WESTERN NORTH CAROLINA MCDOWELLS

INTRODUCTION

Family of Charles McDowell

1754 Will of Charles McDowell

Plat shown
Surveyed for Phillip Hoodenpyl John McDowell six hundred and forty acres of land lying on both sides of Richland Creek joining the lower end of John Carsons survey, Beginning at a White Oak and pointers 40 poles from Carsons corner on his West line, then with Carsons line West 229 poles crossing two forks and the main creek to a stake Carsons corner, then South 80 poles to a stake on Carsons line, then West 200 poles to a stake, then North 290 poles to a stake, then East 429 poles crossing the creek to a stake, then South to the Beginning.

Jo McDowell DS

R^d Hightown CC
Jo McDowell

Plat shown
October the 6^th 1787
Surveyed for John McDowell fifty acres of land lying on both sides of Rims Creek including a remarkable good Mill seat about one half mile below the road Beginning at a White Oak North side of the Creek then South crossing the small Branch twice crossing the creek about one hundred yards below the Mill tract twenty poles to a pine, then East one hundred and fifteen poles to a stake, then North twenty poles to a stake, then West to the Beginning.

Jo McDowell DS

CC
J. McDowell
Wm Whitson

Plat shown
April the 11^th
Surveyed for John McDowll Sen^r and Jo McDowell 640 acres of land lying on both sides of Richland Creek including the mouths of two little creeks one empties on the East the other on the West side. Beginning at a White Oak and pointers upon a rocky point one pole West of a small branch, then South 36 chains to the West little creek crossing the same course 7 chains to a large rock the same course crossing a branch 70 chains to a stake, then East 56½ chains crossing RL Creek to a stake, then North crossing East little creek and the main creek 113 chains to a stake, then West to the Beginning.

Jo McDowell DS

Richd Hightown
Jo McDowell CC

Nathan Dever vs John McDowell Sen^r Caveat
State of No. Carolina
The Honorable James Glasgow esquire, Secretary to the worshipful the Justices of Burke County Greeting:
Whereas his Excellency the Governor on Complaint of Nathan Dever on oath hath suspended the Execution of a Grant to John McDowell Senr for a Tract of land in Burke County and directed me to certify the resuspension of the said Grant to you the said Justices to the end the controversy be determined according to Law.
I do therefore hereby certify Resuspension of the said Grant to you the said Justices accordingly.
Given under my Hand at Fayette the 27^th Nov^r 1780

J. Glasgow

The Deposition of George Cathey Sen^r respecting the Court Trial for the Big Cane Break at the forks of Cain River between John McDowell Plaintiff and Willm Sharpe and John M:Knit Alexanders, Defendants. Being Sworn in due form of Law by virtue of a Dedimus Protestatum to me directed from the worshipful Court of Burke upon oath that the Day Charles McDowell was elected Entry Taker for the County of Burke in January 1778 himself & Charles McDowell and some others in a conference about the land office then to be opened Charles McDowell said he expected to be elected Entry Taker and said I suspect there will be a scuffle about entering lands and further said to said Cathey stand near me when if you want to enter land or stand at my back, and as soon as I am elected legally sworn and has given security, give in your Entries for then they will be legal. Said Deponant saythe he stood near him that agreeable to direction, he stood near when Charles McDowell was sworn to be Entry Taker and given in security and then said Deponant give him several locations and one of them he handed was for Jno McDowell for the Big Cane Break at the Forks of Caine River, also the money for the Entry fees; said Charles McDowell received them without dispute and carried them away; he then (at) that [Evening] he asked said George Cathey to go with him to Tarry all night who went accordingly also William Sharp Esquire next morning Charles McDowell said to this diponant I have given my word to a gentleman not to receive entries till this day at noon and requested him to take the entries he had and copy them more in form. Said deponant took the entries and applied to Willam Sharp to copy them agreeable to Charles McDowells direction. Said Sharp did it freely Said McDowell William Sharp and this deponant went to the Court House together about noon that day Willm Sharp and Charles McDowell & I walked side and side into a little house together. Said Sharp then acted as clerk to said McDowell and having an opportunity preferable to any other person he given in a large number of locations in his own name and John McKnit Alexanders and one of them was for the Big Cane Break or interfered with the location given the day before for John McDowell. Said George Cathey being afsd whether he thought there was any argument between Charles McDowell, William Sharp and Jno McKnit Alexander. Answered that John McKnit Alexander told him that himself said Alexander Charles McDowell and William Sharpe was in [Connasion] to Entry a large quantity of Land. Said George Cathey being also whether there appeared any more legality in taking entries then than the day before when he give his. The answered he thought there was not. Said depon^t questioned was William Sharpe favored in chance to give in his locations. Answer, no man had the chance to given their locations as soon as Sharp as he had a chance given preferable to any other. Questⁿ Did John McDowell tell you or give you any instructions to take back his Entry. Answer No. John McDowell thought his land entered and was gone home when I had them copy^d. Questⁿ Did William Sharp make any mention or say he claimed that Big Cane Break when he copy^d the locations. Answer. He did not.
Questⁿ Do you know whether Wm Sharp give you the old locations with the new copy^d ones. An. I do not remember.
Question, Do you remember William Sharp saying Bright located or directed him to that land before he entered it. Ans. I believe I did. Sworn in due form of Law before me this 19^th day of September 1784.

Jas. Davidson

Will of Hunting John McDowell

To the Worshipfull Court of Burke County now setting. Whereas Col^l Joseph McDowell Dec^d by his last Will and Testament Left to his wife Mary his Lawful share of all his Lands And she is compleance to said Will, Petition your Worships to have said Land so far as is contained in said County laid off according to the Laws in such case proceeding.
And Your Petitioners as in duty bound shall ever pray.

Mary Carson

State of North Carolina
To the Sheriff of Burke County, Greeting.
You are hereby commanded to Summon a Jury of good and Lawful men of your county as required by Law twelve in Number connected to the parties in no wise neither by consanguinity, nor affinity, to lay off and ascertain the right of dower of Mary McDowell the Relict and widow of Joseph McDowell deceased now Mary Carson as to all the lands lying within the County of Burke and have you this writ and how you shall have executed the same returned on the fourth Monday of April next. Witness James Erwin clerk of said Court at office the 4^th Monday of January Anno Dom. 1802.

J. Erwin Clk

North Carolina
To the Sheriff of Burke County Greeting
You are hereby commanded to summon a Jury of good and Lawful men of your County as required by law twelve in Number connected with the parties neither by affinity nor consanguinity to lay off and ascertain the right of dower of Mary McDowell relict and widow of Joseph McDowell Dec^d now Mary Carson as to all the lands in the County of Burke and have you this writ and how you shall have executed the same returned before the County Clerk of Burke to be held on the fourth Monday of July next at Morganton. Witness James Erwin Clerk of said Court at office the fourth Monday of April 1802 & 26^th year of our Independence.

J. Erwin Clk

North Carolina
To the Sheriff of Burke County Greeting
You are hereby commanded to summon a Jury of good and Lawful men of your county as required by Law twelve in number connected with the parties neither by affinity nor consanguinity to lay off and ascertain the right of dower of Mary McDowell relict and widow of Joseph McDowell deceased now Mary Carson as to all the lands in the County of Burke. And have you this writ and how you shall executed the same returned before the County Court of Burke to be held at Morganton on the fourth Monday of January next.
Witness James Erwin Clerk of said Court in office the fourth Monday of July October 1802 and 27^th of our Independence.

J. Erwin Clk

Will of Mary Mansfield McDowell

Family of Joseph McDowell - Quaker Meadows

1770 Will of Joseph McDowell

Col. Charles McDowell Sr as I have sold my Land to Mr. John Bowman I would obliged to you if you will fill up a warent for s^d Land in Mr. Bowmans name and it will oblige Both him and me So^d your complyance will oblige your humble Sar^l Sep^r & 20^th 1779

Josiah Black

To Col. Charles McDowell thesse?
Josias Black Order to Col. McDowell

Alex^r Erwin Affidavid, Lands &C 1200 acres
The state of No. Carolina, October Term 1798
Alexander Erwin Esqr. made oath in due form of law in open court that he the said Erwin paid the purchase money to Charles McDowell Entry Officer of claims for two six hundred acre tracts of land entered in his office Burke County But now lying in Buncombe County for which monies paid; I can have no land & that the warranties is lost on both tracts, & so mislaid thus this deponent cannot get them
Sworn & subscribed the date above &C

Alex^r Erwin

State of North Carolina, Burke County } Court of Pleas & Quarter Sessions Sept. Term 1823
To the worshipful, the court of Pleas & Quarter Sessions for the county aforesaid humbly complaining your petitioner William Dickson & his wife Margaret, William Paxton & his wife Sally, Charles, Athen A. & James R. McDowell heirs at law of Charles McDowel decd shew unto your worships that their ancestors Charles McDowel Decd & John McDowel Decd were seized & possessed of two tracts of land containing 300 acres each lying in the County of Burke on buck creek Beginning on a White Oak on the east side of a hill & in the West side of the branch about 4 poles & runs South 80 poles crossing said creek whole distance 154 poles to a stake, then West 310 poles to a stake, then North 54 poles crossing said creek to a stake, then East 310 poles to the beginning. The other tract also lying on Buck Creek begins at a White Oak the beginning corner of the upper tract & runs South 80 poles to said creek said course whole distance 154 poles to a stake, then East 310 poles to a stake, then North 154 poles crossing sd creek to a stake, then West to the beginning. That Charles McDowell decd about the year A.D. 1817 leaving your petitioners his heirs at law & that John McDowell decd about the year 1797 having [devised] his part of said tracks of land to John McDowell, William Whitson, John [Whitson] who has since died intestate leaving Saml, George James Whitson his heirs at law to Thomas Whitson, Joseph Whitson, Ann Whitson, Polly Whitson wife of one, Harden Rebecca Carson wife of Thomas Whitson, Sally Carson wife of William Smith & Joseph McDowell who has since died intestate leaving John McDowell & Jas. McDowell & Ann McDowell wife of Charles McDowell one of your petitioners his heirs at law. That all the aforesaid Whitsons except Joseph, Thomas McEntire & Wm Smith & their wives live without the limits of this State. Your petitioners charge that the lands remain undivided & cannot be divided without the different claimants but by them __ of this worshipful court, they therefore pray your worships to appoint five commissioners to divide the said tracts of land into two equal parts & appropriate one half thereof to your petitoner heirs at law of Cha^s McDowell decd according to the provision of the act of assembly & that process issue to those of the defendants that live within the limits of this State to appear at the next court of Pleas & Quarter sessions to be held for the County of Burke on the fourth Monday of January next, then & there to answer the primises & that publication be made in some papers of this State for those who are not inhabitants of this State also to appear & answer.

