Person:Nathaniel Burwell (1)

Will of Nathaniel Burwell

In the Name of God, Amen: I Nathaniel Burwell of Carter Hall in the County of Frederick & Commonwealth of Virginia, do make this my last Will and Testament hereby revoking all other and former Wills by me heretofore made.

1st. I give to my beloved Wife Sucy [Lucy] Burwell for and during her natural life four hundred pounds per annum in lieu of the settlement that I have made on her of two hundred pounds per annum these four hundred pounds I desire may be raised from the estate comprehended under the tenth section of this will: two hundred pounds of them to be paid in the month of May & the other two hundred pounds in the month of November annually.

2d. I lend her for & during her natural life, my Carter Hall house, with the out houses, stables & other houses to it appertaining together with the gardens, yards & pastures to it belonging, with liberty of cutting fire wood from such parts of the Carter Hall tract as are not contiguous to the mill pond.

3d. I lend her also during her natural life, the following negroes viz old Joe, Nelly, Henry, Carter, Dick, Ben & his wife Nancy, Billy, Sergeant, Westen, Eve & Betsy Cannady; I lend her also for life all my plate, linen household & kitchen furniture.

4h. I give to her forever my coach, Harness, the four coach horses, & four good cows; I also give her forever all the liquors in the Carter Hall cellars & the provisions laid in or about to be laid for the family for the current year.

5h. I give to my Daughters Eliza Gwyn & Mary & to their heirs forever, my farm in this county known by the name of the river farm, containing six hundred thirty six & three quarters acres be the same more or less, together with all the negroes & stock of every kind on the said farm & all the waggons & plantation utensils thereon.

6h. I give to my son George Harrison, & to his heirs forever my farm in this county known by the name of the Island farm, containing one thousand & sixty acres, be the same more or less & the choice of thirty negroes to be taken in families from the negroes on the said farm which choice must be made by my executors in a few months after my decease: I give him also all the stock of every Kind & the waggons & other plantation utensils on the said farm.

7h. I give to my son Thomas Hugh Nelson & to his heirs forever my farm in this county called spout Run containing seven hundred ninety seven & three quarters acres, be the same more or less; & the choice of thirty negroes to be taken in families from the negroes on the said farm; which choice must be made by my executors in a few months after my decease; I give him also all the stock of every kind & waggons & other plantation utensils on the said farm.

8h. The estates given to my Daughters & my two sons as mentioned in the 5. 6. & 7 sections of this will are not to be answerable for my debts or legacies. Should Eliza Gwyn or Mary die before they arrive at the age of twenty one or marry, I give the estate of the one so dying to the other.

9h. I give to my nephew Carter B. Fontaine all the debt due from him to me in my own right.

10h. All the rest of my estate both real & personal including that part which I have lent to my wife for & during her natural life, after my debts & legacies are paid, I give to be equally divided among all my children & their legal representatives & my grand children by the name of Randolph.

11h. It is my will & desire that my sons Philip & Nathaniel who now act as trustees of the property that I gave some years ago to my grandchildren by the name of Randolph shall in like manner act as trustees of the property that I have given them under this will.

12. It is my will & desire that there shall be no appraisement of my household & kitchen furniture nor liquors & that my executors shall not be obliged to give security for their trusts.

13h. I do hereby constitute my sons Philip, Nathaniel & Lewis Executors of this my last will & testament. In Witness whereof I have hereunto set my hand & affixed my seal this sixth day of September eighteen hundred & thirteen.

(signed) Nathaniel Burwell (Seal)

The erasure on the other side was made by me this 19th Dec. 1813

(signed) Nathl. Burwell (Seal)

The erasure on this side was made by me this 14h. January 1814

(signed) Nathl, Burwell (Seal)

I do hereby make this codicil to my will explanatory of the part of the part of the Carter Hall tract that I have lent her for life with the liberty of cutting wood therefrom; It is my desire & I do hereby direct that a line be run from my son Lewis's corner near the little white oak & the pile of stones not far from the Winchester road to my son Williams line crossing spout run near Sally Banks's house; all that part of the Carter Hall tract that lies above this line including the Carter Hall house, outhouses stables & gardens, yards & pastures, is what I give to beloved wife for & during her natural life. Given under my hand & seal this 21st March 1814.

(signed) Nathl. Burwell

not having had full room on the other side, I have signed & sealed it on this also, Given under my hand & seal this 21st March 1814.

(signed) Nathl. Burwell (Seal)

At a Superior Court of law held for Frederick County the 2d day of May 1814. This Last Will & Testament of Nathaniel Burwell deceased was produced to the Court, together with the codicil thereto annexed and there being no subscribing witnesses thereto. The same was proved to be wholy in the handwriting of the testator by the oaths of Philip Nelson and William B. Page and ordered to be recorded. and on the motion of Philip Burwell, Nathaniel Burwell and Lewis Burwell the executors therein named who made oath according to law, certificate is granted them for obtaining a probate thereof in due form upon their giving bond. The said Testator having directed that security should not be required from them. Whereupon they entered into and acknowledged bond in the penalty of two hundred thousand dollars, conditioned for their due and faithful administration of the said decedants estate.

Teste: R. B. WHITE C.F.S.C.

Know all men by these presents that we Philip Burwell, Nathaniel Burwell and Lewis Burwell are held and firmly bound unto Robert White junior Esq. a judge of the general court now sitting and holding the superior court of law for the county of Frederick in the sum of two hundred thousand dollars to be paid to the said judge or his successors, to which payment well and truly to be made we bind ourselves, our and each of our heirs, Executors and administrators, jointly and severally, firmly by these presents. sealed with our seals, and dated this 2d. day of May, A. D. 1814.

The condition of the above obligations is, that the said Philip Burwell, Nathaniel Burwell and Lewis Burwell executors of the last will and testament of Nathaniel Burwell deceased, do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of them the said Philip Burwell, Nathaniel Burwell and Lewis Burwell or into the hands or possession of any other person or persons for them and the same, so made, do exhibit into the superior court of law holden at Winchester for Frederick County at such times as they shall be thereunto required by the said court, and the same goods, chattels and credits do well and truly administer according to law, and make a just and true account of their actings and doings, therein, when thereunto acquired by the said court; and further do well and truly pay and deliver all the legacies contained and specified in the said will, as far as the said chattels and credits will extend, according to the value thereof, and as the law shall charge them then this obligation to be void or else to remain in full force.

Signed, sealed and delivered in the presence of

R. B. White

(signed) Philip Burwell (Seal)

(signed) Nathl. Burwell (Seal)

(signed) Lewis Burwell (Seal)

Notes

Family records listed in "Virginia Vital Records", indexed by Judith McGhan, pg. 640-642

1. ↑ Virginia Vital Records, Indexed by Judith McGhan, Gen. Publishing, Baltimore, 1984
   pg. 641.
2. ↑ Virginia Vital Records, Indexed by Judith McGhan, Gen. Publishing, Baltimore, 1984
   pg. 642.