Orange County NcArchives Wills.....Burnside, Robert January 9, 1804 ************************************************ 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 D, pages 170-172 Written: January 9, 1804 Recorded: May 1806 Testator: Robert Burnside Be it Remembered that I Robert Burnsides[sic] of Orange County and State of North Carolina being weak of body but of perfect mind and memory thanks be to God Calling to mind the mortality of my Body and knowing that it is appointed for all men once to die do make this my Last Will and Testament and as touching Such worldly estate wherewith it has pleased God to bless me in this Life I give demise and dispose of the same in the following Manner and form (viz) First it is my will that my funeral Expenses and all my just debts be first paid Item I give and bequeath unto my oldest son ["Benjamin" x-out] Benjamin Burnside forty acres of Land [ad]joining of James Thompson the north side of McGowens Creek in paying my son Robert ten pounds Item I give and bequeath unto my two sons John and James Burnsides the Remaining part of my Land to be Equelly ["between" x-out] devided between them Each of them paying my ["Item" erased] Daughter Hannah fifteen pounds apiece five pounds yearly Item I give and bequeath unto my Daughter Ruth five pounds Item I give and bequeath unto my Daughter Hannah one bed and bedding and a pine Chest I also give and bequeath unto my son John his mare and two Colts in paying my daughter Ann five pounds I also give and bequeath unto my son James my bay horse Item it is my will that after the former distribution be made that the Remainder part of my Estate if any, there should be Equelly devided among my Seven Children each Share and Share alike and further it is my will that in case my son John or James should depart this Life without issue or Lawfull heirs that then in Such Case the ["Surviving" x-out] ["Brother" x-out] [page 2] other brother his heirs and assigns Should inherit and posses[s] his Share of the Estate. and further it is my will that in Case my daughter Hannah Should depart this Life without issue or Lawful heir that her Share be devided Equelly between my other two daughters Share and Share alike I do Constitute make and ordain Joseph Thompson and Owen Lindly Sole Executors of this my Last Will and Testament and I do hereby utterly disalow Revoke and disannul all and Every other former testament wills Legacies bequeaths and Executors by me in any wises before named my Last will and testament in witness whereof I have hereunto Set my hand and Seal this ninth day of the first Month in the year of our Lord one thousand Eight hundred and fore his Sighned Sealed published Robert (X) Burnside (seal) by the Said Robert Burn mark side in the presants of us Will Maris James Lindly } Grace Lindly } aff Owen Lindly qualifd. Jos. Thompson enter Lined before Sighned [Will Book Volume D, page 170] Be it Remembered that I Robert Burnside of the County of Orange and State of North Carolina & State of North Caroli- na[sic] being Weak of Body but of perfect mind & memory [Will Book Volume D, page 171] thanks be to God Cal[l]ing to mind the mortality of my body and Knowing that it is appointed for all men once to die do make this my last Will and Testament and as Touching Such Worldly estate Wherewith it has pleased God to bless me in this life I give demise & Dispose of the same in the following Manner and form (viz) First it is my will that my funeral Expenses and all my Just debts be first paid ~~~~ Item I give and bequeath unto my eldest son Benjamin Burnside forty acres of Land Joining of James Thompson the North side of McGowens Creek in paying my son Robert ten pounds ~~~ Item I give and bequeath unto my two Sons John and James Burnsides the remaining part of my lands to be equally divided between them each of them pay -ing [my Daughter Hannah fifteen pounds] apiece five pounds yearly ~~~ Item I give and bequeath unto my Daughter Ruth five pounds ~~~ Item I give & bequeath unto my Daughter Hannah one bed and bedding & a pine Chest ~~~ I also give [and bequeath] unto my son John his mare & two Colts in paying my my[sic] Daughter Ann five pounds ~~~ I also give & bequeath unto my Son James my Bay Horse ~~~~ Item it is my will that after the former distribution be made that the remainder part of my estate if any there be should be equally divided among my seven Children each Share & Share alike ~~~~~~~~ And further it is my will that in case my son John or James should depart this life without issue or lawful heirs that then in such case the other brother his heirs and assigns Should inherit & possess his share of the estate and further it is my Will that in case my daughter Hannah should Depart this life without issue or lawful heir that her Share be divided equally between ["lawful heirs" x-out] my other two Daughters Share & Share alike ~~~ I do constitute make and ordain Joseph Thompson and Owen Lindley sole Executors [Will Book Volume D, page 172] of this my Last Will & Testament & I do hereby utterly revoke & disannull all and every other former Testament [wills Legacies] bequeaths & executors by me in any Wise before named [my Last will] & Testament in witness whereof I have hereunto Set [my hand] and seal this ninth day of the first Month in the year [of our] Lord one thousand eight Hundred and four Signed sealed published by the Said Robt. Burnside in the presence of us his William Marris } Robert (X) Burnside (seal) James Lindley } mark Gracy Lindly } Orange County May Term The Execution of the foregoing last Will and Testament [of] Robert Burnside Decd. was duly proved in open [court by] the Oath of James Lindly & Grace Lindly two of the [subscrib-] ing Witnesses thereto and ordered to be recorded ~~~ At [the same time] the executors therein named qualified accordingly Test J Taylor CC Additional Comments: Will Book Volume D, pages 170-172 Recorded May 1806 Testator's surname is written both "Burnside" and "Burnsides" Estate Papers comprise six pages and are found in folder "Burnside, Robert (1806)". Contains report of estate sale. No family history found.