Wills:  Will of George Burgess, (1867) Howard County, Maryland

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Last Will and Testament of George Burgess of Howard Co., dated 27 July 1867

Note: George Burgess was the husband of Elizabeth Earlougher, daughter of Michael and 
Anne Astatia.

Source: Wills, Liber TBH, No. 2, folio 88.- 96. Dated July 27, 1867. George Burgess. 
Document found at Maryland State Archives, microfilm CR 32,993. Original Liber found 
at the Howard County Courthouse.

In the name of God Amen I George Burgess of Ellicott City and Howard County do make 
publish and declare this my last will and Testament in manner and form following that is to 
say

First Item ~ I give and devise and bequeath to my daughters Elizabeth Burgess and Mary 
Burgess and the survivor of them and the heirs and assigns of Such Survivors all the 
following described piece or parcel of land situated and lying in Howard County Viz 
Beginning for the same on the south side of a road laid out twenty feet wide parallel to the 
Frederick Turnpike at the north west corner of Lot number twelve upon a plat map of my 
lands there situate and running thence bounding on Lot number twelve South twenty one 
degrees west one hundred and forty and an half feet to the out line of the whole land 
purchased by me from Baseman and others then binding on said out line North sixty six 
degrees and thirty minutes west one hundred and ninety two and an half feet, then north 
twenty one degrees east one hundred and forty and an half feet to the aforesaid road 
twenty feet wide then binding on said road South Sixty Six degrees and thirty minutes 
East one hundred and ninety two and an half feet to the place of beginning: being 
designated as Lot number thirteen upon a plat of my lands there situate with a right of way 
over Lot number seven of my lands until some other way shall be laid out: and also the 
following described Lot of land being designated upon the plat map of my lands by the 
number Ten situate and lying in Howard County Vis Beginning for the same at the north 
east corner of Lot number nine on the south side of the Baltimore and Frederick Turnpike 
and running and binding thereon, South fifty six degrees and thirty minutes East one 
hundred and fifty eight feet to the beginning of that part of a tract of land called "Mount 
Misery" conveyed by Baseman and others to me by and duly recorded in Liber W.W.W. 
No 20 folio 304 etc. and running and binding on the finish line of said land south thirty 
seven degrees west one hundred and fifty feet to a road laid out twenty feet wide parallel 
to the Frederick Turnpike and bounding thereon, North sixty six and an half degrees west 
one hundred and fifteen feet to lot number nine, then binding on said lot number nine 
North twenty one degrees East one hundred and forty nine feet to the place of beginning. 
And also the following described piece or parcel of land designated upon the plat of my 
lands by the number sixty two which I recently acquired by deed from Samuel Ellicott 
which is particularly described and designated by No 621 in the deed of partition of 
George Ellicott Estate duly recorded in Anne Arundel County in Liber W.S.G. No 21 folio 
175 etc.

Second Item ~ I give devise and bequeath to my daughter Rebecca her heirs and assigns 
forever all the following described piece or parcel of land situated and lying in Howard 
County designated upon the plat of my lands by the number Two Viz Beginning for the 
same at the end of the first line of lot number one of my lands and running and binding on 
the Frederick Turnpike Road South seventy two and three quarters degrees East four 
perches to the Mill ___ lot distinguished on the plat map of my lands by the number three 
then binding on said Lot number three the two following courses and distances Viz North 
seven degrees East eight perches to a point on the South Side of the branch North fifty 
five degrees west three perches to Lot number one then finding on said Lot reversely 
south sixteen and an half degrees west nine and an half perches to the place of beginning 
with all its appurtenances 

