Will of William Downing

Submitted by Barbara Blake Goddard.


Ohio County Will Book 2, Page 42

Sept. 28th 1812  In the name of God amen
 
I William Downing of the County of Ohio and Commonwealth of Virginia 
being weak of body but of sound mind and memory, thanks be to God for 
his Mercies and goodness do make and ordain this may last will and 
testament: I recommend my Soul to God who gave it, and my body to the 
dust to be buried in a decent and Christian like manner at the 
discretion of my Executors hereinafter mentioned and touching my 
worldly affairs wherewith it hath pleased God to bless me with in 
this life, I give and dispose of the same in the following manner, 
Viz:

Item 1st. I direct all my Just debts to be paid, and after all my 
Just debts are paid

2d  I give and bequeath to my Son James one dollar which with what I 
have already given him is to be - in full his share of my estate.

3d  I give and bequeath to my daughter Margaret one cow which with 
what she has already got is to be in full her share of my estate, 
only as shall be hereafter directed

4th  I give and bequeath to my son John one dollar which with what he 
has already got is to be in full his share of my estate.

5th  I give and bequeath to my son Joseph one dollar which with what 
he hath already got is to be in full his share of my estate only I 
direct that he be paid as a debt forty dollars on account of Scotts 
family bible which he sent me,

6th  I give and bequeath to my son Samuel one hundred dollars which 
is not to be paid until after all my Just debts and legacies are paid 
except my Grand son Wm W Downings and when paid is to be in full his 
share of my estate.

7th  I give and bequeath to my son David one dollar which with what 
he hath already got is to be in full his share of my estate; only as 
hereafter expressed if he should return home again I direct that he 
may have the house and Lot of ground formerly belonging to my Son 
Alexander as long as he may chose to live in the same, said house and 
Lot of ground to be kept in good repair by my Sons William Robert and 
Joshua, and also to be at the equal expense of cutting and hauling 
fire wood sufficient for him while he should remain there, but if he 
should no think proper to live there, then said house and lot of 
ground to be rented for the alike benefit of my three sons above 
mentioned and to be kept in repair by them.

8th  I give and bequeath to my son William and his Heirs forever that 
piece of land known by the name of the lower field at the back of the 
orchard described as follows the fence next the orchard to be the 
line as it now stands and to run in a direct course until it joins 
the line of the place now occupied by John Snodgrass and also that 
piece of land known by the name of the field next to William Greys 
plantation the fence beginning at the lane next Joseph Alexrs. and 
running in a straight line down the gulph below the still house and 
until it meets the line fence before described & the fences on each 
side of the gulph to stand as they are at present all the fences 
below these lines to be kept in repair by the said William on the 
side of the gulph next to Wm Grays line, and all the wood land on the 
South & East side of the spring running from the still house to the 
lower end of the plantation to belong to the last described piece of 
land and for the support of the first mentioned piece of land the 
said Wm is to have eighteen perches of wood land running paralel with 
the fence at the lower end of the field from the forementioned spring 
run to the line of the place now occupied by John Snodgrass, and if 
Wm should chose to have the fence on the South side of lower field 
next the gulph moved so as to enlarge the field, Robert & Joshua are 
to move it at their expense, and likewise if William should chose to 
move the fence on the other side of the gulph further down so as to 
the other field he is to move it at his own expense but so as to 
leave a road of four rod wide down the gulph on good ground for 
cattle to travel up and down to the ridge, Robert & Joshua to keep up 
and maintain the fence down the gulph on the North side thereof at 
their proper expense, and also after the Term of ten years from this 
date they said Robert and Joshua are to keep up and Maintain in good 
order the line fence between them & Wm at the back of the orchard 
from the Gulph Northward and likewise said William is to have on 
third part of the fruit of the orchard for the Term of fifteen years 
from this date he being at one third the expense of keeping the same 
in order and the fences thereof, likewise he the said William is to 
have one third part of the profits arising from the distillery horse 
mill and cider press he assisting and being at one third of all 
attendance and expenses of keeping the same in good order, and if he 
should think proper to bring his grain to the barn to stack and 
thrash it, then he is to be at one third of the expense of keeping 
the barn in repair, but if he should chose to build a small barn on 
his own part of the land then Robert and Joshua are to assist him and 
be at two third the expense of cutting and hawling and putting up the 
same the timber thereof to be taken off said Wms. dividend of the 
plantation

9th  I give and bequeath to my son Andrew five dollars which in 
addition to what he has already got will be in full his part of my 
estate to be paid him in the year 1815.

