill she
shall be thirty five years old, as also one ______ and 
one Feather Bed and furniture.
 
Item.  I give and bequeath to my daughter Ann Matilda 
Downes one Boy called John Wesley to serve until he
shall be thirty three years old, as also one Feather 
bed and furniture.
 
Item. I give and bequeath to my Grand son William Jones 
one negro Girle named Mariah to serve untill the said
Mariah shall be thirty five years old.
 
Item.  Whereas I lately purchased of the Heirs of the 
late Isaac Baggs or Rather of certain commissioners named
in a commission from Caroline County court certain tracts 
or part of tracts of land lying in Caroline County 
aforesaid and there appearing to have been some 
informality or Irregularity in the proceedings of said
commissions in consequence of which I have not yet obtained 
a regular title to the same, and whereas the heirs
of the said Isaac Baggs Expressed a willingness to deed 
the said land purchased as aforesaid , now my will and
desire is that if the same shall not be deeded to me in 
my lifetime that it shall be deeded to my two Daughters
Mary Elizabeth Downes and Ann Matilda Downes to whom 
I have divised the same as above, and upon the
deeding thereof as aforesaid, I hearby direct and 
request my Executors to pay the purchased money to whom it
may be due out of my personal Estate.
 
Item.  It is my will and desire that when my negroes named 
in this will shall have served out the several Terms of
years mentioned as aforesaid for each so named that they 
shalt then each and every one of them be free forever
thereafter from any and every kind of service or servitude 
whatever.
 
Item.  I give to my negro woman Eliza her freedom to take 
effect immediately after my decease.
 
Item.  My will and desire is that the residue of my 
personal Estate be divided as follows.  Not with standing the
legacies mentioned above, to wit to my wife Matilda Downes, 
one third part thereof and the Balance to be equally
divided Between my five children to wit; to my son John 
W. Downes one fifth part thereof, to my son William H.
Downes one fifth part thereof, to my son Bennett Downes 
one fifth thereof, to my Daughter Mary Elizabeth
Downes one fifth thereof, and to my daughter Ann Matilda 
Downes the remaining one fifth thereof.
 
Item and lastly I do hereby constitute and appoint my son 
William H. Downes sole Executor of this my last will
and Testament revoking and annulling all former wills 
by me heretofore made Ratifying and confirming this and
none other to be my Last will and Testament.
 
 In Witness whereof I have hereunto set my name and 
affixed my seal this second day of April in the year of our
lord one thousand Eight hundred and thiry (thirty) nine, 
Signed sealed published and declared by William
Downes

The within named Testator as and for his Last Will and       Wm Downes (seal)
Testament in the presence of us the subscribers who at 
his request in his presence and in the presence of each
other have subscribed our names as witensses thereto
Jack Clements
Thos Bewley 
James Roe

Queen Anne County   
April 30th 1839  Then came William H, Downes Executor 
within named and made oath on the Holy Evangely of
Almighty God that the foregoing is the will and whole 
Last will and Testament of William Downes late of Queen
Anne County dec'd  that has come to his hands or possession, 
and that he does not know of any other.
     Tho. C. Earle Reg Wills
     for Queen Anne County

Queen Anne County
April 30th 1839  Then came Joel Clements, Thomas Bewley 
and James Roe three of the subscribing witnesses to
the foregoing will, and severally made Oath on the Holy 
Evangely of Almighty God that they did see William
Downes the Testator Therein named 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 his so doing he was to the best of their
apprehensions of sound and disposing mind memory and 
understanding and that they subscribed their
respective names, as witnesses to the said will, in the 
presence of each other and in the presence of the Testator
and at at his request.
     Tho. C. Earle Reg Wills
     for Queen Anne County