WHITFIELD COUNTY, GA - Wills  Hugh Burk, Sr.

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Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm

 

1852-1897, Whitfield Co, Ga. Will Book A,  p 26 and 27
(LDS microfilm rental # 490982)



23 Dec 1855  HUGH  BURK'S WILL, probated 10 Jan 1856
(after his death)


The pages before and after the will of Hugh Burk are
fairly legible….somehow his will must have been
written with ink that faded more than the others.  I
could read it on the copier lens and transcribed it
below. To get anything on paper, had to darken it a
lot, but even so, results aren't good. It might be
advantageous to send to the Court House and see if they
could get a better copy. (Hugh Burk's wife was Margaret
HUFFMAN, the son-in-law below was actually Prior
Anderson Smith, instead of Prier A. Smith)



pg 26



GEORGIA, WHITFIELD COUNTY. In the name of God, Amen. I,
HUGH BURK, of the county of Whitfield and the State of
Georgia., being of a sound mind and memory and
considering the uncertainty of this life frail and
transitory life do therefore make ordain publish and
declare this to be my last will and testament that is
to say, first after all my lawful debts are paid and
discharged the residue of my estate real and personal,
I give and bequeath and dispose of as follows to wit.
To my Sons-in-law, ALEXANDER ROGERS- one hundred
dollars, to T. H. ANDERSON- two hundred dollars, to E.
H. HOLLINSWORTH- two hundred dollars, PRIER A. SMITH -
two hundred dollars. To my Granddaughter ELIZA BURK,
daughter of H. H. BURK- two hundred dollars and one
bed. To H. H. BURK- one hundred acres of land, it being
this-north side of Lot 281 in the Eleventh District and
County and State aforesaid and the remainder of said
Lot to be sold at my death. To my wife, MARGARET - all
the household and kitchen furniture, together with the
Gray Mare and buggy and two cows and the remainder of
my Personal property to be sold at my death. Also the
half of my home place to my wife, MARGARET all of which
is to be hers during her life or widowhood and the
remainder of said place to be rented and the rest to be
sold yearly and the money loaned out. The land together
with all the property in her possession to be sold at
her death or expiration of her widowhood and after all
the above claims are satisfield the remainder to be
equally divided between my three sons. To wit, JOHN,
JOSEPH AND WILLIAM BURK, my above named sons-in-laws to
have one half of this amount willed them, paid to them
out of the proceeds of the first sale provided there be
a sufficient amount of all lawful claims are satisfied
and the remainder to be paid out of the proceeds of the
last named sale. 

---?   I Main constitute and appoint my son William,
and DICKINSON TALIFERRO to be executors of this my last
will and testament hereby revoking all former wills by
me made. In witness whereof I have herein ---
subscribed my name and affixed my seal. The twenty
third day of December in the year of our Lord one
thousand eight hundred and fiftY five. (seal)    HUGH
BURK (seal)

The above written instrument was subscribed by the said
HUGH BURK in our presence and acknowledged by him to
each of us and me at this same time published and
declared the above instrument, -------ded
(considered?) to be his last will  and testament and we
are at the testators request(?) and in his presence
having signed our names as witnesses, to wit   ----tten
apprate (?) our names, our respective places of
residence Perry E HAWKINS, Bradley Co., Tn. JOHN BURK, 
Bradley Co, Tn. John FAGALA, Whitfield Co, Ga.


(pg 27)



WHITFIELD CO, GEORGIA. Before me William Gordon
Ordinary for said County in vacation came WILLIAM BURK
and DICKINSON TALIAFERRO Executors of the last will and
testament of HUGH BURK late of said county, deceased
and two of the witnesses to said will to wit JOHN BURK
and JOHN FAGALA which witnesses being sworn depose and
say that they saw Hugh Burk the testator sign seal and
declare and publish this instrument were present at his
last will and testament and freely voluntarily and of
his own accord and without any confusion or influence
whatever that at the time of the execution of the said
will said testator was of sound and ----- mind and
memory that deponent signed said will as witness in the
presence of the testator and at his special instance
and request and in the presence of each other. Sworn to
subscribed before me this January 10, 1856. JOHN BURK, 
JOHN FAGALA William GORDON, Ordinary

WHITFIELD CO, GEORGIA We do solemly swear that the
writing contains the true last will and testatement of
HugH Burk deceased so far as we know or believe - that
will well and truly execute the same by paying first
its debts then the legacies contained in the said will
as far as his goods chattels will thereunto (?) extend
and the law charges us and that will make and perfect
inventory of such goods and chattles, so help us God.
WILLIAM BURK,   D. TALIAFERRO.   Sworn to and
subscribed before me this January 11th, 1856 William
GORDON, Ordinary