DNA Haplogroup: Unknown
Henry Downs is a "new" four times great grandfather. Of course, he has been one of my direct ancestors since I was born but I only learned of his existence late last year thanks to a comment on a blog post that directed me to a Fauquier County, Virginia, Chancery case.
Henry was enumerated in the 1810 and 1820 census as living in Fauquier County, which had been formed from Prince William County in 1759.
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| Census information about the household of Henry Downs; created using Microsoft Excel |
Henry Downs wrote his will on 8 December 1821:
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| The last will and testament of Henry Downs, Fauquier Count Will Book 13, page 448, image 250; courtesy of Ancestry.com |
In the name of God amen. I Henry Downs of the County of Fauquier and the State of Virginia, being at this time in good health of body and of sound disposing mind and memory, calling to mind the uncertainty of this life, do make this my last will and testament in the manner following, viz.
First, I will and desire that all my just debts and funeral charges be paid as soon as practicable after my decease.
Secondly, I will and bequeath to my loving wife Mary Downs all my estate both real and personal of every sort during her natural life or widowhood and at her death or marriage that all my personal estate be sold and equally divided among my three daughters, namely Elizabeth Garret, Sarah Jewel, and Mary Jones, share and share alike to them and their heirs and assigns forever.
Thirdly, I have already executed a deed to my son Henry Downs for part of my land therein mentioned which I consider his full share of my estate. Said deed is dated on the twenty-ninth day of July one thousand eight hundred and twenty.
Fourthly, I give and bequeath to my son William Downs one half of the residue of my land on the southernmost side of my tract to be laid off by a line parallel with William Battson's line on which it binds, to him and his heirs and assigns forever.
Fifthly, I give and bequeath to my son Thomas Downs the balance of my land it being the third share, being between the shares of my other two sons Henry and William aforesaid, his lawful heirs and assigns forever.
And lastly, I do hereby constitute appoint and empower my beloved son Henry Downs aforesaid and my trusty friend John Sinclair my executors to this my last will and testament, publishing and declaring this to be my last will and testament in the presence of to which I have set my hand and seal this 8th day of December one thousand eight hundred and twenty-one,
Henry Downs (signed and sealed)
Alex H. Bennett
Casper Johnson (his mark)
William D. Sinclair
At a court held for Fauquier County on the 26th day of January 1825, this last will and testament of Henry Downs deceased was proved by the oath of Alex H. Bennett a subscribing witness thereto -- And at a court held for said county on the 23rd day of February 1835 a writing purporting to be the last will and testament of said Henry Downs deceased was again produced to the Court, and it appearing to the satisfaction that this same has been heretofore proved by the oath of Alex H. Bennett on of the subscribing witnesses thereto, and that Casper Johnson another subscribing witness, is dead, and that William Sinclair the remaining subscribing witness has no known place of residence, and therefore Henry Downs was introduced and sworn as a witness who deposed and said that he was present and saw the said Casper Johnson attest the said writing -- and on the motion of Luther O. Sullivan the same is ordered to be recorded as the last will and testament of the said Henry Downs deceased. Henry Downs one of the executors named in the said last will and testament personally appeared in open Court and refused to take upon himself the burthen of execution thereof -- And at a court held for said County of Fauquier on the 23rd Day of March 1835, John Sinclair another one of the executors named in the said last will and testament, by his writing under his hand and seal, refused to take upon himself the burthen of the execution thereof. -- Administration with the will annexed of the estate of Henry Downs deceased is granted to Luther O. Sullivan who thereupon qualified and gave bond and security according to law, the security having satisfied.
Teste,
A. J. Marshall, clerk
An appraisement of the estate of Henry Downs was supposed to have occurred on 29 April 1825 and been filed with the court on 26 September, but it is not located at book and page numbers cited in the will index. I have yet to go through the will book for 1825 image by image. Luther O. Sullivan filed an account of sales and a second appraisement in 1835 and on 28 August 1837 made his last recorded administrator's account:
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| Administrator's account for the estate of Henry Downs, Fauquier County Will Book 15, page 313; courtesy of Ancestry.com |
In the account Mr. Sullivan stated all the personal property of Henry Downs, which was to be sold after this wife's death with the proceeds being distributed equally among his daughters, was sold by 3 April 1835. After expenses, there was $1,236.23 remaining to be divided. Next, he began paying the heirs and his administrator's account provided more new information.
Mary (Downs) Jones was dead by 1836; therefore, Luther O. Sullivan paid $136.51 on 15 February 1836 to the assignee of of her son, Notley W. Jones, a man named Amos Johnson. Mr. Sullivan noted in the account that Notley was entitled to one-third of the proceeds from the sale of his grandfather's personal property. This turned out not to be the case. (He should have received a third of a third.) On 13 May 1836 Mr. Sullivan paid Catherine (Garrett) Russell, daughter of Elizabeth (Downs) Garrett $414.43. This indicated that her mother died sometime before 1836. No mention was made of Henry's daughter, Sarah (Downs) Jewell in the administrator's account. And that, I think, is when the trouble started.
On 16 April 1840 the heirs of Henry Downs' daughters filed a bill of complaint in the Fauquier County Chancery Court against Luther O. Sullivan, claiming they had not been paid. All of the his daughters were deceased by the time their mother died and the sale of their father's personal property had been completed. And those heirs were numerous:
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| Heirs of the daughters of Henry Downs; note Elizabeth (Garrett) Russell correct given name is Catherine; created using Microsoft PowerPoint |
Eventually, after a year of haggling in court with Mr. Sullivan, the heirs of Henry Downs' daughters were all paid.
