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State of North Carolina
Tyrrell County
Book 1, page 125
Dated 4 November 1780
In the name of God amen: I Henry Downing of the County of Tyrell & state of North Carolina do make & ordain this my last Will & Testament in manner & form following -
First - I give & bequeath unto my son Richard Downing a moity or the one half of all my lands to him & his heirs forever -
2dly - I give & bequeath to my son Stephens Downing the other moity of all my lands to him & his heirs forever -
3dly - It is my Will that the manor plantation & houses be laid off in my son Stephens's half of the land, devised above -
4thly - It is my will that the saw & grist mills be devided equally between my two sons, so that each may share one half or the proffits arising therefrom.
5thly - I give my two sons above named all my stock of horses hogs cattle & sheep to be equally divided between them first disposing of a sufficiency to discharge my just debts.
6thly - It is my will & pleasure that all the rest of my Estate be kept for the use of the plantation untill my sons come age -
7thly - I give to my two sons above named all my negroes to be equally divided, share & share alike to them & their heirs forever -
8thly - It is my will & pleasure that the Negroes above devised be worked on the lands untill my son Richard come of full age; afterwards to be devided together with all the stock of horses hogs cattle & sheep -
9thly - It is my Will & pleasure that if either of my two sons should die before they come to the age of twenty one years or marries & has living issue - that the survivor shall enjoy & I do hereby give all the deceased brothers share of my Estate to him & his heirs forever -
10 - And lastly I do hereby nominate constitute & appoint Thomas Mackey Esqr. & Capt. Friley Jones my Executors to this my last Will & Testament hereby revoking all other Wills by me made as witness my hand & seal this 4th day of November 1780. Red published & declared to be the last Will & Testament of Henry Downing in presence of us
Henry Downing (Seal)
Robt. Davison
John Canady Junr.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1781
Ordered that the executors of Henry Downing sell so much of the perishable part of sd estate to pay the debts and make returns to the next court.
Robert Daverson Esqr. appeared in open court & proved the last will and testament of Henry Downing deceased and ordered to be registered.
Thos. Mackey & Fryley Jones appeared in open court and quallified as executors to the last will and testament Henry Downing deceased.
April Court 1787
Ordered that Richard Downing orphan of Henry Downing deceased be bound unto Benjamin Cook for the term of seven years to learn the art & mistry of shipbuilder.
April Session 1788
Ordered that Richard Downing orphan of Henry Downing deceased be bound unto James Wood for the term of {blank} years & the said James Wood is to learn the said Richard Downing the art & mistery of a house joiner.
July Session 1791
Ordered that Richard Downing orphan of Henry Downing deceased be bound unto Walter Hanrahan Merchant of Washington for the term of {blank} years or until he arrive to lawful age, and the said Walter Hanrahan shall teach & instruct the said Richard Downing in the branch of merchandize.
October Session 1793
Ordered that Col. Edmund Blount be appointed guardian to Stephen & Richard Downing.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.18), Box 18
Downing, Henry, 1781
Account of the hire of lands & negroes belonging to the estate of Henry Downing deceased dated 1 Jan 1784.
Negro man named Toney to Solomon Ansley
Negro man named Sharper to John Jones
Negro man named Freeman to Robert Wynne
Old Freeman to Caleb Bembridge
Old Beck to Isaac Peacock
Tobey to John Chesson
The manner plantation to Jacob Blount
Hickory thicket field to Caleb Bembridge
The island field to Caleb Bembridge
Guardian bond dated 13 Oct 1793 in the amount of two thousand pounds appointing Edmund Blount Junr. guardian of Richard & Stevens Downing orphans of Henry Downing deceased.
Many summons and executions over more than 15 years recovering debt to the estate.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Henry Downing to Delilah Dwight (widow) on 30 Dec 1765, Stevens Lee & Benja.
Blount securities. Delilah was the widow of Joseph Dwight and her maiden name was Fagan.
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