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The Virginia Genealogist Volume 18, 1975 [John Frederick Dorman]
WILLS OF RAWLEIGH PORTEUS DOWNMAN
AND HIS WIFE ANNE (DOWNMAN) DOWNMAN MUIR
DINWIDDIE COUNTY, VIRGINIA
Contributed by Mrs. Mary W. Steffens
Orlando, Florida
WILL OF ANNE DOWNMAN MUIR
In the name of God Amen, I Ann Muir of the State of Virginia, County of Dinwiddie, now at Rockey-Hill, do
make and constitute this my last Will and testament.
Item, I give and bequeath unto my brother William Downman of Prince William County, state of Virginia, and near the River Potomac, both those tracts or parcels of land which I inherited by the death of my Mother, Mrs. Anne Downman, who at the time of her death resided where my Brother above mentioned now does. One of the said tracts at present joins Mrs. John Tayloe, Mr. William Durall and my Brother with whom the whole of said tract was divided, that land being my mother's paternal inheritance and the other tract to which I am entitled to one-half, is a small piece. She purchased in her life time of the Rev. D. Spence Grayson. Her death taking place without leaving any will in the year 1798, and her title papers, will at once establish my right.
These separate pieces of land I give and bequeath unto my said Brother, to dispose of as he pleases, during
his natural life, but should he die, possessed of the said lands and without lawful issue, it is my will and
desire that they be equally divided between my deceased mother's four neices, namely Anne Hancock, Penelope Hancock, Margaret Hancock, and Catherine Smith Hancock.
And should he have parted with that property, which I mean not to prohibit then I desire, provided he leaves
no lawful issue of his own that the sums arising from the sales of said lands be equally divided between the
above mentioned nieces of my late mother.
I also give and bequeath unto said Brother the following negro slaves, Viz., Chriss and her son George (and his wife little Rose) her son William commonly called little Bill and her daughter Hannah, them and their increase to will and dispose of as he may think proper during his life time and forever. Also Sally Bowlles (as she is called) and her child and future increase, to him and his heirs and assigns fccrever. I give also unto my brother all my household furniture except such pieces as I shall hereafter particularly mention. I also give unto my brother William Downman my wagon and four horses, any that he may choose excepting some I shall hereafter mention with my chariot.
Item. I give and bequeath unto my husband Francis Muir of Dennwiddie County, one Desk and Bookcase,
the same which I had of him in exchange for a Phaeton, as his account against me will show, wherein I
am charged and credited with those and other articles.
I also give my a bay colt three years old.
Item, I give unto his oldest Daughter Maria her father's miniature picture along with a muslin dress of mine trimmed with painted satin and fine lace.
I give unto Harriot Muir, the locket in hair work with which her father presented me, also a fine springgl'd muslin dress with satin sleeves. I give unto Mary Anne Muir, a lace striped muslin dress and one fine chintz.
I give unto Caroline Muir one muslin net trimmed with open gimp and one cinnamon ground chintz. I also divide equally among them, my kid shoes, silk and other gloves, and all my Bonnets and other head dresses that are anywise proper for them to wear at present.
I also give unto my husband Francis Muir (and ought to have mentioned it sooner) those three lots and houses in Cholchester, which was purchased of Mr. Laird of George Town. I would assign him more, but that he has a large estate of his own.
Item I give and bequeath unto my greatly esteemed friend Mrs. Anne Washington of Mount Vernon, as an earnest of my affection for her my waiting girl Louisa, commonly called Vicey (she is the daughter of Criss, that I was given to my brother) to will and dispose of as she may think proper.
Item, I give and bequeath unto my highly respected friend and since infancy, adopted Brother, Mr. John McCrae of Prince Wm. County Orangefield near Dumfries, my chariot and four horses, three blacks and a horse called [ ], having lately lost one of the Blacks. I also bequeath unto him my driver Will, and Lucy, Will's wife, and also their youngest daughter Rachel, to dispose of as may please himself. I also bequeath unto the said John McCrae his heirs and assigns all my plate to wit, one silver teapot, one sugar dish, two cream pots, one dozen tea spoons, one pair of silver sugar tongs, one dozen table spoons, one soup laddie and one plated cross.
Item, I give and bequeath unto Mrs. Martha Graham, cousin of Mr. Robert Graham near Dumfries, Prince William County, a negro girl called Maria, she is third daughter of my servant Criss, heretofore mentioned, to her and her heirs and assigns forever.
Item I give and bequeath unto Miss Kitty Morris of Hanover County, daughter of my worthy friend, Mr. William Morris, and his consort, Elizabeth (I believe her name is) one piece of Olive colored "lutesting" containing 15 yards as a remembrance of me.