Third Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns 
forever all the following described piece or parcel of ground situate and lying in Howard 
County designated upon the plat of my lands by the Number three Viz Beginning for the 
same on the north side of the Frederick Turnpike Road at the South East corner of Lot 
number Two and running thence binding on the north side of said Turnpike South Sixty 
two and three quarters degrees East fourteen and an half perches to Lot number Five then 
binding on that Lot the three following courses Viz North twenty seven and a quarter 
degree East two and eight tenths perches to a stake on the south side of the branch, south 
seventy degrees East two and eighty five hundredths perches, south sixty one degrees 
west three and a quarter perches to the north side of the Frederick Turnpike at a point 
three and two tenths perches south sixty two and three quarters degrees East from the end 
of the south sixty two and three quarters degrees East fourteen and an half perches line of 
whole land then binding on the Frederick Turnpike Road south sixty two degrees East two 
and three quarters perches to a point seven twentieths of a perch South Eighteen degrees 
west from the division wall between the mill and wheelwright shop and the Smith Shop 
then through the center of said division wall and binding on Lot number six of my lands 
North eighteen degrees and fifteen minutes East forty feet to the rear wall of said Shops 
then still north eighteen degrees and fifteen minutes East twenty feet then north fourteen 
and an fourth degrees west sixty one feet to a corner of the wall of the fore-bay then north 
nine degrees west two perches then north thirty degrees East one and fourtenths perches 
to a corner of Lot number Four, then binding thereon the five following courses Viz North 
seventy degrees west thirty three feet North Eighty nine and a quarter degrees west one 
hundred and thirteen feet to a point nine feet south seven degrees west from the south 
eastern corner of the Stone Cottage building North Eighty Eight degrees west ninety and 
three quarters feet to an Iron pin now fixed in a rock, North forty five minutes west 
seventy six feet then north thirty five degrees and fifteen minutes west seven and eight 
tenths perches to a stake on the north side of the branch in the North Sixteen degrees and 
thirty minutes East fifteen and an half perches line of Lot number one and at the end of 
three and a quarter perches on said line then binding on Lot number one South Sixteen 
and an half degrees west fifty four feet to Lot number Two ad distinguished on the plat of 
my lands then binding on that Lot revesely the two following courses and distances Viz 
South fifty five degrees East three perches south seven degrees west eight perches to the 
place of beginning Subject to the use of the dairy upon said lot by my daughters Elizabeth 
and Mary during their natural lives, with my said son Samuel and his legal representatives 

Fourth Item ~ I give devise and bequeath to my son George Burgess his heirs and assigns 
All the two following described pieces or parcels of land situate and lying in Howard 
County designated upon the plat of my lands by the numbers five and six Viz Beginning 
for Lot number Five at a point on the north side of the Frederick Turnpike Road at the end 
of the first line of Lot number Three then binding thereon the three following courses 
North twenty seven and a quarter degrees east two and eight tenth perches to a stake, 
south seventy degrees East two and eighty five hundredth perches South twenty one 
degrees west two and three quarters perches to the Frederick Turnpike then binding 
thereon North Sixty two and three quarters degrees west three and two tenths perches to 
the place of beginning, and beginning for Lot Number Six at a point on the north side of 
the Frederick Turnpike Road at a corner of Lot number three it being seven twentieths of 
a perch south eighteen degrees west from the south end of the partition wall between the 
Smith Shop on the lot now being described and the Mill and wheelwright shop on the lot 
adjoining then binding on the Frederick Turnpike Road south sixty five degrees East thirty 
feet to Tysons Lot being lot No 67 of the division of George Ellicotts Estate in 1836 then 
binding on that lot North fourteen degrees and fifteen minutes East fifty feet to a corner of 
the second part of Lot number Four then binding thereon North seventy degrees west 
twenty six feet to a corner of lot number three binding on Lot number three and through 
the center of the partition wall above mentioned South Eighteen degrees and fifteen 
minutes west Sixty feet to the place of beginning Subject however to the Mill and Mill Lot 
enjoying all the water of the branch flowing through Lot number six and I further give and 
bequeath to my said son George all the tools and fixtures and materials in the Smith Shop 
erected on said lot number Six therein continued at the time of my death 

