Orange County NcArchives Wills.....Burton, Elizabeth July 16, 1845
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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 F, pages 351-353
Written: July 16, 1845
Recorded: May 1847
Testator: Elizabeth Burton

I Elizabeth Burton of the county
of Orange and State of North Carolina
being of sound mind and memory,
but considering the uncertainty of my
earthly existence, do make and declare
this my last will and testament, in
Manner and foarm[sic] following
To wit, I give devise and bequeath
to my friend Seymour Puryear &
his heirs forever one negro man, nam-
ed Anthony[?], one boy Peter, and one Negra girl
Eliza and her increase all my house
hold property and stock consisting
of one Black mare with her increase
one cow and calf and their increase
In special trust and confidence for the
sole and seperate use and benefit of
my Daughter Mary Wagstaff of the coun
-ty and state aforementioned to be in
no way liable to the present or any
future debts, contracts or liabilities of
her said husband Cuthbert Wagstaff
and also Exclusive of the Jus Mariti [Note 1]
of her present or any future Husband.
and it is further my desire that the rece[p]t
or acknowledgment in writing shall
be a full discharge to my said Trustee
for all payments or applications of the
said Trust property or its profits which
he may make by her request.
And after the death of my said dau-
ghter it is my will and devise
that the said Trustee when the youngest
child becomes of age shall divide

[page 2]
- the said property and its increase[?]
equally among the children of my
said daughter which may be alive
at the time of her death - And
lastly I do hereby revoke and declare
all other wills and Testaments utterly
void by me heretofore made In wit
ness whereof I Elizabeth Burton do
hereunto set my hand and seal this
the Sixteenth day of July AD 1845

Signed Sealed published     }
and declared by the said    } Elizabeth Burton (seal)
Elizabeth Burton to be her  }
last will and testament     }
in presence of us who at    }
her request in her presence }
and in the presence of      }
each other do subscribe     }
our names as Witnesses -    }
thereto -----------         }
        Oliver Newlin   }
        James H, Lasley } Jurat

[Will Book Volume F, page 351]
I Elizabeth Burton of the County of Orange and
State of North Carolina being of sound mind & Memory
but Considering the uncertainty of my earthly existence
do make and declare this my last will & Testament,
in manner and form following ~~~ Towit

    I give devise & bequeath to my friend Seymour
Puryear & his heirs forever one negro man, nam=
ed Anthony one boy Peter  one Negro girls[sic] Eliza &
her increase all my household property and stock
consisting of one black mare with her increase

[Will Book Volume F, page 352]
One Cow & calf & their increase In Special trust
and confidence for the sole and separate use
& benefit of my daughter Mary Wagstaff of the
County and State afore[x-out]mentioned to be in no
way liable to the present or any future debts,
contracts or liabilities of her said Husband Cuthbert
Wagstaff and also exclusive of the Jus Mariti [Note 1] of her
present or any future Husband And it is
further my desire that the recei[p]t or acknowledgment
in writing Shall be a full discharge to my said
Trustee for all payments or applications of the
said Trust property or its profits which he may
make by her request.

    And after the death of my said daughter
it is my Will and devise that the said Trustee
when the youngest child becomes of age
shall divide the said property and its increase
equally among the children of my said
daughter which may be alive at the time
of her death

    And lastly I do hereby revoke, & declare
all other wills & Testaments utterly void
by me heretofore made ~~ In witness whereof
I Elizabeth Burton do hereunto set my hand
and seal this the Sixteenth day of July
AD 1845

Signed Sealed published            }
and declared by the said           }
Elizabeth Burton to be her last    } Elizabeth Burton (seal)
Will & Testament in presence of    }
us who at her request in her       }
presence & in the presence of each }
other do subscribe our names       }
as Witnesses thereto               }
    Oliver Newlin   }
    James H Lashley }

[Will Book Volume F, page 353]
              Orange County May Term 1847
The Execution of the last Will & testament of
Elizabeth Burton Decd was duly proven in
open Court by the oaths of Oliver Newlin
& James H Lashley subscribing witnesses
thereto & ordered to be recorded

Whereupon Seymour Puryear appeared in
open court & qualified as Executor
                Test

Additional Comments:
Will Book Volume F, pages 351-353
Recorded May 1847

Writer of the loose will depicted lower case "o" in the form usually recognized for "a" - interpreted here as "o" based on context.

Note 1:  In the common law, by jus mariti is understood the rights of the husband; as, jus mariti cannot attach upon a bequest to the wife, although given during coverture, until the executor has assented to the legacy.

No estate papers found.