10th  I direct that the one fourth part of all the grain and cattle 
horses (except such as should be hereafter mentioned) fruit sheep and 
hogs now in my possession to be disposed of for the purpose of paying 
my son Andrew what will be due him on the first of April next, but if 
Robert & Joshua should chose to keep them at the value to be laid on 
by two or three Judicious men then they the said Robert and Joshua 
are to pay the said Andrew two hundred dollars on the first day of 
April next as his first note will then be due, and if the said Robert 
and Joshua should think themselves able to pay Andrew his money 
punctually as it becomes due then the sd Robert and Joshua are to 
have his dividend of my land which I designed him to be described as 
follows beginning at the line of the lot formerly son Alexrs running 
two rod below the head of the spring in a direct course to the other 
side of the plantation next to Richd Smalls line so as to make 
eighteen acres of clear land on the side next the road, and all the 
wood land adjoining the same to the lines of Abraham McColloch & John 
Wilson on the North side of the road and all appurtenances thereto 
belonging forever, but if the said Robert and Joshua should not think 
themselves competent to discharge the said Andrews money as it 
becomes due then my son Willm to assist them in discharging the said 
debt to Andrew, for which Robt. and Josh . are to pay him back again 
either in cash or in land along his line as they may agree upon 
between themselves, but if Robt. & Joshua may think themselves 
competent of paying Andrew and keeping aforesaid land, then Willm to 
be freed from all charges against himself and family which I had 
designed against him to this date, except a small debt which stands 
in my book against him

11th  I leave and bequeath to my sons Robert and Joshua that piece of 
wood land on the South East side of the road leading to West Liberty 
along Richard Small line for the use of fence along the lane, 
together with all clear land and wood land in my possession not 
already devised or that may not be hereafter mentioned I allow them 
to live here together and to fix off the new house until such time as 
it may be convenient for them to build a house on some suitable 
situation near the road leading to West Liberty for Robert to live 
in, and Joshua to live in the Mansion house where I now live, the 
West end of the barn and stable for the use of Joshua and the East 
end of the barn and stable for the use of Robt. the threshing floor 
and stable under it for the alike use of both and also as soon as it 
may be convenient Joshua to assist Robt in building a small barn 
where it may suit him then Joshua to have the whole priviledge of the 
old barn, but no buildings of any kind that can be omitted to be 
carried on until all my Just debts and legacies are paid it is to be 
observed that if Robt and Joshua keep the dividend of my land which I 
had designed for Andrew then after what can be made sale of this year 
for the payment of my debts then to pay three fourths of all my Just 
debts and legacies as they may become due and to receive three 
fourths of all profits arising from the fruit of my orchard and 
distillery and William One fourth of said profits as long as he 
lives, and to pay one fourth of all my Just debts and legacies as 
they may come due, but neither of these my sons may sell any part of 
this my land for two full years after all my Just debts and legacies 
are paid but then if any of them sell they may not sell to a stranger 
until they have made an offer of it to the others who may wish to 
reside here and then if they cannot purchase he may sell it to a 
stranger but may not sell any priviledge of the orchard distillery or 
horse mill, but they must return to the others who may wish to live 
there.

12th  I direct that these of my three sons do enclose with pailings 
as much ground at our burying place as may be sufficient for the 
whole family to bury in, and also put a head & foot stone at their 
Mothers grave with her name and the date of her birth and death 
inscribed thereon, and also the same at Alexrs grave as soon as may 
be convenient.

13th  I give and bequeath to my daughter Jennet on feather bed and 
bed clothes sufficient for a bed, on trunk which she claimed when at 
home, one spinning wheel, one cow worth fifteen dollars or fifteen 
dollars in cash as soon as convenient, and in addition to these 
articles two hundred dollars, to be paid her as follows, to commence 
one year after all my Just debts are paid and to be paid one hundred 
dollars yearly til it be paid and when paid is to be in full her 
share of my estate and on account of her services done to me when at 
home  -  I request of my son in law Wm Stringer if my daughter Jennet 
should die before him that she be buried at our burying place beside 
her mother and himself likewise if convenient.
N.B. it is to be observed that Jennet has received all the above 
written articles which I left her.

