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Colony of North Carolina
Tyrrell County
Dated 24 February 1748
In the name of God amen. I William Downing of Tyrrel County in the Province of North Carolina being very sick & weak in body but of sound & perfect mind & memory praise be given to almighty God therefore do make and ordain this my last will & Testament. First of all I recommend my soul into the hands of God that gave it and my body I recommend to ye Earth to be decently burried at the discreation of my executors hereafter named and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give and dispose of the same in the following manner.
Item - I give & bequeath to my beloved wife Ann one Negro woman named Moll together with her increase which may hereafter be born of her during her natural life & after the decease of my sd. wife I give & bequeath the said Negro woman & her increase as aforesaid to my children to be eaqully devided between my daughters Mary & Elizabeth and my son Henry.
Item - I give and bequeath to my said wife Ann one black mare called Phenix.
Item - I give and bequeath to my said daughter Mary one Negrow woman named Edce & her increase & her heirs forever.
Item - I give and bequeath to my daughter Elizabeth one Negow girl named Patience and one Negrow boy named Tom & her heirs forever.
Item - I give and bequeath to my son Henry Downing and his heirs forever one Negro girl named Phillis & one Negro boy named Squire.
Item - I give and bequeath to my said son Henry the Plantation whereon I now dwell togeather with all the land thereto belonging with my tract of land called the Island right across the Mill pond agains ye Plantation whereon I now dwell containing by deed twenty nine acres to him and heirs forever.
Item - I give and bequeath to my wife Ann during her widowhood the use & occupation of my said plantation & houses where on I now dwell together with the use of my horses & utentils proper & usefull for farming without any controsel or intruption provided that the said horses or utensals may be spared from tending on my saw mill.
Item - I will that my Executors use & imploy my saw mill and the apertunances thereunto belonging and my Negroes Donas Philander & Jack for & to ward the discharge of a debt due by my deceased father to Samuel Hearing woollen Draper in London in old England until the said debt shall be discharged that ye Executors have free liberty to cutt what quantity of pine or other timber free for repairing ye sd. mill & sawing of planks board scantling to discharge ye debt aforesaid & no ways to be inturrupeted in ye said work.
Item - I give and bequeath my saw mill and Donas Philander & Jack after the said debt is discharged & payed to my son Henry & his heirs forever.
Item - I give and bequeath that part of my household goods which shall or may remain after my just debts shall be paid out of sd. Goods to be equally devided between my said wife Ann & my children aforementioned.
Item - I give & bequeath all my Black cattle hoggs & sheep to be equally devided between my wife Ann & my daughters Mary & Elizabeth & son Henry.
Item - I give my hone to John Hughs & his heirs forever
Lastly - I nominate & appoint Steven Lee of Tyrell County Esqr. & Collo. John Barrow of Beuford Count Executors of this my last will & Testament & hereby revoking & making void all & every other & former wills & testament whereof I hereuntosett my hand & Seal this twenty fourth day of Feb. 1748.
W. Downing
Signed Sealed and Delivered
In presence of
Jacob Blount
James Jones
Mary Jones
North Carolina
Tyrrel County
At a Court of Comon pleas begun opened and held at the Court house in said County the seventh day of March and Domm 1749
The Last Will and Testement of William Downing Des'd being exhibeted into Court was proved by the oath of Jacob Blount & James Jones subcribing evidences there to and on the motion of one of the Executors to wt Jno. Bearaw Esq who qualified as Executor to ____ Therein memtioned prayed to have an order for Letters Testementary there upon granted and ordered that __ Secretary have notice thereof that Letters may ishu accordingly
Test Evan Jones Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
December Session 1754
John Barrow Esqr. exhibeted a petition praying an order that Joshua Worley be appointed guardian to Mary Downing, Elizabeth Downing, and Henry Downing orphans of William Downing late of this county deceased, which is granted and ordered that bonds in the sum of one thousand pounds Proclamation money then Joshua Worley enters Edmund Smithwick esqr. and Jacob Blount Senr. securitys in the sum afsd.
June Session 1758
On motion of John Pearson in behalf of the orphans of William Downing deceased agt. Josa. Worley their guardain that the ad. Worley render to this court an acct. of all proceed & dissborstments vc. It is ordered that a summons issue for the sd. Joshua Worley to exhibit his accounts of the sd. estate to next court.
September Session 1758
On motion of John Nicole attorney for Joshua Worley he exhibeted an accot. of the guardianship of the estate of Wm. Downing deceased for the children of the sd. Downing and left the said accotts. & vouchers in court, and desired that the children Mary, Elizabeth, and Henry Downing & their estates be removed out of his hands. Accordingly Mary & Elizabeth came into court and choosed for their guardian John Barrow Esqr. of Beaufort County. Ordered that notice be given to sd. Barrow to appear at the next court to be held for this county and to take into his possession the said children Mary and Elizabeth and their estates.
Agreeable to an order of last court Joshua Worley appeared & exhibited his account conserning the estate of William Downing deceased, it is the oppinion of this court that Joshua Worly is not the proper person to setell with this court conserning the aforesd. estate for which reason the court delivered his accounts againe in order to setell wh. the executor.
September Court 1765
Ordered that Stevens Lee be guardain of the person & estate of Henry Downing orphan of William Downing deceased by his own fee will and consent. Securities William Mackey, Giles Long, Benj. Blount & Jos. Spruill in the sum ten thousand pounds procla.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.18), Box 18
Downing, William, 1754
Bond dated 4 Dec 1754 in the amount of one thousand pounds appointing Joshua Worley guardian to Mary Downing, Elizabeth Downing & Henry Downing orphans of William Downing deceased, John Hardison & Jacob Blount securities. Orphans gave their free consent.
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