Alfred M. Gaither Atto for petitiners

__ McDowell & Rebecca McEntire acknowledge service of this Petition this 27^th Sept 182_
Also acknowledge the service of James McDowell __ Petition John McDowell Rebecca McEntire December 1828 Knowledge by self & wife __ D. Smith Sany Smith
Heirs of Chas McDowell vs Devisees of John McDowell
Petition for Division of land To January Term 1824
Copy Subpeona to issue to Rebeckah McEntire, William Smith & wife Sarah, Joseph Whitson
Albert Burgess, William Gillispie, David Gillispie, Jno Logan, Jno Burgess & Jno Bergin Surveyor

1832 Will of Athan Allen McDowell

State of North Carolina, Burke County } To October Sessions 1802. The Petition of Elizabeth McKinny, Peggy McKinny (alias), Margaret McKinny, Abner Hanly and Betsy his wife against John McDowell serviving Executor of James McKinny dec^d, Margaret McDowell Ex^x, William W. Erwin & Henry Hiland Ex^rs of Gen^l Joseph McDowell dec^d former Executor of James McKinney dec^d together with John McDowell now surviving as aforesaid most humbly sheweth that James McKinney dec^d husband of Elizabeth McKinny Father to Peggy alias Margaret & Betsy your Petitioners sometime about the sixth day of March 1780 did make his last Will & Testament in writing and among other things did give & bequeath all the surplus of his Estate after the payment of the Legacies therein mentioned to be equally divided among four persons therein named and Betsy wife of Abner your Petitioner then unborn reference to said Will shall fully appear, your Petitioner Elizabeth is entitled to one fifth part of the surplus of the Estate of James Dec^d. Your Petitioner Peggy alias Margaret is entitled to one fifth part one fith part [Sic: repeated] of the surplus of the Estate of James her father. Your Petitioner Betsy & Abner her husband are entitled to one fifth part of the surplus of the Estate of the said James Dec^d after ther legacies therein mentioned are deducted: the s^d James in his last Will & Testament did nominate & appoint Joseph & John McDowell as his Executors of the same: Your Petitioner further state that James the Testator departed this life sometime about the month of March 1787 & the said John & Joseph McDowell took upon themselves the administration of this Estate according to his last Will & Testament and the Laws of the State & made sales of his Estate property rec^d notes bonds and certificates besides the amount of the sales & money then on hand and your Petitioner state that the amount of sales notes Bonds certificates and other property of which your Petitioners are entitled to a distributive share that came to the hand and possession of the said Joseph & John McDowell Ex^rs as aforesaid of the said James doth amount to a large sum amount (to wit) to one thousand pounds or thereabouts in specie, one fifth part of which sum your petitioners are entitled to with interest thereon since the time the said Executors of right & according to Law should have laid over the same over the same to your Petitioners and according to the last Will & Testament of the said James decd. Your Petitioners further state that Gen^l Joseph McDowell has departed this life and by his last Will and Testament hath appointed Margaret McDowell Executrix, Wm W. Erwin & Henry Hiland his Executors who have taken upon them the Executorship of the Estate of the said Joseph McDowell dec^d and have also entered upon the administration of the Estate of James McKinny in right of their Testator, former Executor with John McDowell, of the James McKinny dec^d. Your Petitioner Abner states that sometime about the 27^th 1787 he did intermarry with Betsy your Petitioner Daughter of James McKinny Dec^d and in right of his wife is justly entitled to one fifth part of the Estate of the said James dec^d after the legacies are Deducted as are therein stated. Your Petitioner now prayeth that John McDowell surviving Ex^r of the said James, Margaret McDowell Ex^x, Wm W. Erwin & Henry Hiland Ex^r of Gen^l Joseph McDowell Dec^d may be compelled and obliged by a Decree of this Court to pay unto your Petitioners their proportion or distributive share of the value of the sales notes Bonds & certificates or the monies which the said John or Joseph did actually receive or the property to money.
And your Petitioner do further pray that the said John McDowell surviving Ex^r of James, Margaret McDowell Ex^x, William W. Erwin and Henry Hiland Executor of Joseph McDowell Dec^d former Ex^r of James may be a Decree of this Court be bound to answer and explain on their corporal oath all and singular the facts above stated in a full and ample manner as if the same were here again repeated and interrogated and on hearing thereof that the Court will decree that which is right and just to them may seem to be right & just and according to the rules as laid down by the Act of Assembly in such case made and provided and which they shall very pray.

Elizabeth McKinny
Peggy (alias) Marg^t McKinny
Betsy Handly & Abner Handly

by their att^o Ben Smith

Secure is it not proper that W. Smith should have a power of att^o & the pltfs give Bond & Suety for the costs in case they are cast in costs.

The Estate of Clarissa & Joseph McDowell Infant Heirs of Joseph McDowell dec^d by Hervy H. McDowell Guardian

D^r

1814 To Sundry of merchantdize furnished Clarissa McDowell for clothing from thru 14 July 1814 till the 1^st of May 1815 inclusive – $27.99½

To cash paid Eliza Spencer for schooling Clarrisa McDowell three months – 12.00

To cash paid C. Payne for tuition of Joseph McDowell part of the year 1814 as p^r voucher No. 1 – 7.75

To cash P^d John McKinney as p^r do No. 2 – 0.75

To cash P^d Same as p^r do No. 3 – 1.12

To 35 day going to North Carolina on business of the Estate of Joseph McDowell dec^d at one dollar P^r day two sevenths of which is chargeable to Clarissa & Joseph McDowell – 10.00

To fifteen dollars expended in said trip the above proportions chargeable to C. & J. McDowell – 4.29

To cash P^d John P. Porter as P^r voucher No. 4 – 107.89¾

Total Amount E.E. – 171.80¾

Contra C^r

1814 July 10

By cash Rec^d of John W. Estill execution of Col^o George Moffett dec^d – $166.67

By interest on one hundred and two dollars Seventy Six Cents for ten months at six P^r P^r annum – 5.13¾

Total Am^t to C^r – 171.80¾

In obedience to an order of the Woodford County Court made at their May Court 1815, we the undersigning commissioners have examined the account and vouchers of Hervy H. McDowell Guardian for Clarissa & Joseph McDowell infant heirs of Joseph McDowell dec^d and find the debts of credits of said guardian fairly ballanced upto this date. Given under our hands this 10^th day of May 1815.

A. McKnight, C. Ware, Saml Brooking } Commissioners.

Woodford County Sct. The above Commissioners made oath to the foregoing report according to law. Given under my hand this 7^th day of August 1815.

Tho Stevenson JPWC

Woodford County Sct August County Court 1815. The foregoing report of Commissioners to settle the accounts of Hervy H. McDowell guardian to the infant Heirs of Joseph McDowell dec^d returned and ordered to record.

John McKinney Clk

1817 Joseph McDowell in infancy To John P. Porter his guardian

D^r

[List]

Total E.E. – $125.80

Clarissa McDowell in infancy to John P. Porter her guardian

D^r

1817 To Bill rendered and acknowledged by said Clarissa McDowell to be just – $159.18¾

[List]

Total E.E. $166.18¾

We the comm^rs having exemined the receipts & vouchers of John P. Porter guardian for Clarissa and Joseph McDowell do find them to correspond with the above statements. Given under our hands this 7^th day of July 1817.

A. McKnight, James Coleman, C. Ware

Woodford County Sct. The above subscribing commissioners made oath (before me) to the foregoing report according to Law. Given under my hand a Justice of the Peace for s^d County this 7^th day of July 1817.

Willis Field J.P.

June the 28^th 1816. The amount I have rec^d as gaurdian for Clarissa and Joseph McDowell infant heirs of Joseph McDowell deceased as to cash rec^d from H.H. McDowell former guardian 2.25 do one Bond of $105 on Margaret McDowell decd the 10^th day of May 1815. Also their equal part of a division of three negros Martin, Affa and Dick which is $169.67 to each share.

John P. Porter acting guardian for Clarissa & Joseph McDowell

Woodford County Sct July County Court 1817. The foregoing reports of commissioners appointed to settle the accounts of John P. Porter as guardian to Clarissa and Joseph McDowell returned and ordered to record.

Attest John McKinney Jur WC

George T. Chrisman in right of his wife to John P. Porter, late Guardian to the said wife of George T. Chrisman

D^r

To extra advance made to Clarissa McDowell now Clarissa Chrisman by H.H. McDowell her former Guardian p^r commissioners report – $32.24½

[List of items]

Contra C^r

[List of items]

By cash received of Margaret McDowell – $52.50

By cash received of H.H. McDowell – $1.12½

Ballance due J.P. Porter Guardian – $113.95¼

Given under our hands as commissioners this 1^st day of Feby 1819.

A. McKnight, Hezekiah Douglas, John W. Brooking

Woodford County Sct. The within subscribing commissioners made oath to the foregoing settlement according to law. Given under my hand as Justice of the Peace in and for said county this 1^st day of Feby 1819.

Porter Clay J.P.

Woodford County Sct February County Court 1819. The foregoing report of commissioners to settle the accounts of John P. Porter as guardian to Clarissa Chrisman late McDowell returned and ordered to record.

Att John McKinney Jr WC

1819 Joseph McDowell in Infancy To John P. Porter his guardian

D^r

No. 1 To cash paid H.H. McDowell per receipt – $188.06¼

No. 2 To cash paid Jo^s McDowell his ward per Do – $87.62½

No. 3 To cash paid same per do – $210.50

[List of items]

No. 15 To cash allowed guardian for improvements done on the Plantation of his ward – $33.87¼

To allowance made to guardian for managing the __ of his ward up to this date – $620.03¾

Contra C^r

By cash received from sale of the personal estate of Margaret McDowell deceased including the slaves – $296.87½

By Rents of forty nine acres, three roods, and twenty four poles of land for the years 1817, 1818 & 1819 three years – $375.00

$671.87½

$620.03¾:

Due to Ward $51.83¾

We the undersigned commissioners in conformity to an order of the Woodford County Court have examined the accounts and vouchers of John P. Porter guardian to Joseph Jefferson McDowell and find the Balance to stand on before stands. Given under our hands this 3^rd day of April 1820.

A. McKnight
J. Stull
R.D. Shipp } Com^rs

Woodford County Sct. The above subscribing commissioners made oath to the foregoing report of settlement according to law. Given under my hand as Justice of the Peace for said county this 3^rd day of April 1820.

Thos. Stevenson J.P.

Woodford County Sct April County Court 1820. The foregoing report of the commissioners appointed to settle the accounts of John P. Porter as guardian to Joseph McDowell was produced in Court and ordered to record.

Att John McKinney Jr. CWC

1816 Will of Margaret McDowell

Family of James McDowell

In the name of God amen! June the third day of 1746, I being weak in body yet in perfect mind and memory blessed be God for it, do bequeath my soul to God who gave it and my body to the earth to be buried in a decent way and manner at the discretion of my Executors, - and for what worldly goods as it hath pleased the Lord to bless me with, I do dispose of in manner and form following, I do make constitute and ordain Mary my well beloved wife sole Executor of this my last will during the time of her widowhood, and then Andrew Morrison and John McDowell.
Imprimis I bequeath to Mary my beloved wife the third of all my goods and chattels, Item I bequeath to my well beloved son John my estate, only one third part on the side of run next to John Thompsons to my beloved wife to dispose of to one of my daughters at her pleasure, the estate and all debts to be paid from the whole head of these effects now on the place, and the rest of all my goods and effects to be divided among the rest of my children, viz, Margret, Hellon, Mary, Jean, Elizabeth, Abigail, Sara at the discretion of my Executors. I revoke and disannull all former wills and testaments by me formerly made, and I do constitute and appoint this only to be my last will and testament. Given under my hand this third day of June 1746.

James [X his mark] McDowell

In the presence of us James Ireland
William Morrison

Lancaster County to wit September 1, 1747, then personally appeared James Ireland and William Morrison, two of the witness to the within will, and on their oaths respectively declared that they were present and saw and heard James McDowell the testator within named sign publish and declare the within writing to be his last will and testament, and that at the doing thereof, he was of sound and disposing mind and memory to the best of their understanding. Before me.

