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James McDowell will

From http://www.rootsweb.ancestry.com/~nbpennfi/penn3McDowell_J_LWT.htm provided and transribed by Gregory E. McDowell

It is this document (particularly the reference to Mary and Walter Warks) that has helped solidify much of the McDowell family history, including my families connection to James McDowell and his descendants.

Notes provided by Greg:
1 - Letter most probably was recorded my James McDowell's lawyer George Crickett and then signed by James McDowell.
2. James McDowell signed his name with two L's in McDowell.
3. Lawyer wrote the letter with only one L in the McDowell name.
4. Lawyers of that time period often wrote making an "f" or "p" or "ss" look very similar.

Transcription:
In the name of God. Amen.
I James McDowel of the parish of Pennfield in the county of Charlotte and Province of New Brunswick, farmer, being weak in body but sound in mind, do publish and declare this my last will and testament in manner following - First - I give, bequeath and devise to my son-in-law, John Kernaghnan, and his wife Elizabeth and the surviver of them during their natural life; and after their decease to their daughter Margaret Kernaghnan, and her heirs forever twenty-five acres of land, to be taken off the western side of my Grant, in said parish, where they now reside; commencing on its eastern side at a pop [on up] the road and following a cut near my barn and running down north until it reaches the head of the swamp, about ten rods from the road, and from that being twenty perches wide and running so far back as to make the said twenty-five acres.

Secondly - I give and devise my half of a pew in the church, in said parish, to my daughter-in-law, Jane McDowel, and her heirs forever.

Thirdly - I will authorize and desire my Executor herein after named and appointed within twelve months after my decease, to sell all the remaining property which I may own at the time of my death, both real and personal and out of the proceeds thereof to purchase and erect at my grave, a decent head stone with a suitable inscription - Of the remainder I give and bequeath to my sons James McDowell, John McDowell, William McDowell, and Duncan McDowell five shillings each, to my daughter Margaret Chambers five shillings - to her son Stephen Chambers five pounds, to my grand children, Thomas McDowel, Ann McDowel, Elizabeth McDowel and Mary Jane McDowel, thirty shillings each; and the residue, if any there be, to be divided equally between my daughter Mary Warks, wife of Walter Warks, who now resides in Scotland, and my two sisters Margaret Geddis, near Newtownards, and Mary Cleland near Downpatricks, Ireland. I wish the five pounds which I have willed to Stephen Chambers to be put out in interests until he arrives at the age of twenty one years and, then, to be paid to him with whatever interests may accrue on the same -

Lastly I nominate and appoint George Crickett *Executor* of this my last will and testament, hereby invoking all other will or wills heretofore made by me -

In [witness whereof], I have hereunto set my hand and seal, this twenty third day of November, in the year of our Lord one thousand eight hundred and forty eight.

James McDowell

Signed, sealed, published be declared by the above named James McDowel, as his last will and testament in presence of us, who have hereunto subscribed our names, as [witnesses] thereto in the presence of the said Testators and in presence of each other. The word "Executor" being first interlined in this second page

Sam Thomson
Alex McKay
Eliza Tatton

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