14th  I leave and bequeath to my daughter Mary one feather bed one 
bed sted, and sufficient cloathes for one bed one all to be of her 
own chosing my two fringed cover lids and her mothers callico quilt 
two new blankets now in the house to be got dressed for her by Wm 
Robert and Joshua on their own account, one half dozen tea ware, one 
dozen knives and forks, one half dozen table spoons, one half dozen 
tea spoons, one half dozen split bottom chairs, her mothers spools, 
one pot and hooks, one kittle and bale of her choice one pot rax, one 
skillet, one pair of salt sellars, one tea pot one tea kittle iron, 
one spinning wheel and reel both new, the cupboard formerly son 
Alexrs. one milk cow her choice, the geese to be kept here as usual 
until Robert and Joshua have each of them a bed made up, & then the 
geese to be at her disposal

15th  I further direct that my sons Wm Robt & Joshua yearly and ever 
year do give unto Mary eight pounds of good wool corded into rolls 
four pounds good cotton, sixty pounds good swingled flax one hundred 
& twenty five pounds of good beef & one hundred and twenty five 
pounds of good pork, two bushels good salt, twelve bushels wheat and 
twelve bushels corn ground into meal and brought home to her for her 
own use five bushels corn and five bushels Rye ground into Meal and 
if this quantity of grain be not sufficient for food then more must 
be added to it, one good waggon load of good hay taken to her and put 
up in good order and if it not be sufficient for the keeping of her 
creatures then as much must be added to it as will be sufficient it 
is to be understood that if Robert and Joshua keep Andrews share of 
the land then they are to furnish unto Mary three fourths of the 
articles in the above last mentioned 15th section and Wm one fourth, 
but if they make any dividend of the said land with Wm then Wm is to 
furnish one third and Robert and Joshua two thirds of the articles 
described in the last fifteenth section unto the said Mary while she 
remains unmarried and then to cease.

16th   I further direct that the youngest colt of the old mare named 
Jolly be given unto Mary and kept for her until such time as it will 
be fit to ride or work, and at present to furnish her with a horse 
saddle and bridle until such times as her own be fit to ride.

17th  I further direct that in addition to these articles above 
described I give and bequeath unto my daughter Mary four hundred 
dollars to be paid as follows to commence payment two years after all 
my Just debts are paid if it can conveniently be done without 
distressing my sons, but if not then one year more will be given, 
then one hundred dollars annually til the whole is paid.

18th  I further direct that Mary have given her a good saddle and 
bridle and each of my sons Wm Robert & Joshua do give her yearly 
three pair of shoes viz two coarse pair and one fine pair.

19th  It is further my will that my daughter Mary have all the before 
written articles as they are specified if she marry into a Christian 
family where the whole word of God is the standard by which they 
frame their lives and actions, without any limitations in the stead 
thereof, but if she marry & not into a family of the above 
description then she may not have the whole of the before mentioned 
articles nor money.

20th  I further direct that if she marry and that not into a 
Christian family as above written then she is to have her bed and bed 
cloathes for one bed & one hundred dollars in Money as soon as my 
Executors are able to pay it without distress which is to be in full 
her share of my estate,

21st  It is further my will that one month after my decease my 
daughter go and live at the Oliver Crawford and that Robert and 
Joshua do assist her in taking and carrying all & every of the 
articles described in the fourteenth section of this my will to the 
said Oliver Crawford and also the articles Mentioned in the fifteenth 
section to be taken to her to the same place without any fraud or 
delay and also that the said Mary be directed and instructed by the 
said Oliver Crawford and his wife Margaret in all and every of their 
undertakings, especially travelling about the country on the Sabbath 
day and every other part of her conduct.

22nd  I leave and bequeath to my Grandson William Wilson Downing one 
hundred dollars to be paid as follows, fifty dollars to be paid in 
Gales annually as it may be needed for his cloathing and schooling, 
and when arrived at the years of fifteen or sixteen I allow him to be 
put to a good trade and when arrived at the years of maturity he is 
to be paid the remaining fifty dollars by My Executors, but if he be 
not put to a trade then his father is to give his bond and security 
to my Executors to pay unto the said Wm W Downing fifty dollars when 
arrived at the years of discretion, I also Allow Andrew to get ten 
bushels of wheat with what he has already got and ten bushels of corn 
for the use of himself and Wilson til such times as he may have grain 
of his own.

23rd  I direct that all my dresser furniture of pewter of every 
description be gathered together and divided among my three daughters 
Margaret Jennet & Mary equally, all other dresser and household 
furniture to remain in possession of Robert and Joshua not before 
mentioned, only my kittles and posts to be divided between my three 
sons Wm Robert and Joshua,

24th  My Scotts family bible to be for the use of all my children who 
may chose read them but not of them to have the priviledges of 
lending any of them to a stranger without the consent of the others, 
and if any of them should move away to a distance they may not take 
any of them away with them all my other books of every discription be 
gathered in and divided equally amongst all my children, only my 
Fishers catichism I leave to my daughter Mary beside her divide of 
the others.

