SHENANDOAH CO. – WILL: JACOB BURNER, SR., 1785 Contributed by: John & Cindy McCachern ******************************************************************************** USGENWEB ARCHIVES(tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ******************************************************************************** Will of Jacob Burner, Sr. 1785 In the name of God Amen I Jacob Burner of Shenandoah County being now in good health and perfect memory but knowing that it is ordained for all men to die I make and ordain this my last will and testament in manner and form following to wit. Imp.   I resign up my soul to almighty God who gave it and my body to the ground to be decently buried in hopes of a Joyful Resurrection to Etermal life and my worldly goods and Estate which I have I leave to be disposed as follows after my just debts is paid. Item.  I give to my son Michael Borner an Equal share of my Estate except ten pounds value which I have already given him and design him that over and above the rest of my children. Item.  I give the children of my daughter Ann Rufner deceased an Equal share of my Estate Considering what I have already given her in her life time. Item.  My son Jacob I have already given him his full share in his life time.  Therefore I design him nothing more of my Estate or his heirs. Item.  I give my daughter Mary Beam an Equal Share of my estate considering in what I have already given her. Item.  I give my daughter Elizabeth Rufner and Equal Share of my Estate Considering in what I have already given her. Item.  I give my daughter Mattener Hiner an Equal share of my estate considering in what I have already given her. Item.  I give my son John the house and land that I now live on from the river strait out by the lower gate to the back line provided he can pay the over plush of his part into my Estate when valued by Indifferent men of Character. Item.  I give my daughter Barbary Stover an Equal Share of my Esate considering in what I have already given her. Item I give my son Joseph Burner the land that he now lives on four hundred and some odd acres which I have already valued to one hundred and fifty pounds and if that should come too more than his share he must pay back into my estate the overplush. Item.  I give to my daughter Christiner Burner an Equal share of my estate considering in what she may have out before the division. Item.  I give my duaghter Esther Burner an Equal share of my estate considering in what she may have out before the division. Item.  I give my daughter Katherine Burner an Equal share of my estate considering in what she may have out before the division. Item.  I give to my daughter Franky Burner an Equal share of my estate considering in what she may have before the division. Item.  I give to my son Samuel Burner the lower end of my land.  I now live on beginning on the river and so out by the lower gate and out to the back line and all the land below in my tract and that to be valued by men of character and if such value shall be more than his share he must pay the money back into my estate in order that all my children may have an equal share.  I leave my trusty friends Jacob Heastant and Marks Grove and Peter Heastant my only Exors of this my last will and testament and revoke all other will by me made.  In witness I have hereunto set my hand and seal this fifth day of April 1785. Jacob IB Burner (Seal) his mark Peter Ruffnaut Nathaniel Stewardt Elijah Peter Lionbarger Jacob IB Burner Charles Gordon A Codicil to the Will Be it known unto all men by these presents that I Jacob Burner of the parish of Beckford in the County of Shenandoah (Farmer) have made and declared this my last will and Testament in writing bearing date the 5th day of April 1785.  I the said Jacob Burner by this present Codicil do ratify and Confirm by my said last Will and Testament and do further give and bequeath unto my daughter Esther Burner the further sum more than her share within mentioned the sum Twelve pounds current money of Virginia to be paid unto her the said Esther Burner by my Executors out of my Estate and my will and meaning is that this Codicil be adjudged to be a part and parcel of my last Will and Testament and all things mentioned and Contained by faithfully and Truly performed and as fully and amply in every respect as if the same were so declared and set down in my said last will and Testament.  Witness my hand this nineteenth day of July one thousand seven hundred and ninety. Jacob Burner (his mark) Signed in the presents of us Edwin Young Jacob Lionbarger William (X) Harris John Burner Leithia Burner At a Court held for the County of Shenandoah on Thursday the 30th day of December 1790.  The last will and Testament together with the Codicil thereto annexed of Jacob Burner deceased was Exhibited to the Court by Jacob Heastant one of the Executors therein named who made affirmation thereto according to  law and was proved by the affirmation of Peter Lionbarger, Jacob Burner, Charles Gordon witnesses thereto and Ordered to be recorded. On the motion of the said Jacob Heastant Certificate for obtaining a probate thereof in due form is granted him the other Exors in the said will mentioned Came into Court and refused to Take upon themselves the burthen of the Executors of the said Estate will. Test Williams Clk Know all men by these presents that we Jacob Heastant, John Strickler, and Isaac Harshberger are held and firmly bound unto John Anderson, Jeremiah McKay, George Fravel and Michael Speagle gentlemen Justices of the County Court of Shanandoah now sitting in the sum of ten thousands pounds current money to be paid to the said Justices or their successors to the payment whereof we bind ourselves, our heirs, Executors and Administrators jointly and severlly firmly by these presents seal with our seals this 30th day of December 1790.