This is my entry for Amy Johnson Crow's 52 Ancestors in 52 Weeks. The theme for this week was "Lucky." I feel lucky that I began blogging about my family history as comments on posts have resulted in countless new cousins, new information, corrections, and so much more.
Using the Ancestral Reference Numbering System, Henry Downs is Ancestor number 70 on my family tree:
70.0 Henry Downs born before 1765; died before 26 January 1825; will written and probated in Fauquier County, Virginia; married Mary (maiden name unknown). Shed died before 1836.
70.1 Henry Downs, Jr. born about 1775 per 1850 and 1860 census; died after 1860; married Mary (maiden name unknown); father deeded him one-third of his real property on 29 July 1820
70.2 William Downs born before 1800; died after 1830
70.3 Thomas Downs born before 1800; died after 1830
70.4 Elizabeth Downs born on an unknown date; died between 1825 and 1836; married a man named Mr. Garrett.
35.0 Sarah Downs born on an unknown date; died between 1825 and 1833; married Thomas Jewell
70.5 Mary Jones born on an unknown date; died between 1825 and 1836; married a man named Mr. Jones.
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Sources:
1810 US Census (database and images), FamilySearch, Henry Downs, Fauquier County, Virginia, 1810; citing p. 250 NARA microfilm publication M252 (Washington, DC: National Archives and Records Administration), roll 68; FHL microfilm 181428 (accessed 29 Dec 2017).
1820 US Census (database and images), FamilySearch, Henry Downes Sr, Fauquier, Virginia, 1820; citing p. 105, NARA microfilm publication M33 (Washington, DC: National Archives and Records Administration) roll 136; FHL microfilm 193,695 (accessed on 29 Dec 2017).
1830 US Census (database and images), FamilySearch, Henry Downs, Fauquier, Virginia, 1830; citing 451, NARA microfilm publication M19 (Washington, DC: National Archives and Records Administration) roll 194; FHL microfilm 29,673 (accessed (30 Dec 2017).
1830 US Census (database and images), FamilySearch, Thomas Downs, Fauquier, Virginia, 1830; citing page 451, NARA microfilm publication M19 (Washington, DC: National Archives and Records Administration) roll 194, FHL microfilm 029673 (accessed 30 Dec 2017).
1830 US Census (database and images), FamilySearch, William Downs, Fauquier, Virginia, 1830; citing page 450, NARA microfilm publication M19 (Washington, DC: National Archives and Records Administration) roll roll 194, FHL microfilm 029673 (accessed 30 Dec 2017).
1850 US Census (database and images), FamilySearch, Henry Downs, Fauquier county, part of Fauquier, Virginia, 1850; citing family 236, NARA microfilm publication M423 (Washington, DC: National Archives and Records Administration (accessed 30 Dec 2017).
1860 US Census (database and images), Ancestry.com, Henry Downes, North East Revenue District, Fauquier County, 1860; citing family 422 NARA microfilm publication M653 (Washington, DC: National Archives and Records Administration citing page 59, FHL microfilm 805344 (accessed 30 Dec 2017).
Discovering Henry Downs, a "New" 4X Great Grandfather, Tangled Roots and Trees (accessed 6 Mar 2018).
Powhatan Perrow Jennings (1812-1858): A Life Cut Short, Tangled Roots and Trees (accessed 6 Mar 2018).
Thomas Jewell (bet 1776 and 1784-c1833): Mystery Man, Tangled Roots and Trees (accessed 8 Mar 2018).
Virginia Chancery Court Records, 1786-1969, Library of Virginia, Fauquier Chancery Court 1841-009, 72 pages (accessed 28 Dec 2017).
Virginia Select Marriages, 1785-1940 (database), Ancestry.com, Henry Downs father of Charles M. Downes marrying Emily F. Windsor (accessed 1 Jan 2018).
Virginia Select Marriages, 1785-1940 (database), Ancestry.com, Catherine Russell and Thaddeus Russell as parents of Sarah E. Russell, bride, Fauquier County, 1855 (accessed 1 Jan 2018).
Virginia Select Marriages, 1785-1940 (database), Ancestry.com, Catherine Russell and Thaddeus Russell as parents of William H. Russell, groom, Clark County, 1874 (accessed 1 Jan 2018)
Virginia Wills and Probate Records, 1652-1938 (database and images), Ancestry.com, Henry Downs Will, Appraisements, Account of Sales, and Administrator's Account, Fauquier Index to Wills 1759-1924, image 60 (accessed 30 Dec 2017).
Virginia Wills and Probate Records, 1652-1983 (database and images), Ancestry.com, Henry Downs Will, 1821; Fauquier Will book 13, page 448 (accessed 31 Dec 2017).
Virginia Wills and Probate Records, 1652-1983 (database and images), Ancestry.com, Henry Downs Appraisement, 1825; Fauquier Will book 9, page 312, (accessed 30 Dec 2017).
Virginia Wills and Probate Records, 1652-1983 (database and images, Ancestry.com, Henry Downs Account of Sales, 1835; Fauquier Will book 14, page 41 (accessed 30 Dec 2017).
Virginia Wills and Probate Records, 1652-1983 (database and images, Ancestry.com, Henry Downs Second Appraisement, 1835; Fauquier Will book 14, page 42 (accessed 30 Dec 2017).
Virginia Wills and Probate Records, 1652-1983 (database and images, Ancestry.com, Henry Downs Administrator's Account, 1837; Fauquier Will book 15, page 313 (accessed 30 Dec 2017).
Thomas Jewell (bet 1776 and 1784-c1833): Mystery Man
Powhatan Perrow Jennings (1812-1858): A Life Cut Short
Discovering Henry Downs, a "New" 4X Great Grandfather
Congratulations on identifying Henry Downs! It's always exciting when we can place another name on the family tree.
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