Orange County NcArchives Wills.....Burton, Culbirth May 28, 1821 ************************************************ 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 601-602 Written: May 28, 1821 Recorded: Aug 1821 Testator: Culbirth Burton In the name of God Amen I Culbirth Burton of Orange County and State of North Carolina being weak in body but of perfect mind and Memory thanks be to almighty God for the same and calling unto mind the mortallity of my Body and knowing that it is appointed unto all men once to die do make and Ordain this my last Will and Testament that is to say, principally and first of all I Give and recommend my soul into the hands of almighty God that gave it and my body to the earth to be buried in a decent and Christian manner at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it has pleased God to bless me with in this life I Give demise and dispose of the same in the following manner ------ First it is my desire that my beloved wife Christian Burton should be dureing her life to be possest with all my personnal property wherein I am now possessed with the Houses plantation and the track[sic] of land I now lives[sic] on with all the household goods with the stock of Horses cattle and hogs & Sheep dureing her life with the benefit of all my negroes to wit Natt Ball and Ebung[Edmund] & Jane with her child and Tilda and the old woman Jane 2nd it is my will that my son John Burton and my youngest son Samuel Burton Should have a good Horse each of them when called upon by their mothers consent 3rd I desire that all my lands and tenements be equealy devided Between my four sons Williamson Burton William Burton John Burton and Samuel Burton after their mother's decease 4th I desire also ["desire"? x-out] that my negroes with all my stock of horses & waggon Still & Black Smith tools with my stock of cattle hogs & sheep with all household furniture & goods be equeally devided among my four sons after my three sons William John & Samuel receives a competent share with their Brother Williamson Burton after their mothers deceast I do hereby Ordain & appoint my Beloved wife Christian Burton and my son Williamson Burton and my son John Burton as sole Executrix[sic] of this my last Will and Testament and I do hereby utterly disalow revoke and disannul all and every other former Wills and Testaments legacies bequeaths and Executors by me in any wise before named willed and bequeathed ratifying and confirming this and no other to be my last Will & Testament turn over [page 2] In witness I have hereunto set my hand and Seal this 28th day of May 1821 one thousand eight hundred and twenty one his Signed Sealed published pronounced } Culbirth (X) Burton (seal) and declared by the said Culbirth Burton } mark as his last will & Testament } in the presence of us all ~~ } John Link Jurat Elizabeth Horner John Burton Williamson Burton } Henry Bunch John Burton } Exrs. qualified [Will Book Volume D, page 601] In the name of God Amen I Culbirth Burton of Orange County & State of North Carolina being weak in body but of sound mind & memory thanks be to Almighty God for the same & calling unto mind the mortality of my body & knowing that it is appointed unto all men once to die do make & ordain this my last Will & testament that is to say principally & first of all I give & recommend my soul into the hands of Almighty God that gave it & my body to the Earth to be buried in a decent & Christian manner at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it has pleased God to bless me with in this life I give, demise & dispose of the same in the following manner ~~ First It is my desire that my beloved Wife Christian Burton should be during her life to be possessed with all my personal property wherein I am now possessed with the Houses, plantation & the tract of Land I now live on with all the household goods with the stock of Horses, Cattle & Hogs & Sheep during her life with the benefit of all my negroes, to wit, Nat, Ball & EBung[Edmund] & Jane with her child and Tilda & the old [Will Book Volume D, page 602] woman Jane 2nd it is my will that my son John Burton & my youn =gest Son Samuel Burton should have a good Horse each of them when called upon by their mothers consent 3rd I desire that all my Lands & tenements be equally divided between my four sons Williamson Burton, William Burton John Burton & Samuel Burton after their mother's decease 4th I desire also that my negroes with all my Stock of horses & waggon Still & blacksmith tools with my stock of Cattle hogs & sheep with all household furniture & goods be equally divided among my four sons after my three sons William John & Saml. receives a competent share with their brother Williamson Burton after their mothers decease. I do hereby ordain & appoint my beloved wife Christian Burton & my son Williamson Burton & my son John Burton as sole Executrix[sic] of this my last Will & testament & I do hereby utterly disallow, revoke & disannull all & every other former Wills & testaments Legacies bequests & Executors by me in any wise before named Willed & bequeathed ratifying & confirming this & no other to be my last Will & Testament In witness I have hereunto set my hand & seal this 28th day of May 1821 one thousand Eight hundred & twenty one Signed, Sealed published pronounced & Culbirth Burton (seal) declared by the sd. Culbirth Burton as his last Will & testament in the presence of us all John Link Jurat Elizabeth Horner John Burton Henry Bunch Orange County August Term 1821 The Execution of the foregoing last Will & testament of Culbrith Burton was duly proved in open Court by the said John Link a subscribing witness thereto & ordered to be recorded At the same time Williamson Burton & John Burton two Executors named therein & qualified accordingly Test [Estate Papers, List 1] A list of the negroes belonging to the Estate of Cuthbirt[sic] Burton Decd. & the amount of the sale of the same mad[e] by the order of the Court of Pleas & Quarter Sessions for the County of Orange & State of North Carolina August 24th 1830 Jane an old woman No Bidder Nat Williamson Burton $ 357.75 Jane & Child Alexr. Cheek 360.75 Major Alexr. Cheek 125.00 Anderson Mark Picket 169.55 Daniel Williamson Burton 143.25 Edmond Guy Huckeby 410.25 Mary Mark Pickett 152.75 Julia Williamson Burton 150.75 Ballord Williamson Burton 400.25 __________ 2264.30 Which is submitted By Order Tho. J McFaddis Commissioner August [Estate Papers, List 2] Saml. J. Clayton & Christian Burton & others Nat J. D.[P?] Sneed 54 cash Ballerd Do 56 cash Edmund Do 170 Credit 6 mo Jane & Child J Jenk 95:30 Anderson Do 55:01 Mary Do 37:01 Donniel Do 49:01 Jane Wmson. Burton 2/6 .. 25 __________ 453:53 In this cause the master[matter?] after due notice having been given in the Hillbo Recorder sold the above named Negroes Nat for ------------------- $54 Ballard for --------------- 56 Cash ------------------------ The balance were sold an a Credit of six months for 343:58 $343:58 110 ________ 453 58 [multiple lines of accounting] Additional Comments: Will Book Volume D, pages 601-602 Recorded Aug 1821 Estate papers comprise 45 pages and are found in a folder labeled "Burton, Cuthbert (1822)". These state that Samuel Burton & William Burton, two of the legatees, died intestate in March 1825, and that John Burton, another legatee, died in April 1825. Due to this and other circumstances, the settlement of the estate was a bit complicated and there were several legal actions associated with it, and as such, much more documentation was created, including several lists or inventories of the slaves mentioned.