1792 Will of John McDowell

1843 Will of John McDowell

1828 Will of Hugh McDowell

Family of Robert McDowell

Whereas it appears of record that Robt McDowel of the __
of Mecklenburg & province of North Carolina in his __
& Testament bearing date the tenth day of October in the __
Lord 1770 did constitute & appoint Joseph Rodgers __
Huston & Andrew Shields his Executors & in s^d Wi__
then to sell his land of the same being at publick __
sold for £57.10.7 to David McDowel & s^d David __
agreed with his brother James to save Caft [Sic: haft?] that Lan__
pay for the land of the deed should be made to __
This Indenture made the tenth day of Jan^y __
between Joseph Rodgers & Archibald Huston & __
of Robert McDowel deceased of the county of __
& State of North Carolina of one part & sai__
of the county & state aforesaid of the other pa__
that for & in consideration of the sum of fif__
pounds ten & seven pence proclamation __
the s^d in hand paid by the s^d __
at & before the sealing & delivery of these __
receipt & payment whereof is hereby __
have granted bargained sold aliened __
confirmed & by these presents do grant __
alien convey & confirm unto the s^d Ja__
his heirs & assigns forever all that m__
or parcel of land situate lying & being __
of Mecklenburg aforesaid on the East sid__
-low a branch at the Rocky river to __
Whites land beginning at a White Oak by __
& runs thence No 140 poles to a B.O., thence __
a W.O., thence So 150 poles to a hickory on __
thence with the same to the Beginning __
granted to the s^d Robt McDowel by a Patte__

Page 2

__ ile 1760 of record &C reference thereunto being
__n more or less & all … do hereby promise covet
__ce to & with the s^d James McDowel that these
__ Joseph Rodgers & Archibald Hufton their heirs
__ & adm^rs shall … affixed their seals the day
__above written

Joseph Rodgers Seal
Archibald Huston Seal

__d & delivered
__ce of
__lexander
__nder

North Carolina, Mecklenburg County
__ deed was acknowledged in open
__the grantors in person in order
__ gistered.

Sam Masters CME

1770 Will of Robert McDowell

1808 Will of David McDow(ell)

Godfrey Cosager vs Benjamin Davis
Case to October Session AD 1791
Issued 3 September 1791
Rec^d 3 day of Sept. ___ Benjamin Davis put in business by me. Tho^s McEntire DShff
A McGenty Atto
Alexander McGinty and James McDowell the Plantiff security for the prosecution of the within suit.

Alex McGinty
James McDowell

Tho^s McIntire

Letters of administration to James McDowell on John Morrisons Estate
State of N^o Carolina Haywood County. At a Court of pleas and Quarter Sessions begun and held for the County aforesaid on the fourth Monday of June 1809. Whereas it hath been represented to our Court now sitting that John Morrison died without making any will in writing and whereas James McDowell hath made application to be admitted to administer on the Estate of the said intestate, this is therefore to authorise the said James McDowell to administer on all and singular the goods and chattles rights and credits of the Intestate that shall come to hands knowledge or possession agreeable to Law. Given unde my hand at office the 27^th day of June 1809

R^t Love CHC

James McDowells Administration Bond
John Morrison's Estate
State of N^o Carolina, Haywood County } Court of Pleas & Quarter Sessions June Term 1809. Know all men by these presents that we James McDowell, Daniel McDowell & William Stephens are held & firmly bound unto Thomas Love Chairman of said Court & his successors in the sum of one hundred pounds good money of s^d State. The condition of this obligation is such that if James McDowell Administrator of the personal Estate of John Morrison Deceased do make a true & perfect inventory of all the goods & chattles rights & credits of said Deceased which shall come to his knowledge & such Inventory duly to return to Court & the personal Estate of the said deceased the same well & truly to administer according to Law & a true account to make of his Administration according to Law, And if any last Will & Testament legally executed shall hereafter appear the same to exhibit to this Court being thereto required, then the above obligation to be void, otherwise to remain in full force & effect. Witness our hands & seals date above.

James McDowell
Dan^l McDowell
William Stephens

State of N. Carolina
Haywood County
Know all men by these presents that we David Mcfarland, John McDowell & Wm McDowell junr are jointly & severally held and firmly bound unto Thomas Love Esqr Chairman of the Court of pleas & grants sessions in the County aforesaid this ___ in the Sum of __ hundred & fifty pound --- good and Lawful money of said State. To the which payment we do bind ourselves and each of us our heirs jointly & severally firmly by these presents, sealed with seals & dated the 25 day of December 1809.

The Condition of this obligation is such that whereas the above bounded David Mcfarland --- hath made application & is appointed administrators of the estate of James McDowell Junr -deceased; Now if the above bounded David Mcfarland --- do well and truly make and return a true & perfect inventory of all the Goods & Chattels, rights & credits of said Intestate Estate which shall come to his knowledge & such other things will well & truly do which may be Lawful and necessary to make in his administration according to law, and if any Last Will & Testament legally executed shall hereafter appear the same to exhibit to this Court being thereto required then the above obligation to be void, otherwise to remain in full force & virtue.

David Mcfarland
John McDowell
William McDowell

Inventory returned by David McFarland adm^r of the Estate of James McDowell acct
An Inventory of the Estate of James McDowell deceased.
[List of articles]
the above furniture and articles of household was sold at public vendue for five dollars.
[List of articles with sales price]
$116.37
The above is an Inventory and amount of sale of the Estate of James McDowell deceased returned the 27 March 1810 by David McFarland Administrator.

19^th June 1811
A second return of the Estate of James McDowell Dec^d
Viz to Cash on John Stuart – $2.00
to Cash on Wm Wiggins – 1.50
the above sum I am accountable for to the said Estate. David McFarland Adm.

The estate of James McDowell debter to David McFarland
[List of McFarland's charges to estate]
$16.00
the Administrator agrees to Ballance the account, this is by reducing this amt to $15.28.
done in open Court. R Love CHC

McFarland vs McDowel } In Equity
It is admitted that the Complaint has set forth and charged such facts in his Bill as entitled him to the interference & aid of a Court of Equity against Defendnt's Jud^t at law, that those facts & allegations been admitted, or not denied by the answer of the defendant. It is also true that Def^t in his answer has not directly & positively denied the truth of Pltff's allegation. On this ground it is contended that Compl^t notwithstanding Deft's answer, is still entitled to such aid and protection. Altho' the Deft has not positively denied the truth of the facts set forth in Compl^ts bill, yet he has set forth in his answer such facts & circumstances & has so supported the same by written Documents referred to in his answer & insisted on to be considered as part thereof, & accompanying the same, as go very far in disproving the allegations of the Complt and he positively answers that he disbelieves the truth of said allegation, grounding by Deft in his answer believe to be of that character, therefore we are of opinion that the Decree of the Superior Court should be affirmed & we decree accordingly.
McFarland v McDowell Jan^y 1813
Opinion

State of No Carolina
Know all men by these presents that we Thomas McClure and Thomas Welch all of the County of Haywood in the State aforesaid are held and firmly bound unto Thomas Love, Philip ___ & John Fergus Justices of the Court of pleas and grants, sessions for the County of Haywood in the sum of fifty two pounds current money; To be paid to the said Justices or the survivor or survivors of them their Ext or Admd in Trust for the benefit of the child hereafter named, committed to the tuition of the said, Thomas McClure. To which payment, will & truly to be made we bind ourselves and each of and each and every of our heirs, Executors & Adnd jointly and severally by these presents, sealed with our seals & dated the 19th day of June 1811.

The Condition of the above obligation is such that whereas the above bounden Thomas McClure is constituted and appointed guardian to James McDowell, a minor orphan, Now if the Said Thomas McDowell [sic: McClure] shall faithfully execute said guardianship by securing & improving all the estate of the said James McDowell - that shall come into his possession for the benefit of the said James McDowell until he shall arrive at full age or be sooner thereto required and there tender a plain and true account of his guardianship on oath before the Justices of our said Court, and deliver up, or pay to or the said James McDowell of all such Estate or Estates as he ought to be of or to such persons as shall be lawfully empowered or authorized to receive the same and the profits arising therefrom, then this obligation to be void, otherwise to be and remain in full force & virtue

Thomas McClure

Tift Thomas Welch
T. Love

State of No. Carolina, Haywood County } Know all men by these presents that we John Carson, James McKee and Ninian Edmondson are jointly & severally held & firmly bound unto William Dever Esq^r Chairman of the Court of pleas & quarter sessions in the county aforesaid in the sum of five hundred dollars, to the payment of which well & truly to be made and done, we do bind ourselves & each of us our heirs &C, jointly & severally firmly by these presents, sealed with our seals and dated this 24^th of June AD 1822.
The condition of the above obligation is such that whereas the above bounded John Carson hath made application and is appointed adm^r of the Estate of James McDowell Sen^r deceased. Now if the above bounden John Carson doth well and truly make & return a true and perfect Inventory of all the goods & chattels, rights and credits of the said deceased which shall come to his knowledge and such other things will well & truly do which may be Lawfull & necessary to make in his administration according to Law, then this obligation to be void or otherwise to remain in full force & virtue.

Jno Carson Seal
Jas McKee Seal
N. Edmonston Seal

April 30^th 1802. One day after Date I promise to pay David Tate the sum of fifty pounds for value received of him as witness my hand and seal.

Jas L. Harison

Test William McDowell

North Carolina, Burke County February 1^st 1788 } The Jurors agreed that from Rutherford Line to William Prebels to Joseph Whites to William McDowells to the Courthouse agreeable to order of Court. In witness hereof we have hereunto set our Names.

Joesph White
John McDowell
Nils Probit
John Noble
Rabon Patton
James Templeton
John Peirson
Jacob [Cnsford?]
William McDowell
James T. Campbill
Joseph Morgin

The Court appoint for overseers of the Road as Layd off by the above Jury, William Probet from the County Line that divides Rutherford and Burke to Joseph Whites Creeke from said Whites Creeke to the Creek James Templeton lives on. We appoint John McDowell from said Templetons Creek to the Court house. We appoint Joseph Morgin from John Purdins up Muddy Creek on both sides and all the inhabitants living on said forke of Muddy Creek above sd Purdins and all the inhabitants of Silver Creek above Saml Lockes are to work under William Probet overseer of said Road that are liable to work on publick roads, all the inhabitants on Whites Creek and on Silver Creek as low as James Templetons are to work under John McDowell as overseer as that are liable to work on publick roads, and all the inhabitants liable to work on Roads that lives on the waters of Silver Creek on the south side and Ponting Creek from George Kilions old place up are to work on said Road under Joseph Morgin overseer of said Road. Signed by Chars McDowell.

Phawp Langford of St. Clair County AL to David Byers of Haywood County for $100, 130 acres in Haywood County on East side of Pigeon River. Beginning on a stooping Hickory in William McDowell's line and runs thence East 167 poles to a small Hickory, thence South 177 poles to a White Oak, thence West 167 poles to a stake on the bank of Pigeon River, thence down the same to William McDowells, thence with his line to the beginning.
HaywoodWBB:114 13 August 1821

The following road record likely involves the land on Pidgeon River of this William McDowell or by 1834, one of his sons.

The order of for the alteration of the Pidgeon road from the ford of Pidgeon to McDowells land was laid off & reported to court & record upon condition that Ephraim Osburn cut out one half of the new road.
HaywoodP&QS:3 Monday 29 December 1834

State of N. Carolina
Haywood County
Know all men by these presents that we Daniel McDowell, John McDowell, Lewis Smith, Gideon Alman are jointly and severally held and firmly bound unto Thomas Love Esqr Chairman of the said court of pleas & grants sessions in the county aforesaid in the sum of five hundred pounds lawful money of the said State; To which payment well and truely to be made & done we bind ourselves and each of us our and every of our heirs, jointly and severally firmly by these presents, sealed with our seals & dated the 21 day of September AD 1812.

The Condition of this obligation is such that whereas the above bounden Daniel McDowell and John McDowell hath made application & appointed administrators of the estate of William McDowell deceased. Now if the above Bounden (Daniel McDowell and John McDowell) doth well and truly make & return a true & perfect inventory of all the goods & chattels, rights and credits of the said deceased estate which shall come to their knowledge and such other things will well & truly do which may be lawful and necessary to make in their administration according to Law, then the above obligation to be void or otherwise to remain in full force & virtue

Danl McDowell
John McDowell
Lewis Smith
Gideon Allman

Whereas Jane McDowell one of the subscribing witnesses to the within Deed deposeth and saith that she saw Daniel McDowell sign the within deed. Sworn to and subscribed this 5th day of January 1829.

Jane (X her mark) McDowell

Danl McDowell J.P.
Recorded June 17^th 1829.

Jno. T. Carter C.S.C.