Item I give and bequeath unto her niece and my God Daughter Elizabeth Louisa Fontaine of said County,
my Gold watch with both chains, one steel with a hook, the other Gold without an hook, unto Mrs. Susannah
Dabney, another daughter of Mr. William Morris, I leave as a remembrance a gold locket representing Stern's
Maria, this family as well as many others have been kind to me, and here let me thank them, and say, that were they not rich, and I could make my justice coincide with my gratitude, I would bequeath much more there.
I give and bequeath unto Mrs. Catharine Muschett of Dumfries the miniature picture of her uncle John Ballendine, dec'd., which picture was presented to my mother by his son Mr. Thomas Ballendine after the death of his father, his aunt and sister. I bequeath as a remembrance unto Miss Janet Henderson of Dumfries a ring I now wear with a ruby and sparks each side.
I give unto Jane Blackburn a suit of blue lutestring, and to my God daughter, Miss Anne Maria Thomasina Blackburn six yards of fine open work'd muslane, and one pair of black and gold necklace now in the house (as are all the articles of dress which I have bequeathed to others or shall mention).
To my God daughter Caroline Grayson of Prince William County I bequeath four dresses, two of muslane and two of chintz.
Item, I desire my executors hereafter named to pay unto the hands of Mrs. Sinah Morton of Fairfax County, Colchester, the sum of twenty five pounds current money of Virginia, to purchase with it whatever may
please herself.
Item, I give and bequeath unto Frances and Charlotte Downman (as they are called) the reputed daughters of my late husband Rawleigh P. Downman, dec'd., the residue of my clothes such as linen, stockings, gowns and other articles that had not been particularly disposed of.
I also give unto said Frances a negro girl called Fanny, she is the daughter of my servant Esther, and I also give unto the above mentioned Charlotte a negro girl called Charlotte, she is the eldest daughter of my servant Sally Smith, as she is called, to them and their heirs and assigns forever. I would give those
girls, Frances and Charlotte more in consideration of my late husband's generosity to me, had he not left
them a legacy by his will giving them at my death five hundred pounds current money of Virginia, to each of
them, which legacy I desire to be early and punctually paid to them into the hands of Mr. John McCrae of
Petersburg for their use until they come of age or get married, and I recommend them to his guardianship.
Item, it is my will and desire that all those slaves which Elizabeth Sydnor was possessed of at the time of
her marriage with Robert P. Downman, elder brother of my late husband, Rawleigh P. Downman, dec'd., or any negro slaves that might have felled to her afterwards either from her own parents or any other person in consanguinity with her, so that we may she say brought them into the Downman family, It is my will, I say, they he investigated, and by proper proof, distinguished and selected from those with which Robert P. Downman was possessed at the time of his intermarriage with said Elizabeth Sydnor, and that all those slaves coming by her be equally divided between those children, she afterward had by Benjamin Smith, to whom she was married after the death of her first husband Robert Portius Downman by whom she had in the first instance two daughters, Frances and Elizabeth. Robert P. Downman made a will leaving his estate to be divided between his daughters Frances and Elizabeth, in case of the death of one of them, the other to inherit all. But in case both of them should die before they married or come of age, he then leaves the whole of his estate and [ ] to his brother Rawleigh P. Downman, who was my late husband, and as both his nieces were dead, he was in possession of those negroes and left them to me. But this was the further situation of those slaves together with those that Robert P. Downman was possessed of at the time of his marriage with Miss Elizabeth Sydnor; his oldest daughter called Frances lived to be over eighteen and under twenty one, and dying made a will in contradiction of her late father's will [ ] both parcels of slaves together with those which came by her father Robert P. Downman unto her mother's children by Mr. Benjamin Smith, my late husband claimed under his brother's will and got possession, Smith's heirs claimed, under their half sister's will, and have sued accordingly, which suit is now in the city of Richmond and high Court of Appeals. Now this is the true intent and meaning of my will and desire upon this case, that Smith's heirs shall possess all the negroes that their mother brought into the Downman family, and that they drop all claim and pretension for those negroes, household furniture, stock and every description of property, with which Robert P. Downman was possessed of at the time of his marriage or what else might have decreed to him therefrom. If Mr. Smith's heirs will come into this, as I think equitable composition, Then and not until then do I devise unto them with further obligation all the negroes that came by their mother as Miss Sydnor.
