Botetourt County, VA, Will Book I, (partial) ************************************************************************ 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. http://www.usgwarchives.net ************************************************************************ Botetourt County Courthouse Will Book I, pp.470-471 Will of Martha Burwell, Jr. In the name of God Amen. I Martha Burwell of Botetourt County Virginia do make, publish and declare this as my last Will and Testament hereby revoking all others. My body, I commend to the Earth to be decently interred and my soul to God, who gave it humbly trusting that through the merits of my Redeemer it may be received into everlasting habitation of rest and peace. As to my worldly estate I dispose of the same in the following manner. 1st It is my Will and desire that all of my negro slaves fifteen in number (except Braxton and Edmund who are herein after disposed of otherwise) with any that may be born after the date hereof shall be liberated and removed to Liberia through the Virginia Colonization Society. In order to effect this object, I direct my executors herein after named to collect from Wy(?) and Hannah a bond I hold on them for $400. and any interest due on the same. One half of this sum I wish applied to the outfits and removal as early as it can be done of Charlotte and her family. The hire of her son Nat and of her daughter ?rena, and any other of her children that may be hired out during the current year are to be applied in the same way and until a sum is raised sufficient with the $200 above mentioned and the aid afforded by the provision of Law for the removal of emigrants to Liberia, to give them a comfortable outfit and pay the expenses of their removal. I wish Ellen and her family to remain where she now is a year after the removal of Charlotte and her family. The other half of Wy and Hannah's bond is to be appropriated to the removal of Ellen and her family, together with the hires of any, others than those mentioned and taking into view the provision of law before referred to. 2nd I give and bequeath to my beloved niece Fanny T. Burwell and to her heirs forever, my two servants Braxton and Edmund, but charging upon her and upon them, the payment for four successive years after my death twenty five dollars per annum, which she is to pay towards the pastoral support of the Minister having charge of the Presbyterian Church in Fincastle. 3rd I give and bequeath to my brother Thomas N. Burwell my interest in the tract of land on which he now lives (Rustic Lodge) but charging upon my said interest in the said land the payment of five hundred dollars to the treasurer for the time being of Union Theological Seminary in Prince Edward County, Virginia. This sum of $500. I give in trust to my executors herein after named to be applied and paid by them within twelve months after my decease to the Treasurer of said Seminary. 4th I give and bequeath to my sister Mary Dawson the sum of three thousand five hundred dollars, $3,500. to be paid to her by my brother Nathaniel out of my interest in the Estate of my Uncle Lewis Burwell deceased which is in the hands of my said brother. In case I should out live my said sister, it is my will that my said brother pay the same to the single daughters of my said sister to be equally divided amongst them. 5th In like manner I give to my said sister Lucy A. Bowyer the sum of five hundred dollars, $500 to be paid to her by my brother Nathaniel out of the same fund. The two legacies last mentioned to be paid within twelve months after my decease, with interest thereon from the time of my death. 6th All of my interest in the estate of my said Uncle after the payment of the two legacies last mentioned I give and bequeath to my said brother Nathaniel. 7th Out of any monies on hand at the time of my death not otherwise disposed of and debts due to me except that due from Wy and Hannah and for the hire of Edmund and Braxton the present year it is my will that my executors after first paying my funeral expenses do pay to my niece Patsy D. Logan forty dollars ($40.) and the balance if any I give to my niece Fanny T. Burwell. 8th I give may carriage to my niece Fanny T. Burwell and all my other personal effects about the house I give to my said niece, except my gold spectacles and my writing desk with its contents which I give to my beloved niece Nancy C. Johnston. 9th I give and bequeath to my nieces Mary D. Johnston and Julia B. Johnston my interest in the Burwell survey of land in Kentucky-which is to be sold by my executors and the proceeds divided equally between the said Mary D. and Julia B. Johnston or vested in some safe manner for their benefit until they arrive at age. Lastly I appoint my two brothers Nathaniel Burwell and Thomas Burwell executors of this my Will, hereby giving them full authority to do any and all things necessary to carry this my Will into effect and either one of them may act in case of the death of the other. It is my wish that no security be required of them by the court. Given under my hand and seal this ninth day of February one thousand eight hundred and fifty six. Martha Burwell (seal) Signed sealed and acknowledged and for her Last Will and Testament by Martha Burwell in our presence and we being present together at the same time. F. Johnston Chas. Williams At Botetourt March Court 1856 This instrument of writing purporting to be the last Will and Testament of Martha Burwell deceased was this day exhibited in Court and proved by the oath of Frederick Johnston and Charles Williams subscribing witnesses thereto and ordered to be recorded. a copy teste F. Woltz, Clk Submitted by Karen Bower