Will of William H. Downes, 1867 (Queen Anns County, MD)

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                            WILLIAM H. DOWNES

Will of William H. Downes from Register of Wills, Queen Anne's County, Centreville,
Maryland, 1867

In the name of God, Amen, I William H. Downes of Queen Anne's
County in the State of Maryland, being weak in body, but of sound,
disposing 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 leave this world when it
shall please God to call one hence do therefore make and publish this my last
will and testament, in the manner and form following that is to say.

First and principally I commit my soul into the hands of Almighty God and
my...to the earth to be decently buried at the discretion of my executors
hereinafter named and after my debts and financial charges are paid.

I devise, Bequeath and charge as follows, that is to say.

Item. It is my will and desire for all my children to share my estate, both real
and personal equally, and I laid out and expended considerable amounts of
money upon my older children for their education.__ which I shall not be
spared to bestow upon the younger ones, therefore I make the following
charge that they shall bring the several sums of money thus charged into my
estate before distribution by the Orphan's Court and that the same
shall be a lien upon the land hereinafter devised to them until accounted for
to my estate; that is to say,

1st . I have laid out and expended upon my son Philip W. Downes the sum
of two thousand ($2,000) for his Education and I hereby express charge the
real estate hereinafter devised to him, with the payment of that amount to my
estate; but this does and is not apply to any monies I am owing to him at the
time of my decease.

2nd. I have laid out and expended upon my son Dr. William H. Downes, the
sum of two thousand and five hundred ($2500) dollars, for his education,
and I hereby expressly charge the real estate herinafter devised to him the
payment of that amount of money into my estate.

3rd. I have laid out and expended upon my son Reynor B. Downes the sum
of one thousand ($1000) dollars for his education, farming implements,
stock, seed wheat and fertilizers, and I hereby expressly charge the real
estate hereinafter devised to him with the payment of the amount of money
into my estate.

4th. I have laid out and expended upon my daughter Francis L. Downes the
sum of one thousand ($1000) for her education, and I hereby expressly
charge, the real estate here in after devised to her with the payment of that
amount of money into my estate.

5th. I have laid out and expended upon my daughter Annie L. Downes the
sum of one thousand ($1000) dollars for her education, and hereby
expressly charge the real estate hereinafter devised to her with the payment
of that amount of money unto my estate.

Item. I give, devise and bequeath unto my eldest son, Philip W. Downes, my
Keene's Crop Road farm, situated in Caroline County n the South
side of the main county road leading from Beaver Dams to Templeville and
on the East side of the County road leading Peters Corner to Melville,
purchased by me of A.S. Godwin and containing the quantity of two
hundred and thirty acres, more or less, and I value the same at the sum of
five thousand seven hundred and fifty ($5750) dollars.

Item. I give , devise and bequeath unto my son Dr. William H. Downes, the
Pratt land purchased by me (from) D.L. H. Emory, Trustee and containing
the quantity of two hundred and nineteen acres of land more or less and I
value the same at the sum of three thousand two hundred and eighty five
(3285 00/100) dollars.

Item. I give and bequeath unto my son Reynor B. Downes a part of the
Peter Hardcastle Tract, purchased by me of James L. Bartol, as Trustee,
and a small lot of land I have since added to the Peter Hardcastle Tract
purchased by me of R? Jones as follows: all and singular all the arable land
of said tracts, situate lying and being adjacent to the lands of Dr. Alex
Hardcastle, and now used and occupied by the said Reynor B. Downes, and
that the division fence as it now stands beginning at a gate post on the line
between this farm and R.E. Hardcastle's home farm running with said
division fence as it now stands to the farm of the late Nataline Raynard, shall
be the Northern boundary thereof, together with one third of the woodland
belonging to the said Peter Hardcastle Tract, and said woodland I want and
hereby fully authorize said empower my brother John H. Bennett Downes, to
divided into three equal parts between said Reynor B. Downes, and the
lands I hereinafter devise unto my daughters Francis L. Downes and Anna L.
Downes, thus divided this tract contains two hundred and ten acres of land,
more or less and I value the same at eight thousand and four hundred
($8400) dollars.

Item. I give and devise unto my daughter Francis L. Downes, that part of the
arable land enclosed land of the Peter Hardcastle Tract, situate lying and
being adjacent to the Nataline Baynard farm, and now used and occupied by
John Clark as tenant, and the division fence as it now stands between this
and the tract whereon Wm. Sherwood lives shall be the western boundary
thereof, together one third of the woodland belonging to the said Peter
Hardcastle tract to be divided as hereinbefore mentioned ., thus divided this
tract contains two hundred and ten acres of land, more or less, and I value
the same at the sum of five thousand two hundred and fifty dollars ($5250).

Item. I give and devise unto my daughter Annie L. Downes, all the residue of
the arable land of the Peter Hardcastle as now used and occupied by James
H. Sherwood, as tenant together with one third of the woodland of the said
Peter Hardcastle Tract to (be) divided as aforesaid; thus divided the tract
contains two hundred and ten acres of land more or less and I value at the
sum of five thousand two hundred and fifty dollars.

