Orange County NcArchives Wills.....Burns, Andrew May 15, 1834 ************************************************ 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: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 512-514 Written: May 15, 1834 Recorded: Nov 1837 Testator: Andrew Burns In the name of God, Amen, ~~ I Andrew Burns of the County of Orange and state of North Carolina being weak and infirm in body but of perfect mind, and mem -ory and calling to mind that it is appointed for all man kind once to die do make publish and constitute this my last will and Testament in Manner and form as follows ~~ viz I bequeath in the first place my Soul to God who gave it me and my body to be decently inte[r]red ~~ and all my Just and lawful debts to be paid ~~ Item 1st I give and bequeathe to my loving wife Martha Burns, two head of horses, two head of cattle of her own choice, one feather bed and furniture, her own Walnut chest ~~ The bed and chest to be disposed of in any manner that she may think proper after she is done with them ~~ Item 2nd I give and bequeathe to my eldest Son William Burns the tract of land lying on the south side of NewHope creek containing thirty four and one fourth acres ~ and Known by the name of the Blackwood tract, To him and his Heirs also one Milk Cow ~~ Item 3rd I give and bequeathe to my Son Samuel Burns one half of the tract of land I now live on (that is) the west half and adjoining the land of Alexdr. Craig and that this line should be run Commencing on David Strayhorns Line run[n]ing thence South to NewHope including the Buildings that are now on this land also one Milk Cow. ~~ Item 4th I give and bequeathe to my son Anderson Johnston Burns the Eastern half of the said tract of land I now live on adjoining the land of Wm. Robson & Mary Flintoff reclaiming one half of the inter -est of the orchard [ink blot "and"?] the western part of the land alrea -dy given to my son Saml ~~ also the privilege of, and a passage to my spring, which is on the said land that, I have given to Saml These privileges to be enjoyed so long as he the said Anderson may own the aforesaid land. And if ever and whenever the said Anderson may sell [page 2] or otherwise dispose of the aforesaid bequest of land, then the aforesaid interest in the Orchard and the aforesaid privilege of, and passage to the aforesaid spring, shall for ever cease and be null and void ~~ Also I give to my son Anderson one Young cow ~~ And further I give to my three above mentioned sons William Saml. and Anderson J. Burns each, one feather bed and furniture ~~ and each an equal interest in my threshing machine ~~ Item 5th I give and bequeathe to my daughter Margaret Mitchel Burns one Bedste[a]d Bed and furniture my own Walnut chest and one Milk Cow ~~ Item 6th I give and bequeathe to my daughter Mary Strain (wife of Alexdr. Strain) two Dollars in Money, and confirm in her all species of property that I have heretofore given her Item 7th I further bequeathe to my loving wife Martha her natural and widowed live is during her natural and widowed live[sic] an Estate in all my lands of every description including my dwelling as well as all the other out houses ~~ I further give to my said wife the use of all my house & kitchen furniture of every description including My loom, and clock ~~~~ ["and" x-out] during her life or widowhood ~~ and it is further my will that my daughter Margaret, shall have the privilege of living on the aforesaid tract of land with my wife as aforesaid during her single life ~~ And further it is my Will that after the decease of my Wife as aforesaid that all the Household & Kitchen Furniture as mentioned in the 7th Seventh Item of this will including the loom & clock, shall be sold at public sale, (as also the Horses) and the effects of this sale to be equally divided between my three above sons William, Samuel & Anderson J. Burns and my daughter, Margaret M. Burns ~~~ It is further my will that my stock of hogs & sheep should be used and inure to the use and benefit of my Wife and four last mentioned Children, ~~~~~~ as also my farming utensils ~~~~~~ [page 3] Item 8th I further will and set off my waggon to be sold in such a manner, as may be discretionary with my execu -tors and the money arising therefrom to be applied to the payments of my Just debts. And if there should remain any ballance after discharging my debts ~~ the residue to be equally divided between my wife and my four last mentioned children ~~~~ And lastly it is my will & desire that my two sons William & Samuel Burns be, and they are hereby appointed executors to this my last Will and Testament hereby revoking all other wills and Testaments by me made In Witness whereof I set my hand and seal. This 15th day of May 1834 ~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ } Signed sealed published and } Andrew Burns (seal) declared to be the last will } and Testament of Andrew Burns } in the presence of } C. W. Johnston } William Duskin } Jurant John Boroughs Wm & Saml Burns qualfd Exrs. [Will Book Volume E, page 512] In