Fifth Item ~ I give devise and bequeath to my daughters Elizabeth and May and the 
survivors of them and the heirs and assigns of such survivor forever the Homestead upon 
which I now reside being distinguished upon the plat of my lands by the number four 
described as follows Viz Beginning for the first part of said lot at a stone a corner of the 
parcel of land that was conveyed by Henry Miller to William Burgess by deed dated on or 
about the seventh day of September AD 1812, and at the end of the north thirty degrees 
East one and four tenths perches line of lot number three of my lands and running thence 
binding on said lot number three the five following courses and distances Viz North 
seventy degrees west thirty three feet north eighty nine degrees and fifteen minutes west 
one hundred and thirteen feet to a point nine feet south seven degrees west from the south 
east corner of the Home Cottage building erected on the lot new being described, north 
eighty eight degrees west ninety and three quarter feet to an iron pin now fixed in a rock 
north forty five minutes west seventy six feet, North thirty five degrees and fifteen minutes 
west seven and eight tenths perches to a stake on the north side of the branch at the end of 
three and a quarter perches on the north sixteen and an half degrees East fifteen and an 
half perches line of Lot number one of my lands then binding on lot number one North 
Sixteen degrees and thirty minutes East three and a quarter perches to the line of a tract of 
land called "Rebecca's Lot" as owned by the late Ezra Fell then binding on that land East 
twenty three perches to a Stone at the beginning of the West twenty seven and an half 
perches line of two cares and forty five square perches of land described in the 
aforementioned deed from Henry Miller to William Burgess, then binding on the land that 
I recently purchased from Samuel Ellicott, South seventeen degrees and thirty minutes 
west two hundred and thirty three feet to the place of beginning and beginning for the 
second and last part of lot number Four of my lands at the place of beginning of the first 
part of Lot Number Four it being also a corner of Lot number three of my lands and 
running thence binding on said Lot number three reversely the three following courses and 
distances Viz South thirty degrees west one and four tenths perches, south nine degrees 
East thirty three feet to the corner of the Stone wall at the fore bay of the mill south 
fourteen and a quarter degrees East Sixty feet to a Stake on the north side of a branch a 
corner of Lots numbers three and six of my lands then binding on Lot number Six South 
Seventy degrees East twenty Six feet to Tysons Lot it being lot number sixty seven of the 
division of George Ellicott and others in the year AD 1836 of record in Anne Arundel 
County in Liber WTG No 21 folio 175 etc. then binding thereon North fourteen degrees 
and fifteen minutes East seventy two feet to a road land out twenty feet wide called upon 
Ellicotts division plat Mercer Street, then binding on said road or Street North forty nine 
and a quarter degrees west Seventy three feet to the place of beginning and it is my will 
and desire that my said daughters Elizabeth and Mary shall give their Sister Rebecca a 
home with them in the dwelling house upon the land above described as long as she shall 
live 

Sixth Item ~ I give devise and bequeath to my son Leander Burgess his heirs and assigns 
forever in fee simple all the following described piece or parcel of land it being lot number 
one upon the plat of my lands and all its appurtenances Viz Beginning for the same on the 
north side of the Frederick Turnpike at the south East corner of a parcel of land belonging 
to Samuel Ratcliffe and running and bounding on said Turnpike Road south seventy three 
and an half degrees East five and a half perches to lot number two of my lands then 
binding thereon, and on lots number three and Four of my lands North sixteen degrees and 
thirty minutes East fifteen and an half perches to that part of a tract of land called 
Rebecca's Lot lately owned by Ezra Fell then binding thereon west four and an half 
perches to a bounded black oak three standing at the end of the west twenty seven and an 
half perches line of two acres and forty five square perches of land described in a deed 
from Henry Miller to William Burgess dated on or about the seventh day of September in 
the year AD 1812 then binding on the land owned by Samuel Ratcliffe South twenty one 
degrees west fourteen perches to the place of beginning.