But should they refuse to do so, and persist in the law suit, and their claim under Frances Downman's will, then and in that case I give and bequeath all the right and title with which I am vested by my late husband's will unto his nephew, George Ball, the son of Mildred and Thos. Ball (living now I believe in Gloucester County), I give both those parcels of negroes to said George Ball, that tract of land lying in Richmond County, Virginia, the same tract which Robert P. Downman left his brother Rawleigh P. Downman, my late husband, who by will gave it to me, without reserve, to George Ball, I give said land being between seven and nine hundred acres more or less, as the title papers and surveys will show, along with the aforesaid negroes, provided he recovers the negroes, furniture, etc., at law or by consent of parties, as I have proposed and provided further that he bear an equal proportion with Doctor Robert P. Downman, whose legacy I shall hereafter mention, then and in that case after the final settlement and payment of the two legacies to Frances and Charlotte, mentioned in Mr. Downman's will and the debts due both in his lifetime and contracted
since, be speedily and justly paid, and all the legacies I have mentioned or may yet devised be satisfied, then do I give the balance that may remain of that estate which Robert P. Downman left unto his brother, Rawleigh P. Downman, my late husband, should George Ball establish his claim to all those slaves now contested at law or should he settle the dispute by a division, then I desire and will that he in the first case give his mother my late husband's sister, her choice of four to dispose of as she may please during her life and forever. But should he settle it by division, then I will and desire that he give unto his mother, Mildred Ball, her choice of two to dispose of in like manner. And I also desire that in case he recovers the whole of them, that he give unto his sisters Anne and Milly, each one negro girl to them to dispose of as they please, during life and forever.
Item I give and bequeath unto George McCarty (the second son of Mr. Dennis McCarty, dec'd.) of Richmond
County, State of Virginia, one negro boy called Peter, he is the youngest son of Will and Lucy afore mentioned.
Item, I give and bequeath unto Doctor Robert Porteus Downman, the son of William, dec'd., and nephew of my late husband, dec'd., that tract of land containing between eight and nine hundred acres, more or less, lying in Dinwiddie County between the waters Tomheton and Butterwood, which I at present cultivate [ ) called
Rockey Hill, to him and his heirs and assigns forever.
I give it in case the property hereafter set a part for sale, and for the purpose of paying off all those just
debts, together with legacies afore mentioned, be found sufficient, but in case that the property I shall here
particularly set a part for sale to that purpose be found insufficient to satisfy those claims, then do I
will and desire that the said Rockey Hill be sold, and far as is necessary, applied to the purpose of concluding the payment of debts and legacies.
Item, I give and bequeath (here as I have not done it sooner) unto Mrs. Flizabeth Towles, sister of my late
husband Rawleigh P. Downman a negro woman called Sally Smith and her younger child, Clarissa (Sally is the daughter of old Rose) and her future increase to will and dispose of as the said Mrs. Towles may think proper entirely independent of her husband Stokely Towles, and should he attempt to molest or hinder his wife from an independent subjection, control, and dispose of said Sally Smith and her child Clarissa, and her and their future increase, either during the lifetime of Mrs. Towles or at her death, then it is my will that said Sally and her child and future issue, pass into the hands of George Ball afore mentioned, who shall act as trustee for Mrs. Towles, paying her yearly the full hire of said Sally, and that Mrs. Towles death, she shall have the right of giving them to whatever child or children of h er own that she pleases, I must hear mention that this manner of giving to Mrs. Towles was the particular request of her Brother Rawleigh P. Downman, and the only particular one that he made in any manner or form respecting his own relatives.
The following slaves I leave to be sold-
] Negroes to be sold Richmond slaves, now in Dinwiddie, a part of those
Old Peter afore mentioned contested
Davy at law by Smith's heirs
Cyrus under the will of Frances
Big George son of Rose Downman, dec'd.
Sam Old Juda
Ned Chrisa her Daughter
Paul Betty Juda's Daughter
Agatha
Little James Milly
Daniel Eve
Manson Lucy
Maria )
women also to be sold- Cyrus )
Old Frank Winny )
Fanny )
Old Rose Judd )
Esther Delia )
Joana Also all the horses and
Mary colts, that are not bequeathed
and all the cattle, hogs,
kitchen furniture and farming
utensils of every description.
Also cart and Tumbler. Also
I desire that all bonds
The above negroes (except those children that have been born since) were sent from Richmond nearly 7 years ago leaving behind several others, the exact number nor their names I am not at present particularly in the knowledge ] hiring them out in that county, namely Cols Wm. McCarty Dec'd., Mr. Dennis McCarty, Decid., and Mr. James D. Sydnor, who undertook the business of collecting hires and rents. And also to continue to hire out until further arrangements should he made.
I have endeavored to explain myself in this my last will and testament which I hope no [ ] there from the whole of it with all the interlines and erasures was done by my own hand at Rockey Hill and concluded this sixth day of December in the year of our Lord, one thousand eight hundred and four. In witness whereof I have hereto set my hand and seal.
Anne Muir
At a court held for Dinwiddie County on Monday the 18th day of March 1805.
The last will and testament of Anne Muir, deceased, was produced into court, and there being no witnesses
to the said will, Henry Cousins, William Bailey, and John Frazer, Junior, being sworn, severally deposed,
that they are well acquainted with the testatrix's hand writing [ ] on the sued decedent's
estate with that will aforesaid annexed.
Teste J. Nicholas C.D.C.
A Copy Teste J. Nicholas C.D.C.
Copies Teste W. W. Hening C.C.
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
1755 - 1805 (49 years)