Will of David Burnes, Prince George's County, MD (1762) File contributed for use in USGenWeb Archives by Barb Price. BRockCatt@cs.com USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. _________________________________________________________________________ "David bought the first parcel of land belonging to the Burnes family of Prince George's County, Maryland, on November 3, 1721. The deed was recorded March 28, 1722. This tract, called "Elinor," contained 70 acres and was purchased from John Allison (also recorded as Ellison) who had bought it March 25, 1719. The record of sale to Mr. Allison called for land only, with no mention made of premises or imprevements of any sort, but when David 1st purchased it two years later, the deed recites "Dwelling houses, tenement houses, tobacco houses, buildings, gardens, etc." As the City of Washington is now laid out, this tract was bounded by 6th Street and Massachusetts Avenue, N.W., on its North East corner, running westerly next to a point just West of Jackson Place and Pennsylvania Avenue, N.W., then in an easterly direction to F and 6th Streets, then North on 6th Street to the beginning at 6th Street and Massachusetts Avenue, N.W. This then establishes the age of the old Burnes house at 10-th Street above G Street, N.W. It also explains why the family graveyard was located on H Street near 10th Street, N.W. The dimensions of this house have been given as 20' x 16', and the graveyard as 30' x 30'. Here dwelt David 1st with his wife Ann, nee Fleming, their son, James 1st and Ann's son, John Fleming, for she was a widow when she married David. The extreme western part of Elinor included the ground on which part of the White House now stands, and also all of its southern grounds. The old State, War and Navy Building, and most of the Treasury Building, are also on this tract." >From "Records of The Columbia Historical Society of Washington, DC 1948-1950, Vol. 50," Edited by H. Paul Caemmerer, pgs. 103-104 Will of David Burnes I In the Name of God Amen I David Burnes of Prince Georges County in the province of Maryland Planter being Sick of Body but of perfect mind and memory thanks to Almighty God for the same and knowing that its appointed for all men once he did do make and ordain this my last will and testament and first of all I recommend my Soul to God who gave my body to the Earth to be buried in a decent and Christian manner at the Discretion of my Executors and for what temporary Worldly Estate it hath pleased God to Bestow me with I Give Bequeath and Dispose of the same in manner and form following viz: Imprimus I Give and bequeath unto John Fleming my Son in Law to him his heirs and assignees half of a Tract of Land called the Hensley lying in this County and purchased by me of John Banks to be equally divided between him and my Son James Burnes but so that after division my said Son James Burnes to have his choice of which hundred acres he thinks proper there being two hundred in the Tract I Give and bequeath likewise to the said John Fleming two cows and two calves. Item I Give and bequeath unto my dearly beloved Wife Ann Burnes the Plantation whereon I do at present reside and Dwell with all the Land which to me belongs Bordering and adjoining to the said Plantation to be possessed and enjoyed by her during her Natural life I likewise give and bequeath unto my said wife one third part of all my Goods Wares Slaves ready Money debts due me and Chattles with all her wearing apparel whether wollon or Linnen Rings and Ornaments to her and assigns for ever. Item I Give and bequeath Unto my well beloved Son James Burnes the Plantation given to my Wife during her Natural life Immediately from and after her Death to him his heirs and assigns forever together with all the rest of my Estate whether Real or Personal Lands Goods and Chattles by him and them freely to be possessed and enjoyed forever not before given and bequeathed. Item I make Constitute and Ordain my Dearly beloved Wife Ann Burnes and my well beloved Son James Burnes Executors of this my last Will and Testament and Utterly revoke and Disannule all former Wills and Legacies Ratifying this an no other to be my last Will and Testament In Witness whoever I have hereunto put my hand affixed my Seal this fifth Day of October in the year of our Lord God One thousand Seven hundred thirty and Seven. Signed Sealed Pronounced David DB Burnes (Seal) published and declared in (his mark) presence of us the Subscribers John Allison Thomas Stump As I am Appointed Joint Executor with my Terence TD Downing my Son in Husbands Will The Task being (his mark) unfit for my Years I have no Desire to concern with it and desire that Letters my be Granted in my Sons Name To Mr. George Scott, Deputy Your very Humble Servant Comry Prince Georges County Ann Burnes Oct. 26th 1762 Prince Georges County. On the 20th Day of October Anno Domini 1762 came John Allison and made oath on the Holy Evangelist of Almighty God that he did see David Burnes late of said County Planter Seal declare and publish the above Instrument of Writing to be his last Will land Testament and that at the time of so doing he was to the best of this Deponents Judgement of sound memory and of a Disposing mind and that in his presence and at his request he and the other two Witnesses Thomas Stump and Terence Downing did subscribe the same. Sworn before me day and year aforesaid George Scott Deputy County Prince Georges County