ESTATE: Benjamin BURGHER, Albemarle County, Virginia, 1824-1826 Contributed for use in USGenWeb Archives by Scott Simpson scott.simpson@byu.net http://va.genealogy.50megs.com/ ************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. These same restrictions apply where this work is posted on the RootsWeb message boards at Ancestry.com. http://www.usgwarchives.net ************************************************************ Estate of Benjamin BURGHER; Albemarle County, Virginia; 1824-1826 [Transcriber's note: The Reverend Benjamin BURGHER of Albemarle County, Virginia, died on November 12, 1822. This is a selection of documents reflecting the division and conveyance of Benjamin's estate. As indicated in the second document transcribed below, he and his wife, Elizabeth, had no children, and all of his estate went to his siblings. The transcriber is a descendant of Benjamin's sister, Anna, who married Richard DOLLINS. Benjamin, Anna, and their siblings were children of Manus BURGER, who died in 1780 (Will of Manus BURGER; Albemarle County, Virginia; Will Book 2; page 386).] ---------- Obituary of Benjamin BURGER; Richmond Enquirer; November 22, 1822. Departed this life in the county of Albemarle, on the 12th ultimo, after a short illness, the Rev. BENJAMIN BURGHER. His family and friends will deeply and long deplore the irreparable loss they have sustained in the death of this excellent man, but their sorrows should be soothed and they will be comforted, by the recollection, that his pious and exemplary life has secured for him a final abode, and happiness forever, in "an house not made with hands, eternal in the heavens." The life of the deceased, as a minister of the gospel in the Baptist church, was for many years faithfully, zealously and profitably devoted to the duties of his sacred vocation. He completed the 77th year of his age on the 7th of March last, and afterwards, like one of the patriarchs, he "died in a good old age; an old man and full of years:" universally lamented, as he had lived respected, by all descriptions of people who had enjoyed the happiness and advantages of an acquaintance with him. Who that knew this best of men "in the midst of life and in the hoar of death" will not be ready to exclaim, "Let me die the death of the righteous, and let my last end be like his"? ---------- Bill of Complaint; Nicholas BURGHER etc. versus Joseph BURGHER etc.; Albemarle County Chancery Cases; Library of Virginia Index number 1826-012. To the County Court of Albemarle in Chancery sitting your Orator Nicholas Burgher by John B Spiece his attorney in fact respectfully represent, that a certain Benjamin Burgher of the County of Albemarle departed this life in the year [blank] Intestate leaving Elizabeth Burgher his Wife living, but never having had any Child. That the said Benjamin Burgher left as his Heirs and Legal representatives one Sister by the Name of Charity Hays two Brothers Joseph and your Orator Nicholas and also the following Children of John Burgher a deceased brother of the Sd. Benjamin to Wit; Elizabeth who intermarried with a certain Samuel Hays and Sarah Spiece and also the following Children of David Burgher a deceased Brother of the said Benjamin to Wit; Lucy who intermarried with John Tarel and Elizabeth who intermarried with Rice Wood and also the following children of Anna Dollins a deceased Sister of the Sd. Benjamin to Wit Elizabeth Dollins who intermarried with Samuel Wood John Dollins and Sarah Dollins who intermarried with William H Martin._ That the said Samuel Hays has left his family in the County of Augusta and has been about four years absent and your Orator Supposes and believes He has gone without this State_ no satisfactory information has been received as to what part of the world He has wandered_ That the sd. Charity Hays and the sd. Joseph Burgher reside in the State of Kentuckey Your Orator Represent that the said Elizabeth Burgher Widow and relict of the sd. Benjamin Burgher has lately departed this life leaving one half of the Slaves belonging to the Estate of Her decd. Husband which had been allotted to Her by a Decree of this Court heretofore rendered_ He further Represents that the sd. Benjamin Burgher Died Seised and possessed of some Real Estate_ Your Orator therefore prays that Commissioners may be appointed to divide the sd. Slaves among those intitled thereto; and also to divide the Real Estate or to Sell the same and divide the proceeds among the Legal Representatives according to Law and to grant any other and general relief which may appear compatible with Equity &c J. M Martin for pqq ---------- ---------- [Transcriber's note: The next two