Fauquier County Wills John Burgess Will 1855 ****************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives Posted by Jim Burgess on Mon, 22 Mar 1999 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. Unauthorized use for commercial ventures expressly prohibited. All information submitted to this project remains - to the extent the law allows - the property of the submitter who, by submitting it, agrees that it may be freely copied but NEVER sold or used in a commercial venture without the knowledge & permission of its rightful owner. 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Persons or organizations desiring to use this material for non-commercial purposes, 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. ****************************************************************** ****************************************************************** Surnames: BURGESS, DAWSON, LEITH The Will of John Burgess Will Written 23 May 1855 Will Proved 26 Dec 1855 Will Book 26 page 209 I John BURGESS now residing in the County of Fauquier and State of Virgina, and of sound mind, though in declining health, make and declare the following my last will and testament, by it revoking and annuling any and all former wills made by me. First, I give to me wife Charlotte BURGESS during her natural life three of my slaves, namely, Scott and Tawney males and my girl Judah, three feather beds with bedsteads and bed furniture, one bureau, two tables, six chairs, one ?????, all the china and cracking ware and kitchen furniture and hogs I may die possessed of also two horses and two milck cows, her choice of all I may leave all which including the increase. At the death of my said wife, I give to be equally divided between them (except my son Edward, at whose request his wife Mrs Jane H. Burgess is to have and receive the portion which otherwise would be his) to all my children as herein after the residue of my estate is given to them. Secondly, I give to my sons Edward & Dawson to be paid to them by my executrix out of my estate before distribution fifteen dollars each unless it shall appear that subsequent to this date I pay to or for them the same, it being the amount I have advanced to each of my other children. Thirdly, I give to my daughter Elizabeth who now resides with me in consideration of her previous services to myself and her mother and such as she may render hereafter, my boy Thornton now about six years old , to her and the heir or heirs of her body forever over and above an equal participation with her brothers and sisters in the residence of my Estate or such part of it as I do not here and hereby particularly dispose of. I also give to Jane H. BURGESS the wife of my son Edward besides the Edward distributable portion of my estate with his brothers and sisters (who as stated in the first section of this my will at his request. I give to her my infant slave boy now in her possession and care to her and her heir or heirs forever. Fourthly, The entire residue of my estate after the payment of my just debts I give to all my children to be divided equally between them. Share and Share alike. And the share of my daughter I give to them and the heir or heirs of their bodies and none, and the children of my daughter Margaret Leith and my son Dawson. I give to my son Addison Burgess in trust for the following uses and purpose and none other. He the said Addison Burgess is to permit his sister Margaret Leith and her husband to use and enjoy the share of the said Margaret of (my estate during the natural life of the said Margaret in kind if desirable to her to do so), otherwise he is to so manage it as to make it productive yearly and pay over to her the productive yearly. And pay over to her yearly the product thereof during her natural life and at her death said share to be distributed by the said Addison or such successor or trustee for the said Margaret and the said Dawson. Events may render necessary amongst all my children and the heir or heirs of such of them as may be dead equally and the said trustee is to act in the same manner with the share of the yearly product to be paid over to the said Dawson or his assigns, unless it shall happen that the said Dawson shall have a legal heir or heirs. In such event happening this trust to the extent it operates on the share of my estate given for the use of my son Dawson to cease and determine and said share place in the care and charge of a trustee for the use and benefit of such heir or heirs to whom I give the same absolutely at the death of the said Dawson. Lastly, I constitute and appoint my wife Mrs. Charlotte Burgess executrix of this my last will and testament that is my will I have set to it my hand and affixed my seal this 23rd day of May 1855. John Burgess his X mark In the presence of us together John Burgess now residing in Fauquier county, Virginia requested us to witness that he declared the foregoing to be his last Will and Testament. Test Enoch H. Foley John L Herndershell John D Herst Fauquier County Court December 26, 1855 This paper writing purporting to be the last Will and Testament of John Burgess deceased, proved at a former day of this court by the oath of Enoch H. Foley a subscribing witness thereto was this day fully proved by the oath of John L Houdershell and other subscribing witnesses thereto. And therefore the said paper writing is ordered to be recorded as the true last will and testament of the said John Burgess deceased. Charlotte Burgess the Executrix therein named qualified to gave bond and security according to the security have justified. Teste Ulin H. Jennings C.C.