downingp.htm

DOWNING, PATRICK
will 4:9
dated 25 October 1705
proved 27 March 1707

Bermuda als
Somer Islands
In the name of God, Amen, I Patrick Downing of Devonshire Tribe in the Islands aforesaid Esq'r weak in body but of mind and memory praised bee to Almighty God for the same do make and ordaine this my last will and testament in forme following. That is to say first and principally I commend my soul into the hands of Almighty God my creator assuredly believing that I shall receive full pardon of all my sinns and inheritt eternall life by the precious death of my blessed saviour and redeemer Jesus Christ. My body I committ to the earth to be decently buried att the discretion of my daughter. And as touching the disposall of such temporall estate as itt hath pleased Almighty God to bestow upon mee I give and dispose thereof as followeth (viz.r).

Imprimis. I give and bequeath unto my loving daughter Mary Jennings for and dureing the terme of her naturall life, my house and two shares of land lying in Devon tribe aforesaid and on which I have lived. And after the death of my said daughter, I give devise and bequeath my said house and two shares of land unto my grandson Downing Jennings and to the heirs of his body lawfully to bee begotten forever. And for default of lawfull issue in the said Downing Jennings then to the next younger son if any that shall bee lawfully born of her the said Mary Jennings and the heires of his body lawfully to bee begotten forever. And in default of younger male line by my said daughter, then to my granddaughter Anne Jennings and her heires lawfully to bee borne for ever. And for default of issue in the said Anne, then I give and bequeath the same to my grandson Richard Jennings and his heires lawfully to bee begotten of his body forever. And my mind and meaning is whatsoever of my grandchildren shall by virtue of this my last will and testament inheritt the said house and land hee, shee or they ____ to bee married and decease as married by this my will the same shall go to and for the wife of the next heire in this ___ after his, her or their decease and shall not bee detained or kept from them any longer. Further my will and meaning is that my said grandson Downing Jennings or any other who by virtue of this my last will shall inherit my said land shall and do within two yeares more next after they shall possess or enjoy my said land pay or cause to bee paid to my said granddaughter Anne Jennings the sum of one hundred pounds currant mony of these Islands. And if hee or they shall refuse or not pay the said hundred pounds as above and that according to the above intent and meaning hereof then my will is that my granddaughter Anne Jennings shall have and enjoy one half share of my said land and hold the same to her and her heires lawfully to bee borne of her body forever. Which then I give the said Anne timber enough of off my whole two shares of land to build a house. But not otherwise further my will is that if my granddaughter Anne Jennings and her heires shall inheritt my house and land aforesaid by virtue of this my last will that shee the said Anne or her heries shall and do within the space of two yeares next after shee or they shall possesse or enjoy the same pay or cause to bee paid the said sum of one hundred pounds currant mony of these Islands as aforesaid to my grandson Richard Jennings and if the said Anne or her heires refuse to pay the said sume of one hundred pounds as aforesaid according to the true intent and ____ ___of then my will is that my grandson Richard Jennings have and enjoy or hold the said the half share of land to him and his heires lawfully to bee begotten of his body forever.

Item. I give and devise and bequeath unto my grandson Richard Jennings my two Indian boys called Will and Kitt and one Negro boy called Frank to bee delivered to them when hee shall arrive to the age of twenty one yeares.

Item. I give and bequeath unto my granddaughter Anne Jennings solong as shee shall continue unmarried the north east chamber in my house and also the whole privileges of the said house with free intercourse out of and into the said house and also her ___ and ___ therein. And I also give unto my said granddaughter Anne the furniture of the same same chamber att the day of her marriage for ever. and further I give and bequeath unto my said granddaughter when shee shall attaine unto the age of twenty one yeares or being married which shall first happen my Negro called Joe and my Indian called Didor. And att my loving daughter Mary Jennings her decease I give unto her the said Anne my negro man called Lana and one silve bowle marked "PDD", one silver cup marked "AB" and half a dozen of silver spoons marked "PDD". And in case any of my grandchildren should dy before they enjoy what I have given them by this will (that is to say) of my personall estate then itt is my will that itt shall go and bee to and for the use of the survivors of them.

Item. It is my wil __ ___ any if my loveing daughter Mary Jennings should bee necessitated, shee may sell any of my said Negroes that I have not expressly named in this my will to supply her wants and necessities.

Item. all the rest, residue and remainder of my personall estate whatsoever and wheresoever lying and being I give especially all my Negroes and their breed or issues to my loveing daughter Mary Jennings for and dureing her naturall life and att her decease to bee equally divided amongst my grandchildren .

Item. If itt should happen that all my grandchildren should dye without issue before my daughter Mary Jennings then I give devise and bequeath my whole estate both real and personall forever to her my said daughter Mary to her and disposall as shee shall think fitt.

Item. It is my will and order that my estate shall not bee inventoried or paaraised but that my loveing son and daughter Richard & Mary Jennings do and shall give security to the Ordinary. If in case any debts should arrise to answer them according to every such case if required thereto.

Lastly. I do ordaine and make my two grandsons Richard Jennings and Downing Jennings executors to this my last will and testament and their father and mother Riuchard & Mary Jennings to bee the overseers og the same. And I hereby frustrate revoke and make void all wills and testaments by mee formerly made and declare and appoint this to bee my last will and testament. In witness whereof I the said Patrick Downing to this my last will and contained on this sheet of parchment sett my hand to both sides and seale to this side this twenty fifth day of October Anno__ Dri? 1705. And in the fourth yeare of the reigne of our ___ and Lady Anne of England and Scotland, France and Ireland ___ defender of the faith.

Signed, sealed, published and declared by the within named Patrick Downing to bee his last will and testament in the presence of the...
Thw word lawfull is underlined on the other side before the sealing hereof.
John Watlington
Robt Hill
Wm Milborne

Indorsed: by his excellency the Gov:r and Ordinary
These are to certifye that this seven and twentieth day of March in the year of 1707 personally appeared before mee the Governor aforesaid John Watlington, Robert Hill and William Milborne who have subscribed their names as witnesses to this will within written and solemnly made oath on the Holy Evangelists that they respectively saw the within named Patrick Downing the testator signe seale and __ his last will and testament publish declare and direct the same writing within written. And that att the time of doing thereof hee the testator was of sound and perfect mind and memory. In testimony whereof I the Governor aforesaid have thereinto sett my hand the day and yeare first above written.

The will of Mr Patrick Downing before entered and written __ recorded the four and twentieth day of October 1737 from the originall.
Cha Minors D Sec.ry