Item. I give and devise to Oliver Cork and Kitty ___ my wife's
former servants in consideration of their fidelity and good character, or the
survivor of them during their natural lives, a house and lot on the said Peter
Hardcastle tract on the main County Road running along the woodland of the
said Peter Hardcastle tract with the privilege of getting all the rails necessary
to keep the enclosure around said lot and firewood for their own
consumption, anywhere on the woodland of the Peter Hardcastle Tract
heretofore devised to my son Reynor and my daughters Frances & Annie
and after their death; the said house and lot I devise and bequeath to my
daughter Annie L. Downes.

Item. I have sold to James Mathews all the woodland on the North side of
county road running along the Peter Hardcastle Tract of woodland, and
when he pays the residue of the purchase money, I hereby empower my
Executor to give him a good Deed for the same, it contains about four acres
of Land.

Item. I give, devise and bequeath unto my two sons Stephen R. Downes and
Ernest Downes a small tract of land called Squirrell Swamp, a portion of
which was presented to me by my Brother Bennett Downes, and the residue
I took at Henry Hughes bid at the sale of commisioners of John
Thawley's; Real Estate, containing the quantity of twenty-five acres,
and I value the same at two hundred and sixty four dollars.

Item. I give, devise and bequeath unto my son Stephen R. Downes, that
tract of commonly called and known (land) by the name of Church Fields
situate on the north side of the County road leading from Bridgetown to
Ruthsburg which I purchased (at) the commissioners sale of the Real Estate
of John Thawley, dec. together with ten acres of woodland to be taken from
the Brown farm which I purchased of the heirs of James Baynard, on the
right hand side of the road to Hattie Hardcastle's farm, and
containing in the aggregate the quantity of two hundred and fourteen acres of
land, which I value at six thousand, four hundred and twenty dollars.

Item. I give, devise and bequeath unto my son Ernest Downes, that tract of
land, situate on the East side of the County road leading from Bridgetown
M.E. Church to Beaver Dams and immediately adjacent to the church which
I also purchased at the commissioners sale of John Thawley's real
estate and whereon Thomas Cahal now resides as tenant together with ten
acres of woodland to be taken from the Brown farm, immediately adjoining
and on the same side of the road as that I devised to my son Stephen R.
Downes, making in the aggregate the quantity of one hundred and eighty six
acres of land more or less, and I value the same at five thousand, five
hundred and eighty dollars.

Item. I give and devise and bequeath unto my daughters Ida Downes and
Clara Downes and my two sons Emmett Downes and Eldridge Downes as
tenants in common the farm whereon, I now reside, commonly called and
known by the name of the Baynard Farm, situate, lying and being on the
South side of the main County road leading from Bridgetown to Ruthsburg,
and the Brown farm situate on the North side of the same Road with Hattie
Hardcastle's Land on the East and the land of the heirs of John B.
Thomas, on the west, being the lands that I purchased of James
Baynard's heirs and I value the same at twenty three thousand, three
hundred and twenty dollars.

Item. It is my will and desire to make my children equal and share alike in my
real estate and the money valuations, that I have placed upon my real estate
make in the aggregate the sum of sixty three thousand five hundred and
nineteen dollars and the interest or share of each child in my real estate
makes the sum of five thousand, seven hundred and seventy four 45/100
dollars, according the money valuation I have placed upon it, and I hereby
expressly charge that each shall pay to the other such amounts of money as
may be necessary to make them equal and share alike, on said money
valuation and the same is hereby made a lien upon the land of the several
legatees until it shall be paid.

Item. It is my will and desire that after the payment of my debts, my personal
estate shall (be) divided equally between my children and the guardians
appointed by the Orphan's court for those of tender years, shall pay
out of the monies coming due by a distribution of my personal estate, to the
other heirs any money that may be due by any infants on the real estate
devised to any infants and to get a full release from the encumbrances on the
land and have the same duly recorded; and likewise for their guardian to
receive and invest under the order of the Orphan's Court in some
good and safe mortgage any monies that may be due and owing to any of the
infants from any of the legatees.

Item. It is my will and desire that my beloved wife Sarah M. Downes, shall
have her legal rights in my estate; and lastly I do hereby nominate and
appoint my sons Philip W. Downes and Dr. William H. Downes to be the
Executors of this my last will and testament.

Witness my hand and seal this twenty second day of March in the year
eighteen hundred and sixty seven.

Wm. H. Downes (seal)

Signed, sealed, published and declared by William 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
subscribed our names as witnesses thereto.

James A. Richardson

Daker Booker

Benjamin Coursey

Queen Anne's County, ___

June 4th 1867

Then came James A. Richardson, Daker Booker and Benjamin Coursey, the
subscribing witnesses to the foregoing will, and made oath on the Holy
Evangely of Almighty God, that they did see William 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 their apprehension of sound
and disposing mind, memory and understanding, that they subscribed their
names, as witnesses to the said will in the presence of each other, in the
presence of the Testator and at his request.

W.A. Johnson, Reg. Wills for Queen Anne's County

Queen Anne's County, ___

June 4th Anno Domini 1867

Then came Philip W. Downes one of the Executors herein named (the other
having renounced) and made oath on the Holy Evangelly of Almighty God,
that the foregoing Instrument of writing, is the true and whole last will and
testament of William H. Downes late of Queen Anne's County,
deceased, and that he doth not know of any other.

W.A. Johnson, Reg. Wills

To the Judges of the Orphan's Court for Queen Anne's
County, I hereby renounce the Executorship of the last will & testament of
W.H. Downes, decd

June 4th, 1867 Wm. H Downes MD