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.