Source: Sumner Co. TN Archives, Loose Records, Will #128
I William Downs, Senr, being old & weak of body, but of sound mind & disposing memory, and
calling to mind the uncertainty of human life, and being desirous to dispose of all such wordly
substance as it hath pleased God to bless me with; I do dispose of & do give & bequeath the same
in the manner following, that is to Say -- I will that my Negro man slave, named Ballard, aged
about theirty-eight years, or thereabouts, be emancipated & set at liberty; (after the decease of my
self and my beloved wife Mary,) agreeable to the laws of the State in such cases made &
provided: And the reason why I desire his emancipation, is in consequence of his faithful,
unremited, & meritorious services rendered unto me, & to my family; and because of his orderly
& good behaviour in the neighbourhood & particularly in my family. In case I should decease
before my wife Mary, I wish the said negro man Ballard, to be subject to her commands &
direction alone, and not to those of any other person, until her decease, and immediately after her
decease, to be emancipated, and set at liberty, as herein above directed.
And the whole of my other property, of whatever description, after paying my just debts, &
discharging my burial expenses, & the burial expenses of my wife Mary, I give & bequeath unto
my four following named children, that is to say -- To my son Major Downs one fourth, to my son
William Downs one fourth, to my daughter Chairty Tilly one fourth, to my daughter Elizabeth
Tomblin one fourth; that is, the property shall be equalised among them, & each to have share &
share alike. In case I should decease before my wife Mary, I desire that the said property should
remain in the hands of my said wife, for her comfort & convenience, so long as she may live, but
not to be subject to her disposal, and immediately after her decease. to be divided among the said
four children, as herein above directed.
I also nominate and appoint my friends William H. Anderson & Melane Anderson as my
Executors to carry into effect the whole of the provisions of this my last will & testament. In
testimony whereof I have hereunto set my hand & seal this third day of March in the year of our
Lord one thousand eighteen hundred & twenty one.
William Downs
Signed, sealed, published and declared by the above named William Downs to be his last Will &
testament, in the presence of us who have hereunto subscribed our names as witnesses in the
presence of the Testator.
William H. Anderson
Melane Anderson
Stephen Forrester
State of Tennessee
Sumner County Court, May Term 1821
The last will & Testament of William Downs decd was produced in Court for probate, and the
same was proven by the oaths of Wm. H. Anderson, Melane Anderson & Stephen Forrester
subscribing witnesses thereto and on motion ordered to be recorded -- Whereupon Wm. H.
Anderson & Melane Anderson exectuors named in said will qualified as such by taking the oath of
an Executor prescribed by law, and together with Thomas Anderson their surety entered into &
acknowledged their bond to the governor in the finality of two thousand dollars --n-itioned [looks
like "conditioned"] as the law directs
State of Tennesee Sumner County -- [looks like "Sc"]
I David Shelby Clerk of the County Court for said county do certify that the foregoing is a true
copy of the last will & Testament of William Downs decd, as the same is enrolled with the records
of said Court, together with a true copy of said records of the probate of said will and
qualification of the Exectuors thereof given under my hand at the office this 10th day of July A.D.
1821 & 46th year of American Independence.
David Shelby Clk
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