Orange County NcArchives Wills.....Burke, Thomas November 14, 1783 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Will Book Volume A, pages 283-285 Written: November 14, 1783 Recorded: Apr 1784 Testator: Thomas Burke [Will Book Volume A, page 283] Whereas there is a ballance still remaining of a the price of a plantation purchased of Robert Little amounting to about four hundred pounds which I have been obliged to withhold by reason of some unadjusted Public Claims and notice which I received of Notes drawn by the said Robert in favour of William Wylie & perhaps of Others, and which ware demanded of me as Administratar[sic], I recommend it to my Executors to to file a Bill in Chancery against all Parties concerned in Order to obtain the Sanction & Protection of that Court, buy a Dura for Exonerating my Estate from all the consiquences of such Claims, in paying the same Ballance under the Direction thereof As no other monies belonging to that Estate are in my hands, the Persons Interested must Pursue the assets of the said Robert in the hands of those who retain the same As a fund for the payment of the aforesaid ballance, I appoint a Debt due to me from the State of North Carolina for Expenses and attendance in Congress or so much thereof as may be necessary to be applied in Discharging thereof: and in case they should refuse, or neglect to pay the same which I cannot Presoom, I devise appoint and impower that my Executors sell a Plantation which I own on Little river, in Orange County, known by the name of Dunnegans; on Credit at their Discretion, & apply as much of Price thereof as is necessary for Discharging the said ballance. I request my Executors to cause my Debts to be Collected as Diligently & Speedily as Circumstances will Admit, and also to pay all such Just and equitable Claims as shall come against my Estate, from the fund which will Arise from the Collection [Will Book Volume A, page 284] of my debts. I give and Devise all my Lands to my Wife dureing her life or Widowhood, Provided that if my Daughter Mary, shall marry before she ar[r]ives at the age of Twenty one with the Consint and approbation of my Executors, or shall arrive at the age of Twenty one or, dureing her Mothers life or Widowhood, then my Will is that my said Wife and Daughter hold my said Lands as Tenants in Common dureing the Life or Widowhood of my said Wife and in case my said wife shall marrie then my Will is that she take one third of the said Lands in severalty, the reversion of which together with the Fee Simple in all my Lands I give and Devise to my said Daughter and her Heirs provided also that if my said Daughter should Die under age and without Issue living at the time of her Death, or should such issue die while under a Disability to Dispose of real Estate, or to Transmit the same by Lineal de[s]cent, then my Will is that my said Lands Remain to my said Wife dureing her Natural Life. I give and bequeath the following Negroes Peter, Trueman, Pompe, Joe Jack, Sam, James, Friday Abraham, Tom, Kate, Chritty, Marie, Flora, & Nell to my Wife until the marriage of herself or Daughter whichever shall first happen, or during her natural life in case the same shall determine before the happen- ing of either of the above Contingencies, and in case it shall so happen, Then I give all the said Negroes to my Daughter, and upon the marriage of either, then I will that they be Devided as follows, That is to say Peter, Kate, Nell, Trueman, Pomp, Joe, Friday, ["Joe" written again, erased] be and remain to my Wife during her Natural Life [Will Book Volume A, page 285] and after her Death to revert to my Daughter. The other Negroes to be and remain to my Daughter. All the rest and residue of my Estate I give & Devise equally between my wife and daughter - I would have it understood that upon the happening of all or any of the Contingencies above mentioned relatingly[sic] either to real or Personal Estate, or in any other event which might cast the same upon the heirs at law or next of Kin to me or my Daughter Provided it be before she is of Age to Dispose of the same That then, the Estates to my wife being first satisfied My Will is that all Estates and Interests hereby given or Devised shall remain to the Daughters of my Executors which shall be living, at the time of my Death And I nominate & appoint Willie Jones, & James Hogg Executors to this my last Will to whom also I devise and Commit the Guardianship & Tuition of my daughter untill she shall attaine to one & Twenty years of age. This is my Last Will & Testament which I have Executed this Fourteenth day of November one thousand Seven hundred and Eighty three Published and Declared before us Thomas Burke (seal) Jno Williams Alfred Moore Hillsborough Courthouse Orange County Is April term 1784 The Execution of the within Will was proved by the Oaths of The Honorable John Williams esquire, and ordered to be Recorded Test [?] Henderson Clk Co Additional Comments: Will Book Volume A, pages 283-285 Recorded Apr 1784 Thomas Burke was a medical