State of Missouri, County of Lafayette } Be it remembered that on this twenty fifth day of February Eighteen hundred and forty before me Daniel McDowell Sheriff of the County of Lafayette aforesaid came William T. North and Eldridge Burden and acknowledged themselves to owe and stand indebted to Baltimore Thomas in the sum of one thousand dollars to be levied of their goods and chattels lands and tenements to the use of the said Baltimore Thomas to be rendered.
The condition of this recognizance is such whereas the said Baltimore Thomas has commenced an action of Trespass in the Lafayette circuit court against the said William T. North returnable to the next April term of said court, now if the Judgment be given against the said William T. North in the said suit and he shall pay the amount of the recovery or surrender himself in execution or that the said Eldridge Burden his securities will do it for him then this recognizance to be void else to remain in full force.

William T. North
E. Burden

Signed and acknowledged before me as such Sheriff this day and year aforesaid.

Danl McDowell Sheriff

This is to certify that I Executed the within subpoena on Jacob McRunolds and Jerelda E. Thomas as by reading the same to each of them in Lafayette County Mo on 21^st day April 1841. Sheriff Fee $1.00.
Sam^l M. Banks Dept Sheff for Daniel McDowell Sheff in Lafayette County Missouri.

M^r McDowel will serve a copy of the enclosed allegation & motion of attornies on Vallis P. Donell & Edmon Williams. Williams has a copy now & it will only be necessary for you to get him to acknowledge that he has a true copy in his possession. I want it done sometime in 20 days, or the case requires that it should be done 20 days after last Ray Court.

R.C. [Ewing]

This is certify that I delievered a true copy of the withn to Mill Duvall on the 4^th day of May 1842 and that E.W. Williams acknowledged that he had a true copy of the same thing in his possession. Sheriff fee $1.00
Danl McDowell Sheriff Lafayette County
848 4 May 1852 copy
Druss & Cohen vs (Interogatory & allegations) Mynes
Filed 22^nd June 1842 W.C. Williams Clk
Daniel McDowel present

Name of Estate: Daniel McDowell Decd, continued on page 4 of Genl Index No. 2

Administratrix: Mary Ann McDowell

Bonds: 12,000; Absolum Marshall, Stephen Baxter, Thomas Simcock, June 3 1850, Book 3, Page 266

Legal Notices: Papers in box 65, Qualified June 3 1850, Book 9, Page 197

Orders, etc: Book 9, Page 197

Allowances: Book 9, Page 196 to Wm Limrick 1015.33

Name of Estate: Danl McDowell decd, Brought from page 128 Genl Indx No. 1

Administratrix: Mary A. McDowell

Legal Notices, etc: Papers in box 176
Qualified July 8 1851
Settlement July 8 1851
Receipts of heirs July 5 1853 Book B, Page 163

Orders, Decrees, etc: Book A, Pages 86, 171, 244, 124, 184, 399, 414
Book B, Pages 103, 227

Settlements: July 9, 1851 Book A, Page 184
July 10 1852 Book A, Page 414
July 18 1853 Book B, Page 227

Allowances: Book A, Page 10, 86, 120, 266, 399

Name of Estate: Heirs of Daniel McDowell
Edwin McDowell
Martha C. McDowell
Joseph H. McDowell
Mary McDowell
James M. McDowell

Curator: Mary A. McDowell

Bonds: $3,800 with Lawson McDowell and Elizabeth J. McDowell security, 12 February 1855, Book C, Page 107, Book A, Page 258

Qualified Feby 12, 1855, Book C 107
Part Slaves, Aug 15 1860, Book F, Page 464
Debt Sale, Oct 1, 1860, Book G, Page 3

Orders: Book C, Page 107
Book D, Pages 332 and 334
Book G, Page 3

Settlement: Oct 7 1857, Book D, Page 332

William Limrich

vs

Est Daniel McDowell
Now at this day comes the said plaintiff as also Mary Ann McDowell Administratrix of said Estate and the right of notice waived and all and singular the premises being seen the Court allows to said plaintiff against Mary Ann McDowell as Administratrix as aforesaid the Sum of Ten Hundred and fifteen Dollars and thirty three Cents. $1015.33

Know all men by these presents that the Mary Ann McDowell as principal and Absalem Marshall, Stephen Baxter, and Thomas Simcock as Security of the County of Lafayette in the State of MO are held and firmly bound to the State of Missouri in the Sum of Twelve thousand Dollars for the payment of which well and truly to be made, we bind ourselves, our heirs Executors and Administrators jointly and Severally by these presents, Sealed with our Seals and dated this 3^rd day of June AD 1850.
The Condition of the above Bond is that if Mary Ann McDowell Administratrix of the Estate of Daniel McDowell deceased Shall faithfully administer said Estate account for pay and deliver all money and property of said Estate and perform all other things touching said administration required by Law or the orders or Decree of any Court having jurisdiction then the above Bond to be void Otherwise to remain in full force.

Mary A. [X her mark] McDowell Seal
Absalem Marshall Seal
Stephen Baxter Seal
Thomas Simcock Seal

County of Lafayette, SS:

The State of Missouri to all persons to whom these presents shall come Greeting: Know Ye that whereas Daniel McDowell of the County of Lafayette died Intestate as it said having at the time of his death property in this State which may be lost destroyed or diminished in Value if speedy care be not taken of the same to the end therefore that said property may be collected preserved and disposed of according to law, We do hereby appoint Mary Ann McDowell Administratrix of all and singular the goods and chattels, rights and credits which were of the said Danl McDowell at the time of his death with full power and authority to secure and dispose of said property according to Law and collect all monies due said deceased and in general to do and perform all other acts and things which are or hereafter may be required of her by Law. In Testimony whereof I, Edward Stratton Clerk of the County Court in and for the County of Lafayette aforesaid, have hereunto signed my name and affixed the Seal of said Court at office this 3^d day of June AD 1850

Edward Stratton Clerk

The foregoing Bond & Letters were Recorded by me on this 6^th day of June AD 1860.

Edward Stratton Clerk

Now at this day comes Mary Ann McDowell administratrix of the Estate of Daniel McDowell decd and makes Settlement of said Estate as follows viz
Mary Ann McDowell Administratrix of the Estate of Danl McDowell decd

Dr In account with Said Estate

$2640.20 - To Amt of assets of said Estate as for Settlement made July Term 1852

70.00 - To amount of Rent of House and Land for 1853

$2700.20

Credits

$1350.00 - By amt allowed to the Credit of said Administratrix on Settlement mad July Term 1852

1299.61 - By amount of bad Debts not Collected

1.75 - By amount paid Edwd Stratton Clerks fee

15.00 - By " " allowance to L. W. Smallwood atty fee

65.00 - By amt allowed Mrs McDowell for Commission

$2732.36

Proof of Publication having been made for Final Settlement according to Law which Settlement so made is approved by the Court and ordered to be filed and Entered of Record.

Know all men by these presents that I Mary Ann McDowell as principal and the Lawson McDowell & Elizabeth J. McDowell as Security, all of the County of Lafayette, in the State of Missouri are held and firmly bound unto the State of Missouri for the use and benefit of Edwin, Martha C., Joseph H, Mary and James W. McDowell, minor Heirs of the late Daniel McDowell deceased in the Sum of Thirty five Hundred Dollars for the payment of which well and truly to be made we bind ourselves, our Heirs Executors and Administrators, firmly by these presents
The Condition of the above Bond is as follows, namely, Whereas the said Mary Ann McDowell was this day appointed Curator of the Estate of said Minors by the Probate Court of said County - Now if the said Mary Ann McDowell shall faithfully discharge all her duties as Such Curator according to Law, then this Bond shall be void Otherwise to remain in full force. As Witness our hands and seals this 12^th day of February AD 1855.

Mary Ann McDowell Seal
Lawson McDowell Seal
Elizabeth J. McDowell Seal

The foregoing Bond was Recorded on the 27^th day of February AD 1855.

Edward Stratton Judge

Mary Ann McDowell as Guardian of the Person & Curator of the Estates of James W. McDowell and Mary McDowell, minor heirs of the late Daniel McDowell, decd

vs

Lawson McDowell, Edwin McDowell, Joseph H. McDowell, Elizabeth J. McDowell & Martha C. McDowell

In partition

Now at this day comes said Plaintiff and files her petition to the Court here praying an order for the partition and sale of a slave named Peter, and thereupon said Defendants also come and voluntarily enter their appearance to said Petition, and thereupon by agreement of parties Plaintiff and Defendants this cause is now here submitted to the Court here for final hearing and trial and all and singular the premises being seen the Court doth find the facts as stated in said Petition to be true, and that said Plaintiff Mary Ann McDowell is lawfully entitled to the equal undivided one-eighth part of one-eighth of said slave, and that said James W. McDowell, Mary McDowell, Lawson McDowell, Edwin McDowell, Joseph H. McDowell, Elizabeth McDowell and Martha C. McDowell are lawfully entitled to the remainder of said slave in equal shares. And it appearing to the Court here that partition of said slave cannot be made owing to the owners, and that said owners are in great danger of losing said slave, It is therefore considered, ordered, adjudged and decreed by the Court that said slave Peter be sold by the Sheriff of Lafayette County at public auction for cash on the first Monday in September next, before the Court House door in said County, he said Sheriff first giving at least ten days notice of such sale in some newspaper published in said county. And that the proceeds of the sale of said slave, after paying the costs and expences of this suit, be divided among said parties according to their respective rights and interest therein as above ascertained and declared by the Court.

Mary Ann McDowell Guardian & Curatrix

vs

Lawson McDowell & others

Now at this day comes G. M Jacquis Sheriff of the County of Lafayette and files his Report of the Sale of Slave which is in the words & figures following, to wit

To the Honorable the Judge of the Lafayette County Probate Court, I the undersigned Sheriff of Lafayette County Missouri would respectfully Report to your Honor that in obedience to the order of the Lafayette County Probate Court made at the Adjourned August Term 1860, I did cause an Advertisement to be published in the Lexington Express a News Paper published in Said County at least ten days before the day of Sale in which Advertisement was described the property to be Sold as was also the time at which and place where to be Sold as was also the terms of Said Sale and on the 3^d day of September 1860 I proceeded to Sell and did Sell by public outcry to the highest and best bidder the Boy described in Said advertisement To wit a Negro Boy named Peter about 16 years old, and John Cather having then and there bid the Sum of Nine hundred and Ninety Six Dollars for Said Slave and that being the highest and best bid I therefore Sold Said Boy to him the Said Cather at and for the Sum So bid by him as aforesaid of which amount I have applied the Sum of four Dollars for Printers fees and the Sum of Nineteen Dollars and ninety two Cents as a Commission for Selling the Same & making distribution among the parties therein named which amount I now have in my hands for distribution according to the orders of Said Court leaving nine hundred and seventy two Dollars & Eight Cents $972.08 all of which is Respectfully Submitted ($972.08)
Sept 4^th 1860

G. M. Jacquis Sheriff

Order to allow Lewis W. Smallwood atty the Sum of $10.00
which Report being seen and heard is approved by the Court and ordered to be filed and Entered of Record which is done.

Lawson McDowell, Elizabeth J. McDowell & Mary A. McDowell vs Daniel McDowell, Edwin McDowell, Martha C. McDowell, Mary McDowell, James W. McDowell & Joseph H. McDowell } Now at this day come said plaintiffs by their attorney and Marquis W. Withers Sheriff of Lafayette also comes and files report of collection by him of the proceeds of the sale of land sold by him in this cause to wit "To the Circuit Court of Lafayette County in the State of Missouri the undersigned Sheriff of said County respectfully reports that he has collected the whole of the proceeds of sale of the real estate sold by an order of said Court in the above entitled cause as follows

$2,582.19 – Daniel McDowells note amounting to two thousand five hundred and eighty two dollars & nineteen cents

51.64 – Inst on same four months fifty one dollars and sixty four cents

$2,838.83 – George L. Williams note two hundred and five dollars amounting in all to the aggregate sum of two thousand eight hundred and thirty eight dollars & 83 cents

which amts are subject for distribution after payment of costs as follows

12.50 – Lewis W. Smallwood clerk

2.00 – same for two deeds

25.00 – French & Lawzer attos

6.60 – M.W. Withers Sheriff

0.90 – Same calling action 3 Terms 30^c

20.00 – Same commission on $1000 at 2 per cent

18.38 – Same commissiion on ball $1838 at 1 pr

4.00 – Sae 2 deeds

$89.38

$2749.45 – Ballance for distribution

All of which is respectfully submitted

M.W. Withers Sheriff

Which report is by the Court here approved and said costs and expenses are allowed and ordered to be paid. And it is further ordered by the Court that said Sheriff pay out and distribute said balance of $2749.45 among said parties interested thereon according to their respective rights as heretofore ascertained and determined by the Court in this cause.