25th I direct that all my stock of horses, cattle, sheep and hogs, 
(not already devised or that may not be hereafter devised) my plows, 
and harrow, my horse gears and waggon to be divided equally among my 
three sons Wm Robt and Joshua.

26th  I allow my old mare named Jolly to Robert and Joshua the first 
season to raise them a colt and the next season to Wm to raise him a 
colt and then to return to Robert & Joshua and to be kept by them 
while she lives.

27th  I direct that the year old colt of the old mare named Jolly be 
given to my son Joshua for the care he took of me in my sickness.

28th  I direct that the youngest colt of my grey mare be given to my 
daughter Margaret for the care she took of me in my sickness, and 
five bushels brand and two bushels shorts to feed it this winter.

29th  I direct that my two daughters Margaret and Mary have as many 
apples as they may use in the summer and each of them eight bushels 
in the fall for use in the winter they to pick them, and Mary to have 
one barrel full of good cider every fall taken to her, 

30th I direct that my daughter Ann Downing while she remains in the 
parts have as many apples and peaches as she may use in the summer 
and six bushels in the fall for use in the winter.

31st  I further direct that my daughter Mary have given her by my 
three sons a decent riding coat of what colour she may chose also a 
washing tub, a bucket and a looking glass.

32nd  My silver buckels I leave to my son John as soon as they may 
conveniently be sent him.

33rd  My wearing clothes of every description to my son William

34th  My old family bible and psalm book to my son Joshua.

35th  I further direct that each of my children have given them and 
each of them a school or pocket bible and psalm book the psalms of 
David in Metre as soon as may be convenient.

36th   all the road round and through the plantation to stand as 
formerly likewise the road through the lower field as usual and when 
Robert and Joshua may divide their land then the lane from the barn 
to be finished Robt making his share and Joshua his share of the sd 
lane fence also the line fence between them Robt to make the West end 
of it from the to Alexrs lot leaving Joshua the priviledge of the 
water for the use of watering creatures, and Joshua the East end of 
the fence from the lane.

37th  The wood for the use of the still house this season is to be 
cut round the lower field eight rod wide but not any timber that may 
suit for rails, and then afterward each of them to cut and hawl the 
wood for the same off their respective shares of the land,

38th  It is my desire that my sons keep good rules about the 
distilling that they may keep from all gambling frolicking or 
drinking to excess, or selling of Whiskey by small drams or quarts to 
be drank in stillhouse.

39th  All my stock of Carpenter tools I leave to Robt and Joshua and 
one of my broad axes also, my other broad axe to my son Andrew.

40th  My son Alexrs Smith tools to be appraised, Robt and Joshua to 
keep the tools and to pay the balance to Wm & Andrew

41st  I give and bequeath to the Revd. Alexr. McCoy while he lives 
the interest of fifty dollars annually in favor of Short Creek 
Congregation, and after his death, if there be a Seceder Minister 
holding the principles of the reformation preaching in said 
congregation for the benefit of said congregation forever to be paid 
by my sons Wm Robt and Joshua or their Heirs forever.

42nd  I leave all my lands and other property security for the 
payment of all my debts and legacies as they may become due.

43rd  I hereby constitute and appoint my son William Downing Executor 
and my son Joshua Downing assistant Executor both to be sworn in of 
this my last will and testament, revoking and disannulling all former 
wills by me made and declaring this to be my last will and testament

44th  I further direct that both of these my Executors do keep a book 
and make an entry of all transactions relating to this my last will 
and testament which may be open for the inspection of my guardians 
every half year.

45th  I hereby appoint my son Robert Downing & Oliver Crawford 
Guardians of this my last will and testament and hope that they will 
do all things relating to their office until such time as all my Just 
debts and legacies are paid.

46th  N.B. If Robert and Joshua keep Andrews share of the land then 
Wm to keep in repair one fourth part of the fence around the orchard 
and all expenses of keeping the same in order.

47th  I direct that that Robert and Joshua do give unto Wm one acre 
of Meadow ground for two years from this date, signed sealed 
published & declared by Wm Downing Senior as his last will and 
testament in presence of us

						Wm Downing      Seal
Oliver Crawford
James Alexander

N.B. All interling and erasing is done by my consent as a part of my 
will as witness my hand and seal.
						Wm Downing    Seal

in  presence of us 

Oliver Crawford
James Alexander

A true copy from the original which was proven in Court at March Term 
1813 by the oaths of Oliver Crawford and James Alexander subscribing 
witnesses thereto and ordered to be recorded.
			Teste:
				Wm Chapline Jr C.O.C.


BACK