CHATHAM COUNTY, NC - WILLS - James Burns, 16 Jan 1838 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be 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 for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Paul Burns paburns@aeneas.net ==================================================================== COPIED BY PAUL BURNS 5/15/1999 FROM COPY OF WILL FURNISHED BY JUDY HOUSTON Last Will and Testament of James Burns, Dated 1-16-1838 Probated in Chatham Co., NC November Session 1845 In the name of God Amen, I, James Burns of the County of Chatham and State of North Carolina being of sound and perfect mind and memory. Blessed be God for the same, calling to mind that it is once appointed for all to die do this sixteenth day of January in the year of our Lord One Thousand eight hundred and thiry eight make and publish this my last will and testament in the following manner and form. First: I recommend my body to a decent burial and my soul to God who gave it. Second: I give to my present wife, (Mary Bradley) Mary Burns the following property, all of the household and ketchen furniture which she may have had on hand which she was possessed of when I married her and also all the property that she may legally obtain from henceforth and be in possession of at my death one tract of land whereon she now lives containing one hundred and sixty-three acres more or less, one negro woman Dinah one negro boy named Mike, one mare and colt eight of cattle and all the hogs which she may be possessed of and also the plantation tools. It however my said wife Mary Burns should contend for any of my property at home where I now live that is and ? of property which I may die possessed of except what I have herein named and bequeathed to hermy will and desire is in that extent that all my property which I may die possessed of at home and all the property she may be possessed of at my death be sold and the proceeds be equally divided among all my children who have not received theirfull share of my estate, and my aforesaid wife Mary Burns. Thirdly: I give my daughter Elizabeth Durham one hundred and twenty-five dollars, one horse saddle and bridle worth sixty-five dollars one cow and calf and one bed and furniture worth twenety-five dollars all of which she has received. Fourthly: I give and bequeath to my son Brantly Burns one hundred and twenty-five dollars, one horse saddle and bridle worth sixty-five dollars and in lieu of a bed and furniture and cow and calf he has received twenty-five dollars in money all of which property her has received. Fifthly: I give and bequeath to my son James Burns one hundred and twenty-five dollars one horse saddle bridle worth sixth-five dollars all of which he has received. Sixthly: I give and bequeath to my son Hiram Burns the track of land whereon he now lives containing three hundred and five acres more or leff valued at six hundred and ten dollars also one horse saddle bridle worth sixth-five dollars one bed and furniture one cow and calf all wrth twenty-five dollars all of which he has received my will and desire furhtermore is that after my decease he shalhave on hundred and twenty-five dollars over and above what my other children will have. Seventhly: I give and bequeath to my daughter Nancy Harmon one hundred and twenty-five dollars, one horse saddle and dridle worth sixty-five dollars, one cow and calf. and bed andfurniture worth twenty-fivedollars all of which she has received. Eightly: I give and bequeath to my son Bosie Manly Burns one negro man by the name of Peter who ran away from me A. D. 1822 and has since been in the possission of my said son B. Manley Burns (this part he has since confessed by letter) this said negro together with a bed furniture and one hundred andthirty-seven dollars is his full share which I intend him to have of my estate all of which he has received. Ninethly: I give and bequeath to my son Micajah Burns one hundred and twenty-five dollars, one horse and saddle and bridle, also ten dollars which he has received in lieu of a cow and calf the horse bridle and saddle worth sixty-five dollars and one bed and furniture worth fifteen dollars all of which he has received. Tenthly: I give and bequesth to my son John Calvin one hundred and twenty-five dollars one horse bridle and saddle worth sixty -five dollars in place of giving him a cow and a calf bed and furniture I gave him twenty five dollars in money all of which he has received.. Eleventhly: I give and bequath to my daughter Lavana H. Burns one horse bridle and saddle worth fifty dollars one bed and furniture also its my desire that she should have shall have one hundred and twenty- five dollars out of my estate after my decease that is one hundred and twenty-five dollars more than any other children shall have is less to pay to her in my life time. Twelfthly: I give and bequeath to my children Named Thomas Burns, Sarah Brooks and Elias Burns three negroes namely Kate Abram and Surry and horse bridle and saddle which I consider to be a full share of my estate including what I have given them heretofore. Lastly: I will that all of my just debts be paid and after that all the property which I have on hand at my death be sold and and credit if 12 months the amount of which sales together with all the monies I may have and all the drbts due me to be equally divided among my children, namely below to wit: Elizabeth Durham, Brantly Burns, Hiram Burns, Martin L. Burns, Micajah Burns and Lavonia H. Burns, John Calvin Burns, Nancy Harmon the property and the cash that I have advanced to my said children as heretofore expressed in this my last will and testament is to be deducted out of what may be coming to them on the settlement of my estate and should there be any one of them who has received more than their proportion part to pay it over to my executor for the benefit of my other children named above. I hereby nominate my son Micajah Burns and William Burns Sr. my executors. In witness whereof I have set my hand and affixed my seal to this my last will and testament the day and date above written, signed and sealed in presence of Witness: David Watson John W. Stedman James Burns (seal) Chatham Co.----November Session 1845 This certifies that the foregoing last will and testament of James Burns deceased was proven in the open court by the oath of David Watson a subscribing witness and ordered to be recorded whereupon Micajah Burns one of the executore therein named appeared in open court and was duly qualified. Test N. H. Stedman C. C. C. Record in Book of Wills, C, on page 184, Clerk of Superior Court's office, Chatham Co. N.C. NOTE James first wife and probably the mother of all thirteen of the children was Hanna Brantley.