Sheriff's Sale in Partition

STATE OF MISSOURI
COUNTY OF LAFAYETTE }
Margaret McDowell, and James H. McDowell by his Curator, Hugh Acres, plaintiffs,

vs

Edward McDowell, Mary A. McDowell, widow; James McDowell, Elizabeth McDowell, Mary McDowell, Martha McDowell, Florence McDowell, John L. McDowell and Mary H. McDowell, by their guardian, Florence McDowell, defendants

In the Common Pleas Court of Lafayette County, Missouri, December term, 1871.
By virtue of an order of sale, issued from the said Common Pleas Court of Lafayette county, Missouri, made in the above entitled cause, at the December term, 1871, and to me directed, I, Robert Taubman, Sheriff of said county, will, on

MONDAY, MARCH 25TH, A. D. 1872

between the hours of nine o'clock in the forenoon and five o'clock in the afternoon of that day, at the courthouse door, in the city of Lexington and during the session of the said Common Pleas Court for said county, expose to sale and sell publicly, by auction, to the highest bidder, all the right, title, claim and estate of the said parties, plaintiffs and defendants, in and to the following described tracts and parcels of land, situate, and lying in said Lafayette county, Missouri, to-wit:

The east half of the northeast quarter of section thirty-five, (35), containing eighty, (80), acres and the west half of the northwest quarter and a part of the northwest quarter of the southwest quarter of section thirty-six, (36), containing ninety-five, (95), acres, and the southeast quarter of the northwest quarter of section twenty-five, (25), all in township fifty-one, (52), of range twenty-seven, (27), containing in the aggregate 215 acres.

Terms of sale - One-third of the purchase money cash in hand; one-third in six months, and the remaining one-third in twelve months, from day of sale, purchaser giving bond and approved security upon deferred payments.

Given under my hand, this 10th day of February, A. D. 1872

Feb10th ROBERT TAUBMAN, Sheriff.

COMMON PLEAS COURT DOCKET

WEDNESDAY - THIRD DAY

11. Margaret McDowell et al Vs Edward McDowell et al.

FARM FOR RENT

The 'McDowell' farm, situated one mile east of Lexington, on the Dover road, is for rent for 1874. Said farm contains about 100 acres in cultivation, has an apple and peach orchard, good house of eight rooms, good pasture and all necessary conveniences. Will be rented on reasonable terms to a good tenant. Apply to L. W. Smallwood or on the premises.

Name of Estate: Heirs of Unknown
Sally Rice
George White
Nelly Brown

Curator: Mary A. McDowell, Absolom Marshall

Bonds: $2,000 with securities John W. White and Edwin McDowell, Jany 10, 1859, Book B, Page 158

Legal Notices: Papers in Box 184
Qualified, Jany 10, 1859, Book E, Page 315

Orders: Book E, Page 315

Know all men by these Presents That We Mary A. McDowell & Absolom Marshall as Principals and we John W. White and Edwin McDowell as security, all of the County of Lafayette in the State of Missouri are held and firmly bound unto the State of Missouri for the use and benefit of the unknown minor heirs of Sally Rice decd, George White decd and Nelly Brown decd, who were children of William White late of said County deceased and the unknown heirs of David White decd a grandson of said William White decd in the sum of two thousand Dollars for the payment of which well and truly to be made we bind ourselves, our heirs, executors and administrators firmly by these presents.
The condition of the above Bond is as follows, namely: Whereas the said Mary A. McDowell & Absolom Marshall were this day appointed Curators of the Estate of said minors by the Probate Court of said County, Now if the said Mary A. McDowell & Absalom Marshall shall faithfully discharge all his duties as such Curators according to law then this Bond shall be void otherwise to remain in full force & witness our hands and seals this 10^th day of January AD 1859.

Abaslom Marshall Seal
Mary A. McDowell Seal
John W. White Seal
Edwin McDowell Seal

The foregoing Bond was recorded by me February 22^d AD 1859.

W. M Smallwood Judge

Certificate of Appraisement

Of the Estate of Mary A. McDowell decd made out this [blank] day of May 1871 by Lewis W. Smallwood, John McFaddin and A. P. Logan appraiseres.
State of Missouri
County of Lafayette

Lewis W. Smallwood, John McFaddin and A. P. Logan householders of said County being appointed to appraise the personal Estate of Mary A. McDowell decd before entering on their duties make oath and say that they are not interested nor of kin to any person interested in said Estate as heir or devisee and that they will to the best of their ability view and appraise all the personal Estat to them produced.

John W. McFadin
Anthony P. Logan
L. W. Smallwoood

Subscribed and sworn to before me this 29^th day of May 1871 witness my hand this 29^th day of May 1871.

John E Burden

A long list of items with appraised value follows

The above and foregoing is our appraisement of the Estate of Mary A. McDowell deceased.

Given under our hands this 29^th day of May 1871.

John McFadin
Anthony P. Logan
L. W. Smallwood

The foregoing Appraisement was filed 29^th day of May 1871

Inventory

Of the Estate of Mary A. McDowell decd made out by John D. Robinson Executor and Lewis W. Smallwoood and John McFadin witness this 29^th day of May AD 1871.

Deed from James S. Thomas & al to Mary A. McDowell for the NE¼ of the SE¼ 35, 51, 27, 40 acres

$200.00 - Cash on hand Gold coin

50.00 - " " " in Currency

$250.00

280.00 - A note against Lawson McDowell & Florence McDowell dated Nov 12 1866 due on day after date (Int at 10 per cent)

126.00 - Interest now due on said note

406.00

150.00 - A Note against Lawson McDowell & Jos H. McDowell dated Aug 12^st 1866 due one day after date & bearing Interest at ten per cent for the sum of 150.00

On which in endorsed credits as follows:
to wit = $41.75 paid June 9, 1869 and $16.70 paid Jany 18, 1870

$162.15 - Balance Now due on said note including Interest

Personal Property

Long list of items

John McFadin
Anthony P. Logan<

The foregoing Inventory was filed and Recorded on the 29^th day of May 1871

Sale Bill of Estate of Mary A. McDowell

Made by John D. Robinson Executor June 9, AD 1871 at 60 days

Names of Purchasers - Articles Sold - Amt Sold for

Thos Shelby - 1 pair Stretchers - 1.00

" " - 1 Cross cut Saw - 0.50

John D. Robinson - 2 old Plows - 1.00

L. W. Smallwood - 1 Lot Plow Harness - 0.80

Jno McFadin - 1 Fith Chain - 2.00

Edwin McDowell - 1 ox wagon - 8.00

Martha McDowell - 1 Harrow - 1.20

J. D. Robinson - 1 Old Plow chain &C - 0.50

Jas Marr - 1 Log chain - 0.85

Benj Williams - 1 " " - 0.80

A. P. Logan - Lot Sundries - 0.25

Edwin McDowell - 1 two Horse wagon - 10.00

Martha McDowell - 1 carriage - 25.50

L. Terhume - 1 Hemp Cradle - 1.00

" - 1 " " - 2.00

J. E. Robinson - 1 Hand Saw - 0.60

" - 2 Augers - 0.40

J. D. Robinson - 2 " - 0.25

Martha McDowell - 3 Augers - 0.55

J. E. Robinson - Square & Drawing Knife - 0.10

Jas Marr - 1 Pair Scales - 2.45

" - Sundries - 0.10

Mollie McDowell - 1 Hemp Hook - 0.05

" " - 1 Shovel - 0.10

J. D. Robinson - 1 pr warping bars - 0.50

Edwin McDowell - 1 Grind Stone - 1.30

" " - 1 Lot Shingles - 2.50

J. E. Robinson - 5 Choice hogs @$4.25 pr head - 21.25

" " - 5 2ⁿ choice " @ 3.50 " " - 17.50

" " - 5 3^d " " @ 2.75 " " - 13.75

" " - 3 4^th " " @ 1.75 - 5.25

Martha McDowell - 4 Pigs - 1.00

Jas Marr - 1 1-Horse Plow - 1.40

Jno McFadin - 1 cutting Box - 2.00

Thos Shelby - 1 Hoe - 0.25

L. W. Smallwood - 1 Hoe & Mattock - 0.40

Jas Marr - Hay Forks - 0.75

J. D. Robinson - Corn Sheller - 4.50

J. E. Robinson - 1 Large Sow - 5.20

J. D. Robinson - 1 Sow & 5 Pigs - 6.75

A. P. Logaon - Lot Sundries - 0.10

" " " - 1 Wagon tongue & Irons - 0.50

- 2 Hemp Brokes no sale -

L. W. Smallwood - 1 Yoke cattle - 50.00

W. Johnson - 1 Bull - 20.00

Thos Shelby - 2 2-year old Steers $21.25 - 42.50

" " - 5 1^st choice Sheep @ $2.20 - 11.00

" " - 4 2ⁿ choice " @ 2.10 - 8.40

Martha McDowell - 1 Horse - 125.00

Edwin McDowell - 1 Light Bay horse - 80.00

Mollie McDowell - 1 Gray Horse - 66.00

J. D. Robison - 1 Reaper & mower - 50.00

$597.80

State of Missouri
County of Lafayette

This affiant makes oath and sayd he acted as clerk at the above sale and that the foregoing contains a true statement of said sale of the articles sold to whom sold & the price thereof.

J. C. T. Brightwell

Subscribed and sworn to before me this 11^th day of July 1871 witness my hand and official seal.

John E. Burden Clerk

The foregoing Sale Bill was filed for Record on the 11^th day of July 1871.

Estate of Mary A. McDowell decd

Now at this day comes John D. Robinson and makes 1^st annual Settlement of said Estate which is in the words and figures following to wit:

Dr John D. Robinson Executor To said Estate

597.80 - To amto Sale filed which was in 60 days time

200.00 - " cash on hand Gold coin

50.00 - " " " Currency

568.15 - " amt notes per Inventory on which nothing has been collected

20.00 - amt Premium received on Gold coin

471.00 - " amt of appraised property not sold but given to Legatees by Will

160.00 - " amt Property Inventoried which was proven to be property of children

630.00

$2070.95

Cr

1.00 - No. 1 By amt paid Jno McFaddin appraiser

1.00 - No. 2 " " " L. H. Smallwood "

1.00 - No. 3 " " " A. P. Logan "

5.00 - No. 4 " " " auctioneer Gordon & Hallis

2.50 - No. 5 " " " Brightwell Clerk of Sale

231.57 - No. 6 " " " Mary A. McDowell allowance

20.00 - No. 7 " " " Chanslor Russell and Co. "

28.00 - No. 8 " " " H and F. Winkler "

23.00 - No. 9 " " " William P. Boulman "

16.60 - No.10 " " " James Iles on "

0.75 - No. 11 " " " D. W. Blevis account

20.10 - No. 12 " " " Cost in Court

164.00 - No. 13 " Cherry and Yearling proved to be property of Elizabeth McDowell and Mary Martha

150.00 - No. 14 " amt 2 mules willed to E. M. McDowell appd

225.00 - No. 15 " " property willed to Elizabeth J. McDowell appraised at 225.00

96.00 - No. 16 " " property willed to Martha C., Elizabeth J, Florence C and Mary M. McDowell and Ed and James McDowell appraised at 96.00

985.52

$1085.43 - Balance

$568.15 - Notes on hand

517.28 - Cash " "

Which Settlement is approved and ordered to be filed & entered of record.