documents, which are presented as abstracts rather than transcriptions, are included here because they constitute further evidence that Benjamin BURGHER's sister, Anna BURGHER, married one Richard DOLLINS. The land conveyed in these deeds apparently did not, however, come from the estate of Benjamin BURGHER, because the deeds state that Richard DOLLINS "died possessed" of the land, whereas the preceding documents suggest that Richard DOLLINS died before Benjamin BURGHER.] Deed from William H. and Sally MARTIN to John DOLLINS; Albemarle County, Virginia; Deed Book 24; page 432. William H. Martin and Salley his wife of Albemarle County sell to John Dollens of the same county, for $100, their undivided interest in land in Albemarle adjoining lands of William Piper, Richard Richardson, and the heirs of Joseph Field Decd., being the same land which was owned and inherited by Richard Dollins Decd., and of which said Richard Dollens died possessed, and which said undivided interest has descended to the said William & Sally his wife as heirs and distributees of the estate of said Richard Dollens Decd. and which said interest is one third part, of the whole tract, which whole tract contains 110 acres. Executed Oct. 18, 1824; recorded Oct. 22, 1824. ---------- [Transcriber's note: Per the note with the immediately-preceding document, the following document is presented as an abstract rather than a transcription.] Deed from Samuel and Elizabeth WOOD to John DOLLINS; Albemarle County, Virginia; Deed Book 24; page 434. Samuel Wood and Elizabeth his wife of Albemarle County sell to John Dollens of the same county, for $111.11, their undivided interest in land in Albemarle adjoining lands of William Piper, Richard Richardson, and the heirs of Joseph Field Decd., being the same land which was owned and inherited by Richard Dollins Decd., and of which said Richard Dollins died possessed, and which said undivided interest has descended to the said Samuel and Elizabeth as heirs and distributees of the estate of said Richard Dollens Decd. and which said interest is one third part, of the whole tract, which whole tract contains 110 acres. Executed Oct. 18, 1824; recorded Oct. 22, 1824. ---------- Deed from Samuel and Elizabeth WOOD and William H. and Sally MARTIN, to Harden MASSIE; Albemarle County, Virginia; Deed Book 24; page 436. This Indenture made the nineteenth day of October in the year eighteen hundred & twenty four between Samuel Wood & Elizabeth his wife, and William H Martin & Sally his wife of the County of Albemarle & State of Virginia of the one part and Harden Massie of the same County of the other part Witnesseth that the said Samuel Wood & Elizabeth his wife, William H Martin & Sally his wife, in consideration of the sum of two hundred & eighty Dollars lawful money of Virginia to them in hand paid by the said Harden Massie the receipt whereof is hereby acknowledged, have bargained & sold, and by these presents do and each of them, bargain and sell unto the said Harden Massie his heirs and assigns two thirds of one sixth part of a certain tract or parcel of land or lands containing by a late survey about six hundred & forty acres being all the land the Rev Benjamin Burgher Decd. died possessed of also two thirds of the one sixth part of the Dower negroes in said estate, it being property which descended to them by operation of Law from the estate of the said Benjamin Burgher Decd. and also all farther claim or interest which they may have in the said estate of land or negroes together with all and singular the appurtenances thereof &c To Have and to hold the said land and negroes and the increase as aforesaid unto the said Harden Massie his heirs and assigns forever. And the said Samuel Wood & Elizabeth his wife and William H Martin & Salley his wife do for themselves their heirs and assigns warrant and forever defend the right & title of the aforesaid land and negroes, against the claim of themselves their heirs or assigns, and against the claim or claims of all persons whatsoever unto the said Harden Massie his heirs and assigns. In Testimony whereof the said Samuel Wood &c have hereunto set their hands & affixed their seals the day & year first above written Samuel Wood Elizabeth Wood his William H X Martin mark her Sarah X Martin mark [Acknowledgment statements and relinquishment of dower not transcribed.] In Albemarle County Court Office the 22nd day of October 1824 This Indenture presented to me in said office the date above and being duly certified thereupon the same together with the relinquishments of Dower of Mrs. Elizabeth Wood & Sally Martin was admitted to record Teste Alex Garrett C.A.C. [end]