Seventh Item ~ I give devise and bequeath to my sons George W. Burgess and Leander 
Burgess their heirs and assigns forever in fee simple as tenants in common all the two 
following described pieces or parcels of land Viz. Beginning for the first of said parcels it 
being the Lots numbers Sixty five and Sixty Six upon the plat of my lands it being also 
Lots numbers Sixty five and Sixty six in the division of the Ellicotts Estate made in the 
year 1836 of record in Anne Arundel County in Liber W.S.G. No 21 folio 175 etc. and it 
is my will and desire that my son Samuel shall release and surrender unto my said sons 
George W. and Leander all right title and interest that he has in and to the above described 
Lots of ground which he acquired by Virtue of a deed from D S Armstrong to him and my 
said sons George and Leander date the ___ day of May AD 1865 and recorded among the 
land records of Howard County in Liber WHW No 16 folio 203 etc. and beginning for the 
other of said parcels being Lot number seven upon the plat of my lands on the South side 
of the Frederick Turnpike at the end of a line drawn three and eight tenths perches south 
twenty one degrees and thirty minutes west from the Center of the partition wall between 
the wheelwright shop and Smith Shop and running thence binding on said Turnpike North 
Sixty six degrees and thirty minutes west forty six feet to the end of the north twenty one 
degrees East three hundred and nine and one half feet line of the whole lot or parcel of 
land conveyed to me by Rachel W. Baseman and others by deed dated the fourteenth day 
of Mary AD 1859 of which the land now being described is a part then binding on said line 
reversely south twenty one degrees west one hundred and forty nine feet at a road or 
street laid out twenty feet wide laid out through said land on Basemans plat and parallel to 
the Frederick Turnpike then bounding thereon south sixty six degrees and thirty minutes 
East one hundred and twelve feet then by a straight line drawn parallel to the second line 
of the lot now being described North twenty one degrees East one hundred and forty nine 
feet to the Frederick Turnpike then binding thereon North sixty six degrees and thirty 
minutes west sixty six feet to the place of beginning Subject to a right of way over said 
land last described to my daughters Elizabeth and Mary to and from their land designated 
upon the plat of my lands by the number thirteen until such time as then shall be some 
other way of access to the Frederick Turnpike laid out provided however that they release 
to their brother Samuel all claim they have to Lot number three

Eighth Item ~ I give devise and bequeath to my son George W. Burgess his heirs and 
assigns forever in fee simple all the following described piece or parcel of land designated 
upon the plat of my lands by the number eight Viz. Beginning for the same on the south 
side of the Frederick Turnpike at the north East corner of Lot number seven of my lands 
and running thence binding on the Turnpike Road south sixty six and an half degrees East 
thirty feet to Lot number nine and running thence binding thereon and parallel to Lot 
number seven south twenty one degrees west one hundred and forty nine feet to a road or 
street laid out twenty feet wide then binding thereon and parallel to the Frederick 
Turnpike North Sixty Six degrees and thirty minutes west thirty feet to Lot number seven 
of my lands then binding thereon North twenty one degrees west one hundred and forty 
nine feet to the place of beginning

Ninth Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns 
forever in fee simple all the following described piece or parcel of ground being lot 
number nine upon the plat of my lands Viz. Beginning for the same on the South Side of 
the Frederick Turnpike Road and running thence binding on the Turnpike Road, South 
Sixty Six and an half degrees East thirty feet, then parallel to Lot number Eight, South 
twenty one degrees west one hundred and forty nine feet to a road or street laid out 
twenty feet wide parallel to the Frederick Turnpike Road then binding thereon North Sixty 
Six and an half degree west thirty feet to Lot number Eight of my lands then binding 
thereon North twenty one degrees East one hundred and forty nine feet to the place of 
beginning

Tenth Item ~ I give devise and bequeath to my son William Burgess his heirs and assigns 
forever all the following described piece or parcel of land lying and being in Howard 
County designated upon the plat of my lands by the number Twelve and it appurtenances 
Viz. Beginning for the same at a point on the South Side of a road laid out twenty feet 
wide at the north west corner of Lot number Eleven of my lands it being forty nine and an 
half feet from the North East corner of said Lot number Eleven and running thence 
binding thereon South thirty and three quarters degrees west one hundred and forty two 
and three quarter feet to the out line of the whole ground conveyed to me by Baseman and 
others then binding on said out line North Sixty Six degrees and thirty minutes west 
twenty seven and an half feet then North twenty one degrees East one hundred and forty 
feet and six inches to the aforesaid road twenty feet wide and at a point forty nine and an 
half feet North Sixty Six and an half degrees west from the place of beginning and then 
binding on said road South Sixty Six degrees and thirty minutes East forty nine and an half 
feet to the place of beginning