Estate of Mary A. McDowell Decd
Now at this day comes John D. Robinson Executor of said Estate and makes annual Settlement of said Estate which is in the words and figures following to wit:
John D. Robinson Executor to said Estate D^r

$577.28 – To amount cash in hand per last Settlement July 1872

568.15 – " " notes on hand per last Settlement July 1872 (__)

$237.42 – " " recd on the notes per Inventory allowed against Estate Jo. H. McDowell - 53 pr ct on 431.68

84.34 – Also 55 pr ct on 158.80

$324.76 – Total amt recd on notes as per Inventory which is about all that will be realized

$1085.43

Cr

$6.50 – No. 1 By amt paid Donan and Allen Printers

59.62 – No. 2 " " Executors Commission on $1192.56

17.95 – " " paid Costs in Court with last Settment &C

84.07 – Bal Costs in full

$1,001.36

$243.39 – Annual Bal Principal notes on hand

757.97 – By amt cash on hand

$1,001.36

By the Will of deceased the 9^th Item thereof makes a Special bequest of the debt due decedent from the Estate of Jos. H. McDowell decd the aggregate amt realized on same by the Executor is $324.76. Testatrix also in said Item sets apart 200 additional to the heirs of Joseph H. McDowell deceased and appoints John D. Robinson trustee to loan out said sum for benefit of said heirs - in the aggregate $324.76. Wherefore Executor asks for an order to pay said sum to said turstee according to the provisions of said Will. The remainder of said Estate is Willed to Elizabeth and Martha McDowell daughters of the deceased.

John D. Robinson Executor

Which Settlement is approved and ordered to be filed and entered of record. And it is ordered that said Executor pay the sum of $324.76 to John D. Robinson trustee for the benefit of the heirs of Joseph H. McDowell decd according to the provisions of the Will of said McDowell.

Know all men by these presents that I, Elizabeth Backster of Lafayette County, Missouri, being in ill health but of sound mind do make, publish and declare this to be my last will and testament.

My debts being first paid, I give and devise to my nephew Lawson McDowell a certain lot of land in the town of Lexington in said County, to wit the Lot known on the plat of said Town as Lot number 38. All other lots and real estate owned by me and especially the lot situated in said Town and Known as lot number 51, I will to be sold and the proceeds thereof together with all other money and assets of my estate I wish disposed of as follows, namely, The sum of Fifty Dollars I will to the Christian Church in the City of Lexington to be disposed of by the authorities of said church as [blank] The sum of Two hundred Dollars I will and direct to be expended in the purchase of a lot in the City Cemetery, and for tomb stones & incidental funeral expences. And the sum of one hundred Dollars I hereby will and direct to be expended in removing the remains of John D. Jones & Mary Ann Jones, and in improvements around their graves.
All the balance of my estate I will and give to the six children of my sister Mary A. McDowell and the four children of my sister [blank] Marshall, named as follows: Edwin McDowell, Elizabeth J. McDowell, Martha C. McDowell, Joseph H. McDowell, Mary McDowell & James W. McDowell, Julius L. Marshall, Mary E. Marshall, Absalom W. Marshall & Rufus P. Marshall, giving to each of said children the equal one-tenth part

Lastly, I hereby appoint [blank] Executor of this my last will & testament, hereby revoking all former wills by me at any time heretofore made. As witness my hand and seal this [blank] day of [blank] 1855.

Elizabeth [X her mark] Baxter Seal

Witnesses {Isaac Chansler
L. W. Smallwood

State of Missouri, Lafayette County } In the Probate Court April Term 1858

Be it remembered that at a Term of the Probate Court within and for said County, begun and held at the Court House in said County, on the 5^th day of April 1858 and on the 5^th day of said term, being the 9^th day of April 1858, came into open Court, Isaac Chansler and Lewis W. Smallwood, the two subscribing witnesses to the foregoing instrument of writing, purporting to be the last will and testament of Elizabeth Baxter, deceased, late of said County, who after being duly sworn in open Court, to testify in relation to the execution of said instrument of writing, proved that the said Elizabeth Baxter, the testatrix, executed the same in their presence, and published the said instrument as and for her last will and Testament. That she the said testatrix was of sound mind at the time of executing the same and that they the said witnesses, subscribed their names thereto as witnesses thereof in the presence of and at the request of the said Elizabeth Baxter the testatrix, and in the presence of each other: Whereupon it was adjudged by said Court that said instrument be admitted to record as the last will and testament of the said Elizabeth Baxter, deceased, All of which is now here certified. In Testimony whereof I as Judge of said Court, have hereunto set my hand and the seal of said Court at office in Lexington, this April 9^th AD 1858.

W. M. Smallwood Judge

The foregoing will of Elizabeth Backster decd and the probate thereof were recorded by me April 13, 1858.

W. M. Smallwood Judge

Know all men by these presents that we, Edwin McDowell as principal and Lawson McDowell and Mary Ann McDowell as security, of the County of Lafayette in the State of Missouri, are held and firmly bound unto the State of Missouri in the sum of Six hundred Dollars for the payment whereof well and truly to be made, we bind ourselves, our heirs, excutors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12^th day of April AD 1858.

The condition of this bond is such that if Edwin McDowell, Administrator of the Estate of Elizabeth Baxter, deceased, with the will of said deceased annexed, shall faithfully execute the last will of said deceased, account for, pay and deliver all money and property of said deceased, and perform all other things touching the execution of said Will, required by lasw or the order of any Court having jurisdiction, then the above bond to be void, otherwise to remain in full force.

Edwin McDowell Seal
Lawson McDowell Seal
Mary A. McDowell Seal

The foregoing Bond was recorded by me April 13 1858.

W. M. Smallwood Judge

County of Lafayette SS:

The State of Missouri to all persons to whom these presents shall come. Greetings: Know ye that the Will and Testament of Elizabeth Baxter, deceased, hath, in due form of law, been exhibited, proved and recorded, in the fofice of the Judge of the Probate Court for Lafayette County, a copy of which is hereunto annexed: And, in as much as it appears that no Executor was appointed in and by the said last Will and Testament to execute the same; And to the end that the property of the Testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said last Will may be executed according to the request of the Testator. I do hereby authorize and appoint Edwin McDowell Administrator of said deceased, with the said Will annexed, and as such to collect and secure all and singular, the Goods and Chattels, Rights and Credits which were of the said Elizabeth Baxter, at the time of her death, in whosoever hands or possession the same may be found; And to perform and fulfil all such duties as may be enjoined upon him by said Will, so far as there shall be property and the law charge him; And in general to do and perform all other acts and things which are or hereafter may be required of him by law. In Testimony whereof, I, W. M. Smallwood Judege of the Probate Court, in and for said County of Lafayette, have hereunto signed my name and affixed the seal of said Court, at office, this 12^th day of April AD 1858.

W. M. Smallwood Judge

The foregoing Letters were recorded by me on the 13^th of April 1858.

W. M. Smallwood Judge

Now at this day in vacation comes Edwin McDowell, in and applies for Letters of Administration on the Estate of Elizabeth McDowell [Sic: should be Baxter], late of Lafayette County, Missouri, deceased. And it appearing that he is legally entitled and qualified to receive the same, it is therefore ordered that said Edwin McDowell be appointed administrator, with the will annexed, of said Estate. Said Administrator thereupon makes and files the affidavit in such cases required by law, and also his bond to the State of Missouri in the sum of Six hundred Dollars, with Lawson McDowell and Mary A. McDowell as securities, which bond is approved and filed for record. Thereupon Letters of Administration with the will annexed of said deceased, are granted to the said Edwin McDowell, and Isaac Chanslor and Milton Ewing appointed witness to assist said Administrator in opening the papers of said deceased and in making an Inventory thereof.

April 12^th AD 1858

W. M. Smallwood Judge

Thomas B. Wallace

vs

Est. Elizabeth Backster

Now at this day comes said Plaintiff and exhibits his demand against said Estate, and thereupon also comes Edwin McDowell Executor of said Estate, and waives the right to notice hereof, and all and singular the premises being seen and heard the Court here allows said Plaintiff against said Edwin McDowell as Executor as aforesaid, the sum of Five Dollars and Seventeen Cents in the 5^th Class. $5.17

The following is an Inventory of the Real and Personal Estate of Elizabeth Baxter deceased late of Lafayette County made out by Edwin McDowell Executor of said Estate and Milton Ewing and Isaac Chanslor Witnesses on this 14^th day of May AD 1858.
1 Lot in the Town of Old Lexington No. 38 & 1 Lot Situated in the Town of Old Lexington No. 51
$300.00 - 1 note on L. W. Smallwood dated Oct. 10^th 1856
47.50 - Interest from date at 10 per cent
30.00 - Credit on Same Sept 26^th 1857
$317.50
23.35 - Due of M. W. Webb for Rent
6.00 - Due of David Odanul for Rent
346.85 - Full amount of notes and accounts

Milton Ewing
Isaac Chanslor

State of Missouri
Lafayette County
Affiant Edwin McDowell Executor of said Estate makes oath and says that the foregoing is a full Inventory and discription of all the money goods chattels and Estate real and personal, books papers and evidences of debts and of title of the deceased and of all Debts due and becomings due so far as he can ascertain them that he was not indebted or bound in any contract to the deceased at the time of her death except as stated in the inventory.

Edwin McDowell

Subscribed & Sworn to before me the Judge of the Probate Court of said County this May 25^th 1858.

W. M. Smallwood Judge

The foregoing Inventory was Recorded on this 22ⁿ day of June AD 1858.

Edward Shulton Clerk

Est. Elizabeth Baxter decd

Now on this day comes Edwin McDowell administrator with the Will annexed of Elizabeth Baxter deceased and makes annual Settlement on said Estate as follows, to wit:
Dr - Edwin McDowell Admr: To said Estate

$323.64 - To amt colelcted on Note of Lewis W. Smallwood Inventoried

650.00 - " amt sale of land of deceased being an lot in old Town

88.33 1/3 - " amt Rent received April 1859

$1061.97 1/3

Cr

1 - $5.17 - By amt paid Thos. B. Wallace allowance

2 - 3.00 - " " " Silas Silver allowance

3 - 45.00 - " " " for Grave Stones

4 - 50.00 - " " " Christian Church

5 - 2.50 - " " " Smallwood [?] Julian debt?

6 - 3.35 - " " " State & Co. Tax year 1858

7 - 0.75 - " " " Recording deed

8 - 1.65 - " " " Tax year 1860

9 - 6.58 - " " " W. M. Smallwood Judge fee

10 - 3.00 - " " " City Tax 1858

11 - 5.17 - " " " " " 1859

12 - 2.00 - " " " Wm Anderson Notice final Settlement

13 - 35.00 - " " " Joseph H. McDowell an heir

14 - 35.00 - " " " Mary E. Marshall an heir

15 - 10.90 - " " " A. W. Marshall " "

16 - 10.90 - " " " Eliza J. McDowell " "

17 - 20.00 - " " " Marshall " "

18 - 35.00 - " " " A. W. Marshall " "

19 - 10.90 - " " " Mary E. Marshall " "

20 - 20.00 - " " " " " " " "

21 - 35.00 - " " " R. P. Marshall " "

22 - 10.90 - " " " R. P. Marshall " "

23 - 20.00 - " " " " " " " "

24 - 20.00 - " " " J. L. Marshall " "

25 - 35.00 - " " " " " " " "

26 - 35.00 - " " " Eliza J. McDowell " "

27 - 20.00 - " " " " " " " "

28 - 10.90 - " " " Jos McDowell " "

29 - 10.00 - " " " J. L. Marshall " "

30 - 65.90 - " " " Mary A. McDowell " "

31 - 65.90 - " " " Mary " " " "

32 - 65.90 - By amt paid Mary A. McDowell

33 - 20.00 - " " " Full Lot in Cemetery

34 - 55.00 - " " " Bill of Hays Nutatis Coffin

35 - 7.25 - " " " Dr Boulman Med bill

36 - 5.00 - " " " Campbell & John Hack? Fee Funeral

37 - 10.00 - " " " John N. Johnson Hearse

38 - 1.00 - " " " Record deed to Lot in Cemetery

- 39.93 - " " of Admr Commission on $798.62 paid [?] disbursed at 5 pr ct

- 10.00 - " " admr per diem allowance for special attention to Estate

- 10.90 - " " paid Probate fees with Settlement & drawing up same: all costs

39 - 20.00 - " " paid Joseph McDowell an heir

- 1.00 - Com $20 at five pr ct on this $20

$879.10 - Total Credits

Recapitulation am Dr $1061.97 1/3

amt Cr $879.10

Balance Estate $182.87 1/3

65.90 - Amt paid Edwin McDowell an heir of deceased, his share of the Estate

$116.97 1/3 - Bal due Est for distribution

Which Settlement is hereof Approved and Recorded.