doctor who served as Governor of North Carolina. He was born in 1747 in County Galway, Ireland, and died at his estate called Tyaquin on 2 Dec 1783. This transcription was taken from the will book, with clarifications taken from the original loose will. Example: name of "Chritty" was indistinct in the will book copy because the t's were not crossed, making it appear to say "Chrilly". Original is clearly "Chritty". Estate Papers comprise 199 pages and are found in folder "Burke, Thomas (1786)". James Hogg qualified as Executor. This estate is extensive - One inventory was taken in 1785 after the will was proved and a second inventory was taken in 1791. The 1791 version is 21 pages - many pages of detailed explanations, notes, bonds, loans, in-process business dealings, etc. Testator described as "Doctor Burke" He had 1,819 acres at four locations, one in Randolph County, half of an additional tract of 640 acres in Caswell County, jointly owned with Robert Dickens. Testator's widow Polley Burke married Major George Doherty, on 25 April 1785, per one of the copies of a report provided to Augt. Court 1793. This seems to result in the lands being sold, per the will. Estate papers contain numerous passing references to the slave Jack being hired and working for various people that are not transcribed here. William Comb is mentioned frequently. An entry implied that perhaps he was overseer of one of the plantations. Will Book Volume B, pages 61-62 mentions a Writ of Fieri Facias pertaining to this estate, mentions slaves Jack and Maria sold to Francis Child. [Estate Papers - Inventory Feb 1791] Inventory of Chattel Property belonging to the Estate of Thomas Burke Esquire deceased & the prices the various articles were sold at [several pages of sundry articles omitted] Negroes Peter, Sam, Truman, James, Pompey, Friday, Joe, Abraham, Jack, Tom, Kate, Maria, Nell, Chritty, Flora . . . The above fifteen negroes are all mentioned in Dr. Burke;s Will, but Sam and Tom had belong'd to Mr McKnight's Estate, and came into Dr. Burke's possession in the following manner - Mr. Alexr. Diach of Lor- -fold in Virginia , Executor of Will. Aitcheson late of that Place, one em= =ployed Dr. Burke to recover from Mr. McKnight's Estate a debt due to Mr. Aitcheson. Judgmt. was obtained and the above mentioned Negroes Sam and Tom, with others were levied on to satisfied [ink blot] Sam and Tom were purchased by Dr. Burke who promised [ink blot] Mr. Diack for them; but if the payment was not made good, the property was to remain unaltered -- This Purchase was made the 1st August 1783 a few months before Dr. Burke's death; see Dr. Burke's letter to Mr Diack dated 2d August 1783, returned to me by Mr. Diack, and now in my possession and files -- Mr. Burke was at Edenton in November 1783 and gave to Mr. Diack a Tobacco note of ___ John Prior for 50 Dollars and gave his own note for sixty nine pounds V. money in part payment Mr. Burke died in Dec 1783; soon after his death Mr. Diack demanded payment or a delivery of the Negroes; Circumstances as things were, and considering the high Price Dr. Burke had promised for the Negroes, Thought it best to give up the Negroes, and take back Mr. Burke's notes - James was given to Dr. Burke as a fee by William Clements the Horse their Dr. Burke being obliged to give half his value to Mr. James Williams for his fee, Henry Spears brought Suit for the said Negro James; and before the Superior Court, April Term 1786 proved that James was stolen from him by the said Clement, and obtained Judg= =ment accordingly ~~~~~~~~~ Nell was never in Dr. Burke's possession and remained with Mrs Freeman The Seven following Negroes were sold by Sheriff Nicholls the 26th May 1789 to satisfy a Judgment obtained by the next of kin of Robert Lytle Viz ~~~~~ Jack . . . . . . . . . . . £ 142 " " --- Maria . . . . . . . . . . 102 10 " --- Joe . . . . . . . . . . . 105 " " --- Chritty . . . . . . . . . . 63 " " --- Abraham . . . . . . . . . . 122 " " --- Friday . . . . . . . . . . 121 " " --- Pomp . . . . . . . . . . . 106 " " --- 767 10 " ~~~ See the Sheriff's Receipt ~~~ The four following Negroes were sold by the Sheriff in consequence of an Order of the County Court, in order to discharge the debts -- Augst Term 1789 See the Crose[?] 1789 October 3d Flora . . . Mr. Anderw Bruke . . . . £ 127 " " Peter . .£21 15/ } Kate . . 51 5 } Major George Doherty . . 123 1 Truman . .50 1 } N.B. Mr Burke gave his bond with Mr. Estes Security payable 3d April 1790 Major Doherty gave William Mebane security for payment as same time --- [Will Book Volume B, page 60] I hereby Bargain sell and convey to Thoms Burke two Negro men Slaves towit Jo & Jack the same on which an atteachment was levied at his Suit in and for the consideration of two hundred and Sixty Six pounds thirteen Shillings & four pence Specia part of a Sum paid my the said Thomas for one to Messrs Fine & Lott & Josiah Collins Merchants in Edenton Given under my hand and Seal this 4th day of October 1783 Witness Andrew Armstrong (seal) W M Davie