Eleventh Item ~ I give devise and bequeath to my son John Burgess his heirs and assigns 
forever all the following described piece or parcel of land situate and lying in Howard 
County designated upon the plat of my lands by the number Eleven with all it 
appurtenances Viz. Beginning for the same at the end of the Second line of the land 
conveyed to me by Baseman and others and on the south side of a Road laid out twenty 
feet wide parallel to the Frederick Turnpike, and running thence binding on the third line 
of said land South thirty nine degrees and fifteen minutes west one hundred and forty five 
feet then binding on the fourth line of said land North Sixty Six degrees and thirty minutes 
west twenty Seven and an half feet to Lot number Twelve then binding on Lot number 
Twelve, North thirty and three quarter degrees East one hundred and forty two feet and 
nine inches to the aforesaid road twenty feet wide then finding thereon South Sixty Six 
and thirty minutes East forty nine feet and six inches to the place of beginning

Twelfth Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns 
forever the twenty five acres of land in Howard that I acquired by a deed from Doctor 
Arthur Pue duly recorded in Liber WWW No. 23 folio 191 etc., provides however that he 
shall pay to his sisters Mary and Elizabeth the sum of one thousand dollars to be paid in 
five years in annual installments of two hundred dollars and that he shall reside south of 
them and assist them in their support. 

Thirteenth Item ~ I give and bequeath to my daughter Elizabeth Burgess and her legal 
representation the amount of the mortgage due me by Sheriff Burgess.

Fourteenth Item ~ I give and bequeath to my daughter Susan I. (or J.) Conner the sum of 
fifty dollars.

15th Item ~ and bequeath to my son Thomas Burgess the sum of fifty dollars. Sixteenth 
Item ~ I give and bequeath to my daughter Minerva Ways the sum of fifty dollars.

Seventeenth Item ~ I give and bequeath to my son George Burgess my mare "Luck" and 
my colt that was foaled on the second of July eighteen hundred and sixty six that was sired 
by the stallion Andrew Johnson.

Eighteenth Item ~ I give and bequeath to my son Samuel Burgess my fast mare that was 
stolen last winter and which I followed to Gettysburg and recovered.

Nineteenth Item ~ I give and bequeath to my daughters Mary and Elizabeth all my 
household furniture and all my horses except those herein before bequeathed and my 
cows, hogs, chickens, and farming utensils.

Twentieth Item ~ I give and bequeath to my son John Burgess the amount of his 
promissory note now due from him to me which is now held by my daughter Mary.

Twenty first Item ~ I give and bequeath to my daughters Mary and Elizabeth and surplus 
money that there may be after the payment of the legacies herein contained after payment 
of my debts. 

It is my wish and desire that my son Samuel and George whom I have devised the Mill and 
Wheelwright and Smiths shops shall continue to carry on the business that I have there 
conducted. 

And lastly I do hereby constitute and appoint my said son Samuel to be the executor of 
this my last will and testament hereby revoking and annulling all other and former wills by 
me heretofore made, ratifying and confirming this and none other to be my last will and 
testament. In witness whereof I have hereunto put my hand and affixed my seal on this 
twenty seventh day of July in the year of our Lord one thousand eight hundred and sixty 
seven.

Signed sealed published and declared by The within named testator George Burgess And 
as for his last will and testament in the Presence Of us who at his request in his presence 
And in the presence of each other have hereto Subscribed our names as witnesses thereto 
The words "then binding thereon" having been ___ in the 7th page Between words 
"Turnpike and south in the 9th line from the bottom of the "in the 12th line of the 8th page 
the words and an half having been ___ between the words six and degrees, and in the 16th 
line of the 9th page the words forty nine and an half feet having been ___ between the 
words "point" and "North"          George Burgess

Thomas McCrea Jr.
John Oldfield
W H Dawson

Howard County Sct:
The 7th day of January 1868 came Thomas McCrea Jr. and W H Dawson two of the 
subscribing witnesses to the aforegoing last will and Testament of George Burgess Sr. 
deceased and made oath on the Holy Evangely of Almighty God that they did see the 
testator herein named sign and seal this will that you heard him publish pronounce and 
declare the same to be his last will and testament that at the time of his so doing he was to 
the best of their apprehension of sound and disposing mind memory and understanding, 
and that they together with John Oldfield the other subscribing witness respectively 
subscribed their names as witness to this will in the presence and at the request of the 
testator and all in the presence of each other.
Test 
Benj H Dorsey 
Register of Wills for Howard County