Est. Elizabeth Baxter decd

Now at this day comes Edwin McDowell administrator of the Estate of Elizabeth Baxter deceased and makes his final Settlement on said Estate as follows, to wit:

Dr Edwin McDowell admr: In said Estate

116.97 - In acct. balance due at October Term 1865 on Settlement

Cr

3.54 - By amt paid H. K. Davis printer

5.00 - By amt paid Probate fees this Settlement and preparing since and all costs of final discharge &C

5.84 - By acct admrs Commission on $116.97 at 5 pr ct

14.34

116.97 - Recapitulation amt charges

14.34 - Amt Credits

102.63 - Bal

102.63 - Amt due each heir $11.40 - Cr by amt of Receipts of Heirs Herewith filed

Which said Settlement is hereof approved: and thereupon said admr now here makes proof of Publication which is also approved and filed for record, and it appearing that said administrator has fully administered said estate according to the will of said deceased it is ordered that he be fully and finally discharged from his administration on said estate.

1870 Will of Mary A. McDowell

1901 Will of Elizabeth J. McDowell

Affidavit - John W. Shotwell admr Lawson McDowel
The affidavit of John W. Shotwell on application for Letters of Administration on the estate of Lawson McDowell deceased states to the best of his knowledge and belief that the deceased died without a will and that he left the following heirs [None listed]
and further that he will make a perfect inventory of and faithfully administer all of the estate of said deceased, and pay the debts as far as the assets will extend and the law directs and account for an pay all assets which shall come into his possession or knowledge. Subscribed and sworn to before me this 29^{th day of March 1870.
Endorsed. Filed March 29th 1870}

D.P. Whitmer Judge

John W. Shotwell Administrator 29 March 1870, Book J Pages 302 and 311

John S./L. Hill interest in sawmill, Book J Pages 315, 325, 369, 433 and Book K Page 21

Hugh Akers Guar James W. McDowell heir of Lawson, Book K Page 72

Elizabeth J. McDowell, Mary M. McDowell, Martha C. McDowell, Book K Page 284

John S. Hill, Book K Page 277

[Russell] B. Hill, Book K Pages 321, 374 and 376; BooK L Page 32

John S. Hill, Thomas B. Hill, Book L, Pages 54 and 96

Thomas H. B. Hill - John Hill half interest in sawmill, Book L Page 104, 137, 194, and 211

Annual Settlement 4 March 1872, Book L Page 273

Margaret McDowell widow of said deceased, Book L Pages 369 and 416

Thomas H. B. Hill buys undivided interest in sawmill, Book M Pages 11, 21, and 22

In Vacation February 24 1872

Estate of Joseph H. McDowell decd.

Now at this day In Vacation of the Lafayette County Probate Court before the undersigned Clerk of said Court comes Florence C. McDowell and applies for Letters of administration on the Estate of Joseph H. McDowell decd. On motion it is ordered that Florence C. McDowell be and shew hereby appointed adminstratrix of the Estate of said deceased Whereupon comes said Florence C. McDowell and having filed the affidavit required by law tenders bond to the State of Missouri in the Sum of three thousand dollars with E. M. McDowell & James McDowell as Securities for the faithful performance of her duties as such administratrix - which said bond being conditioned according to law is approved and ordered to be filed and entered of record.

John E. Burden Clerk

Inventory of the Estate of Joseph H. McDowell decd made out by Florence C. McDowell admx and James Ogoman and E. A. Dulin witnesses this 24^th day of February 1872.
The decedent owns one undivided one Seventh part of the following described Real Estate situated in Lafayette & Johnson County Missouri which land will shortly be sold in partition in the Common Pleas Court Lafayette County Land.

80 acres E½ NE Sect 35 T51 R27

80 acres W½ NW Sect 36 T51 R27

15 ? NWSW Sect 36 T51 R27

40 SENW¼ Sect 25 T51 R27

Johnson Co. Land

SESW½ Sect 23 T46 Rang 26

(decedent has no other property)

Witness
E. A. Dulin
James Ogorman

Florence C. McDowell Admx

State of Missource
County of Lafayette

Florence C. McDowell admx of the Estate of Joseph H. McDowell says the foregoing and annexed is a full Inventory & description of all the money goods chattels and Estate real and personal books papers evidences of debt and of title of the deceased and of all debts due and to become due so far as he can ascertain them including the property reserved as the absolute property of the widow and that he is not indebted or bound in any contract to the deceased at the time of his death except as stated in said inventory.

Florence C. McDowell

Subscribed and Sworn to before me this 24^th day of February 1872 witness my hand and official seal.

John E. Burden Clerk

The foregoing Inventory was filed for record February 29^th 1872.

Estate of Joseph H. McDowell decd

Now at this day comes Florence C. McDowell administratrix of the Estate of said decd and presents and makes 1^st annual Settlement of said estate which is in the words and figured following to wit

Dr Florence C. McDowell admx To said Estate

$435.20 - To amount received from the Sheriff of Lafayette County in Partition suit in Circuit Court - being the interest of said deceased in the lands Inventoried

Cr

$9.30 - By amount paid Costs in Court

4.00 - " amount Paid Printer adv notice Letters

21.76 - " [annual] Cimr. to admx on $435.20

$400.14 - Balance due Estate

Which Settlement is approved and ordered filed & entered of record.

Estate of Joseph H. McDowell decd.

Ordered that Florence C. McDowell admx of said estate pay 55 per cent on all demands proven up against said estate in the 5^th class.

Estates of John L. McDowell and Mary H. McDowell minor heirs of Joseph H. McDowell deceaded
Now at this day on motion Mary M. McDowell is appointed Guardian of the persons and curator of the Estates of said minors John L. McDowell and Mary H. McDowell. Whereupon comes said Mary M. McDowell & tenders bond to the State of Missouri in the Sum of Eight hundred dollars with Elizabeth J. McDowell and Martha C. McDowell as securities for the faithful performance of her duties as such Guardian which said bond being conditioned according to law is approved and ordered to be filed and entered of record and said Mary M. McDowell is appointed Guardian of the persons and estates of said minors.

Mary H. McDowell

vs

Est Joseph H. McDowell
Demand presented notice waived and Court allows to said Plaintiff against said Estate the Sum of $79.13 in the 5^th class. $79.13

Estate of Mary A. McDowell decd

vs

Estate Joseph H. McDowell decd
Demand presented notice waived and Court allows to said Plaintiff against said Estate the Sum of one hundred and fifty dollars and Eighty cents at 10 pr cent in the 5^th class. $158.80

Estate Mary A. McDowell decd

vs

Estate Joseph H. McDowell decd
Demand presented notice waived and Court allows to said Plaintiff against said Estate the Sum of four hundred and thirty one dollars and Sixty Eight cents in the 5^th class. $432.68

Estates of John L. McDowell and Mary H. McDowell minor heirs of Joseph H. McDowell Deceased }

Now at this day comes Mary McDowell Guardian of the persons and estates of said minors and makes 1^st annual Settlement of said minors estates as follows to wit

Dr Mary McDowell Guardian To said minors

To one horse cow and calf belonging to said John L. McDowell - said Calf having been sold for $16.00

Nothing yet received for Mary H. McDowell

By Cash Paid Doct Wm P. Boulnare for medical services for said John - 20.00

By amount of Probate fees Paid - 4.00

24.00

Which Settlement is approved and ordered to be filed and Entered of record.

No. 6 Joseph M. McDowell Settled by Note $7.50

No. 8 Joseph M. McDowell Settled by Note Paid to E.P. Williams $10.00

No. 9 Joseph M. McDowell Settled by Note $16.75

Family of William McDowell

Voucher No. 1
Received from John McDowell and Hester McDowell Executor and Executrix of the Estate of William McDowell Deceased in full of all Bequeathed to me as legatee by the last will and testament of sd Deceased for ten pounds currency and do by theses presents Quit Claim to any further part of sd deceased Estate and do relieve my sd Executor and Executrix from any further payment whatever. In witness thereof I have thereunto set my hand this July 13^th 1784.

John Herron

Vo^r No. 2
Then received from John McDowell and Hester McDowel Executor and Executrix of the Estate of William McDowel Deceased in full of all Bequeathed to me as legatee by the last Will and testament of sd Deceased, Viz ten pounds currency and at sale wearing apparel. And do by these presents Quit Claim to any further part of sd deceased Estate and do relieve my sd Executor and Executrix from and further payment whatever. In witness thereof I have thereunto set my hand this 20 January 1784.

Robart Hillis

Allan Herron

Vo^r 3
Received from John McDowell and Hester McDowell Executor and Excutrix of the Estate of William McDowell Deceased in full of all bequeathed to me as legatee by the last will and testament of sd Deceased my part in full and do by these presents Quit Claim to any further part of sd deceased Estate and do relieve my sd Executor and Executrix from any furhter payment whatever. In witness thereof I have thereunto set my hand this 12^th day of July in the year 1784.

Allan Herron

Voucher No. 5
Then received from John McDowell Executor of the Estate of William McDowell Deceased in full of all bequeathed to me as legatee by the last Will and Testamanet of said deceased my part in full and I do by these presents Quit claim to any further part of sd deceased Estate and do relieve and release my s^d Executor from any further payment whatever. For witness thereof I have thereunto set my hand this 15^th of July in the year 1784.

Esther (E her mark) McDoweall

Tester Wm Wilson

A Settlement made of the Estate of William McDowell Deceased agreeably to his will as follows made before us undernamed Justices of the Peace appointed by Court as a committee by the Ex^rs of said Will.

Voucher No. 1 paid to John Herron Legatee of said Estate the sum of ten pounds currency agreeable to the will £10.0.0

Vo^r No. 2 paid to Robert Hillis Legatee agreeable to the will and a suit of wearing apparel £10.0.0

Voucher No. 3 also paid in full to Allan Herron as Legatee his full share as by P^r voucher doth appear.

Vo^r 4^th the Ex^rs agreeable to the will above named have made up and put out interest the sum of sixty pounds good money for Margaret McDowell Legatee of said Wm McDowell while we find as above said to be in the hands of this Ex^x.

Vo^r No. 5 Esther McDowell widow and Executrix of said Wm McDowell doth forever quit and discharge John McDowell Ex^r of her share of the above named Estate as Legatee having fully received the same.

Rob^tIrwin
Abm Barnett
Wm Wilson

October ye 7^th 1784
In the hand of the Ex^x £60.0.0 Belonging to Margaret McDowel Legatee

Wm McDowell Decd vs Robt McDowell
Settlemt Estate & Vouchers
An Inventory and Return of Wm McDowels Estate Deceased by us as within mentioned Ex^rs of this same.