the name of God Amen I Andrew Burns of the County of Orange and State of North Carolina being Weak and infirm in body but of perfect mind and memory & calling to mind that it is appointed for all man kind once to die do make publish and Constitute this my last Will & Testament [Will Book Volume E, page 513] in man[n]er and form as follows (Viz) I bequeath in the first place my soul to God who gave it me and my body to be decently inter[r]ed ~~ and all my Just and lawful debts to be paid ~~~~~~~~~~ Item 1st I give and bequeath to my loving Wife Martha Burns two head of horses ~~ two head of Cattle of her own choice one feather bed and furniture her own Walnut chest the bed and chest to be disposed of in any manner that she may think proper after She is done with them Item 2nd I give and bequeath to my eldest Son William Burns the tract of land lying on the south side of New Hope Creek Containing thirty four and one fourth Acres ~ and Known by the name of the Blackwood tract to him and his Heirs also one Milk Cow ~~ Item 3rd I give and bequeath to my Son Samuel Burns One half of the tract of land I now live on (that is) the west half and adjoin[in]g the lands of Alexdr. Craig and that this line should be run Commencing on David Strayhorns line run[n]ing thence South to New Hope including the Buildings that are now on this land also one Milch Cow ~~ Item 4th I give and bequeath to my son Anderson Johnston Burns the Eastern half of the said tract of land I now live on adjoining the lands of Wm. Robson & Mary Flintoff reclaiming one half of the Interest of the orchard the western part of the land already given to my son Samuel also the privilege of and [a] passage to my spring which is on the said Land that I have given to Samuel these privileges to be enjoyed so long as he the said Anderson may own the aforesaid land. And if ever and whenever the said Anderson may sell or otherwise dispose of the aforesaid bequest of land then the aforesaid interest in the orchard and the aforesaid privilege of and passage to the aforesaid spring shall for ever Cease and be null and void ~~ also I give to my son Anderson one Young cow ~~ And further I give to my three above mentioned sons William Samuel and Anderson J. Burns each one feather bed & furniture and each an equal interest in my threshing machine ~~ Item 5th I give and bequeath to my daughter Margaret Mitchel Burns one Bedste[a]d Beding [orig: bed and] furniture my own Walnut chest and one Milch Cow Item 6th I give and bequeath to my daughter Mary Strain (wife of Alexd. Strain) two Dollars in Money and confirm in her all species of property that I have heretofore given her ~~~ Item 7th I further bequeath to my loving wife Martha her natural and widowed life is during her natural and widowed live[sic] an Estate in all my lands of every description including my dwelling as well as all the other out houses I further give to my said wife the use of all my house & kitchen furniture of every description including my loom and clock ~~~ during her life or Widowhood ~~ and it is further my will that my daughter Margaret Shall have the privilege of living on the aforesaid tract of land with my wife as aforesaid during her single life ~~ And further it is my Will that after the decease of my Wife as aforesaid that all [Will Book Volume E, page 514] the Household & Kitchen Furniture as mentioned in the 7th Seventh Item of this Will including the loom & clock, shall be sold at public sale (as also the Horses) and the effects of this sale to be equally divided between my three above sons William Saml. and Anderson J Burns and my daughter, Margaret M Burns ~~~ It is further my Will that my stock of hogs & sheep Should be used and inure to the use and benefit of my Wife and four last Mentioned Children as also my farming utensils Item 8th I further will and set off my waggon to be sold in such a manner as may be discretionary with my Executors and the money arising therefrom to be applied to the payments of my Just debts and if there should remain any balance after discharging my debts ~~ the residue to be equally divided between my Wife and my four last mentioned children ~~~ And lastly it is my will & desire that my two sons William & Samuel Burns be, and they are hereby appointed Executors to this my last Will and testament hereby revoking all other Wills and Testaments by me made In Witness whereof I set my hand ~~~~~ and seal this 15th day of May 1834 ~~~~~~~~ } Signed sealed published and } Andrew Burns (seal) declared to be the last will } and Testament of Andrew Burns } in the presence of } C W Johnston William Duskin John Boroughs Orange County November Term 1837 The Execution of the foregoing last Will and Testament of Andrew Burns decd. Was duly proved in Open Court by the Oaths C W John =ston & William Duskin the subscribing Witnesses thereto and ordered to be recorded At the Same time William Burns & Samuel Burns the Executors therein named appeared in open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 512-514 Recorded Nov 1837 No estate papers found.