Jn^o McDowell Guar. Bond April 1792
State of North Carolina
We John W. McDowell & Saml Bowman are held & firmly bound unto Hoy Alexander Chairman of the County Court of Pleas & Quarter Sessions held for the County of Mecklenburg in the Penal sum of one hundred & fifty pounds to be paid by us &C to the said Chairman or his successors in Office in trust for the benefit of Marg^t McDowell minor of William McDowell Dec^d. To be void on condition that John McDowell who is appointed Guardian for the said Marg^t McDowell minor shall well & faithfully discharge his duty as Guardian aforesaid in several cases which by Law in such case is required. Witness our hands & seals the 27^th day of April 1792.

John McDowell
Samuel Bowman

Tester Isaac Alexander

Hugh Parks Guar for Marg^t McDowell October 1795
State of North Carolina
We Hugh Parks & James Shrott Jun^r are held & firmly bound unto Robert Irwin Chairman of our County Court of Mecklenburg or his successors in Office in the penal sum of one hudnred Pounds in trust for Margaret Wilson minor Daughter of Wm McDowell Deceased. To be void on condition that Hugh Parks, who is appointed Guardian for McDowell minor aforesaid, shall well and faithfully discharge his duty as Guradian aforesaid as in several cases which by Law is required. Witness our hands & seals this 27^th day of October AD 1795.

Hugh Parks
James Shrott

Witness Isaac Alexander

Rec^d from the Court of Mecklenburg the following Bonds and notes the property of Margaret McDowell late in the possession of John McDowell as Guardian of said Margaret, to wit: [List] … which Bonds and notes I do receive as the Guardian of said Margaret McDowell as witness my hand this 27^th of Oct^r 1795.

Hugh Parks

Witness Isaac Alexander

Cap^t Hugh Parks Guar^d of Margaret McDowell amt of the Estate £60.11.6
Ju: 2/6
Mecklenburg County, October Sessions 1795
Capt. Hugh Parks was appointed Guardian for Margaret McDowell - Insane - at the same time was filed in my office a receipt given by Hugh Parks as the Guardian of Margaret McDowell Viz
One on Isaac Cook & Thomas Polk for – £54.0.0
One on Joseph Bighorn & Rob^t Brown for – 2.2.2
One on Elijah Harlin & Geo Davis for – 4.9.4
In the whole – £60.11.6
A true copy from the minutes of Court

Test Isaac Alexander CMC

Hendersons Rec^t to Cap^t Parks for Marg^t McDowel £2.17.6
No. 3 $3.75
Charlotte, Octo^r 5^th 1797. Then rec^d of Hugh Parks £2.17.6 in full of all acc^ts on behalf of Margaret McDowel, it being for Med^l attendance &C by me. £2.17.6.

Tho: Henderson

No. 6 $5.05
September 20^th 1804
Received from Hugh Parks guardian five dollars five cents for the purchase of clothing and other articles for the use of Margaret McDowell insane woman.

Allan Heron

No. 2 $81.75
Esther McDowell Receipt
$81.75
1.75
5.05
5.70
1.30
15.80
May 11 1804
Received from Hugh Parks Guardian of Margaret McDowel MenJane [Sic: Insane] Woman Eighty one Dollars seventy five cents at different times before the present date which money has been applied to the support of sd Margaret by me.

Esther (X her mark) McDowell

Test Allan Heron

July 21 1805
Received from Hugh Parks one Dollar fifty cents in payment for making a coffin to be used in burial of Margaret McDowell Mensane [Sic: insane] woman Decd.

Alex^d Green

No. 1 $37
Upton Byrams charge against Hugh Parks Guardian of Margaret McDowell MenJane [Sic: insane] Woman for his trouble and boarding from the 11^th of May 1804 to the 11 of November same year – $24.00
To one month during her last sickness – 8.
To the June of Charge – 5.
Amount – 37.00
State of North Carolina, Mecklenburg County } Came personally before me the subscribing Justice Upton Byram and made oath that the above acct of thirty seven Dollars for against Hugh Parks guardian of Margaret McDowel an Insane woman for the above particulars is just and true as above satated and that such

Upton (X his mark) Byram

Sworn to before this 21^st day of Aug^t 1806
Test D. McDonald J.P.

Aug^t 21^st 1806 Rec^d of Hugh Parks Guardian of Margaret McDowel Insane the above bill

Upton (X his mark) Byram

Test D. McDonald

Settlement of Marg^t McDowell Estate - Insane
October Term 1806
Settlement of the Estate of Margaret McDowell Insane woman with Hugh Parks her guardian
Settlement of the Estate of Margaret McDowell insane woman with the guardian Hugh Parks as due her by her Father Will

$151.40 – Total Am^t of the Estate as [Jos^h] Clarkes Certificate

130.80 – The guardian produced the following Vouchers

20.60

3.28 – Interest of Joseph Bigham Note

23.88

$37 – No. 1

81.75 – No. 2

3.75 – No. 3

1.75 – No. 4

1.50 – No. 5

5.05 – No. 6

130.80

$23.88 – Ballance in the hand of the guardian

The heirs agreed to give up the In^t to the guardian for his commissions.
Settled by on this 28^th of Aug^t 1806

Jas Fagert J.P.
D. McDonal J.P.

Inventory & appraisment of Esther McDowells Estate, July Term 1806
We the under subscribed being Called upon by the Exr^s of Easter McDowal Dec^d to appraise and value the whole of the property of said Dec^d after being sworn in due form of Law we have proceeded to appraise as follows:

$ Doll Cents

7.10 — to one counter pen & gold ring

6.75 — to one scarlot cloak & 2 trunks and one check Recl

6.25 — to one pane of silve show buckles, one puter dish and one spinning wheel

6.50 — to two Habets and a quantity of Rappers

15.00 — to one feather bed [Bother] and pillows one double cover set

4.00 — to one Dutch oven & 2 old pots

2.10 — to one old tea kettle and one stack glasses

3.00 — to four old old petty coats an one old skirt

As witness our hands the 26^th of July 1806

Alex^r Porter
Richard Kolusen
Jonas Rudisill

The amount of the moneys due to Easter McDowal at her decease
to two notes on Upton Byram one of $118.59, the other of $55.40
118.69
55.40
173.99
50.00 — John Porter
224.69 — Jas Strott Ex^s
Sworn to before Isaac Alexander

Amt. of Esther McDowells Estate, return & certificate 4/6
Mecklenburg County Ss July Term 1806
Was returned an Inventory and appraisment of the Estate of Esther McDowell Dec^d by the Executers to the amount of $224.69
Test Isaac Alexander CKC

No. 1 Upton Byrom Recpt of $135.72
Recei^d April 4^th 1807 of the Executors of Esther McDowell Dec^d the following articles agreeable to the Will of s^d Dec^d (to wit) one Scarlet cloak, two trunks, one chest real valued at six dollars and seventy five cents, also the one half of two Habbits and a quantity of Rappers valued at three dollars and twenty five cents, also the one half of a Dutch oven and two old pots at two dollars & ten cents, also four old petty coats and one skirt, at three dollars, also Rec^d at the same time the sum of one hundred and seventeen dolalrs and seventy two cents it being the one half of the money that was left in my hands in notes as mentioned in the Will of s^d Dec^d
I say Rec^d by me.

Upton (X his mark) Byram

Test Jno Kendrick

No. 2 Allan Herron Recpt of $120:7
Recei^d 4^th April 1807 of the Executors of Esther McDowell Dec^d one counterpain and one gold ring valued at seven dollars and ten cents, the one half two Habits and a quantity of Rappers valued at three dollars and twenty five cents, also the one half of a Dutch oven and two old pots at two dollars, also one hundred and seventeen dollars and seventy two cents in notes being the one half of principal and interest of money in the hands of Upton Byrum as mentioned in the Will of s^d Dec^d Rec^d by me.

Allan Heron

Test Jno Kendrick

No. 3 Upton Byrom $6.25 Rece^d 4 of April 1807 of the Executors of Esther McDowal Dec^d the following article as guardian from my daughter Jean Byrom to one pane of silver show Buckle and one puter dish & one spinning wheel valued at $6.25 cents by me.

Upton (X his mark) Byrom

Test Jno Kendrick

Settlement of the Estate of Esther McDowell Dec^d
Settlement of Esther McDowells Estate, January Term 1808
State of North Crolina, Mecklenburg County } We the undernamed subscribing Justices Court appointed to make a final settlement with the Ex^rs of Easter McDawal Dec^d having examined and admitted the following vouchers to the credit of the Ex^rs this 8^th Day of January 1808

$224.69 — The amount of the Estate

$134.74 — No. 1 Upton Byrum

$120.07 — No. 2 Allan Herron

6.25 — No. 3 Upton Byrum

261.04

10.00 — Commissions allowed the Exec^rs

271.04

43.24 — Deduct Interest on the Am^t of Notes returned for 4 years which is

$227.80

$224.69 — Amo^t of return brought down

227.80 — Amo^t of Credits

So that it appears the Execuotr has fully executed the Will of the Dec^d and have paid over and above the return made to Court to the Amo^t $3.11
Certified by us

Jno Kindrick J.P.
Geo. W. Smart J.P.

1780 Will of William McDowell

1804 Will of Esther McDowell

Family of "Pacolet" William McDowell

State of North Carolina, Burke County } Know all men by these presence that we John Brown James Holland and James McEntire are held and firmly bound unto Benjamin William Esquire Governor &C in the Sum of two hundred pounds to be paid to the said Benjamin Williams or his successor the Governor of the State to which payment well and truly to be made and done we bind ourselves one and each of our heirs Executors Administrators jointly severally and firmly by these presents sealed and dated this 31^st day of July Anno Dom. 1800.
The condition of the above obligation is such that whereas Letters of Administration hath been granted to John Brown on the Estate of Polly McDowell deceased, now in case the above bound are both well truly and faithfully __ on and upon all and singular the goods and chattells rights and credits of the said Polly McDowell deceased and a just and true inventory of said Estate return into the Clerks office within ninety days from the date hereof then this obligation to be void otherwise to remain in full form and virtue.

John Brown Seal
Jas Holland Seal
James McEntire Seal

Signed in presence of J. Erwin Clk

Administration Bond, Estate Polly McDowell Dec^d July 1800

1817 Will of William McDowell 1817 Rutherford County

John Patton

Family of Archibald McDowell

Janurary 1 1774

£10.18.5 – By Butter and Flavor

2.6.7 – interest alowd to August 14 1777

13.0.0 – Novr 8^th 1777 by £15.0.0 __ of which is Bad by Mr Archibald McDowell

0.11.5½ – by interest alowd on it to August 14 1777

25.16.5½

26.7.0 – Debt & interest

£0.9.5½ – Paid Mr Swain

N.B. £10.18.5 was paid by Wilson the remainder being £158.7 I paid.

Archibald McDowel

James Wilson

£20.19.4

2.2.11 Interest to Jan^y 75

5.7.8 – Interest to August 14 1777

£26.9.0

The Estate of M^r James Norris Deceased D^r
May 30^th 1769

£0.8.0 – To his assumption in Ballance of money sent by s^d Norris to pay Quit rents in S^o Carolina

0.8.6 – To weaving 17 yards of [Ton] Cloth a:6 pr y^d

0.11.1 – To weaving 19 yards of seven hundred a: 7 p^r y^d

£1.7.7

North Carolina Mecklenburg Ss } This day came Archebald McDowell before me Henry Downs one of his majesties Justices of the Peace and made Oath on the holy Evangelist of Almighty God that the above account of one pound seven shillings and seven pence is just & true as it stands stated. Sworn before me this 16^th day of August 1771.

Archibald McDowel

Henry Downs

1776 Will of James Wilson

TRANSCRIPTIONS

Inventory of Joseph McDowell

Inventory of Estate of Margaret McDowell

Sale of Estate of Margaret McDowell

Administration Letter for Nancy M. McDowell

1850 Will of James M. Smith

1806 Will of William Whitson

APPENDICES

Appendix I: Estate and Court Records for Hunting John