Transcription of Will of Thomas Burrus [1]
Clark County, Kentucky Will Book pg 481-487
(Transcribed as written without punctuation and with original spelling).
In the name of God Amen I Thomas Burrus son of the county of Clarke and the State of Kentucky do make and publish this my last will and testament in manner and form following viz
1st I wish to be decently buried but without pomp or show
Secondly I give to my son Thomas Burrus all that tract of land where he now lives and Bounded as follows viz; Beginning at the most north east corner of that tract of Land which I purchased of Roger Burrus which is also the most South east corner of David Bullock(?) the (?) which said Bullock purchased of Roger Burrus and running with the original line and 40? west to the intersection of the road which leads from Winchester to the mouth of muddy creek-thence with said road to the four mile road then with the road to Winchester with its courses to the intersection of my line and David Bullock’s line near a Small branch which empties into two mile creek thence with my line and David Bullock’s line to the Beginning. Supposed to contain 1 hundred and seventeen acres but his is to have whatever is contained in the aforesaid Boundary be it more or less and also a small piece of land adjoining the Same and bounded as follows. Beginning at a rock in the fork of the Muddy creek and four mile road thence running with the edge of the four mile road ten poles thence running to the line between Mrs. Old and myself and with my line to the Muddy Creek road and with a rock the Beginning so as to contain ten acres.
The said tract first herein described is the same one which the said Thomas Burrus now lives and the said two tracts the said Thomas Burrus is to have for and during the term of his natural life but after his death my will and desire is that said tracts of land be equally divided amongest the lawfully begotten children of the said Thomas Burrus to them and their heirs forever it being (?) understood however that said Thomas Burrus is only to have a life estate in said tract of Land-but after the death of said Thomas Burrus his wife Elizabeth is to have during her life one third part os said land as dower before it goes to the Children of said Thomas Burrus and they are to take it subject to said dower estate—and after the death of myself and wife I bequeath a negro man named Aquilla to the said Thomas Burrus which is also to belong to him during his natural life and after his death it is my desire that said negro man shall go to his Children.
Thirdly--- I have given unto my daughter Sally containe? That tract of Land situated in Clarke County and the waters of Of Stoner and four mile being the same tract I purchased from James Stevens and which he and his wife have deede to one being the same place in which the said Sally Embree and her husband Caleb Embree now lives and? Containing about one hundred and fifty or sixty acres. Thare(sic) also give one negro girl named Clara and one bed and furniture one mare and saddle and one cow and calf.
Fourthly(sic) I have heretofore give to my daughter Francis Ragland one hundred twenty acres of land and deeded the same to her and her husband. I have also give one negro girl named Lurina one bed and furniture one mare and saddle and cow and calf
Fifthly I have already give to my daughter Nancy Morton? One mare and saddle one bed furniture two cows and one hundred pounds worth of horses which one hundred pounds worth of horses was in sina? Of one hundred acres of land. I also give to my said daughter Nancy during her natural after the death of my self and wife the following tract of land to mid-lying and being on the waters of four mile creek and bounded by the lands of Rieces? Heirs, James Gruning?, William Stevens and Lervy Hamilton but she is not to have the hole(sic) of said tract—But only so much as joins John Foster and the place that belonged to Lervy Hamilton to include the house where Ambrose Crim now resides and to go to fence—that now divides between said place and that which John Hamilton had in his possession sometimes sense(sic) and in the use and enjoyment of said land the said Nancy is to have the right to use the spring on said place formerly in said John Hamilton possession and a right to pass to and from the same said land given to Nancy during her natural life and at her death the whole of said tract of land as well that allotted to her use during life as well as that not is to be sold at Sale to the highest bidder and the purchase money is to be divided equally amongst all the children of the said Nancy as well those by Pies Joyner(?) husband as hes present or any future one she may have. Said sale to be made by my executor or the (?) of them and in case of the death of all of them by a commission to be appointed by a court of (?) on the application of any of the parties interested—a deed to the said land has been made to said Nancy by my wife Elizabeth the title to the same being in her in order tract the provision of this will might be carried into effect---I also will and divise to said Nancy the sum of two hundred and fifty dollars.
Sixthly I will and bequeath to my daughter Betsy Rowland the tract of land on which the family resided being the place where Stephen Dycke now resides being part of the aforesaid tract of land deeded to my wife by John Stevens and to understand fully the tract of land meant in the foregoing (? Can’t read next two words) and in the one to Betsy Rowland it is (?) to state that the whole was originally in one tract but was divided by them by a branch which leads from the land formerly belonged to Lervy Hamilton running through said tract and the through the land of Rieces heirs each side of said branch being the considered in this will as a separate tract of land but the tract out of which Nancy has a part allotted for her use there belongs ten acres (?) said branch is the one upon which Betsy’s share is laid off which tract of the said Betsy is to have seeing her (? Can’t read next 10 or so words) lawfully begotten children. Said land has also been deeded to said Betsy by my wife Elizabeth after the death of myself and my wife I give to said Betsy during her natural life a negro man named Aaron which negro man (?) I will after the death of said Betsy to her children forever.
Seventhly I have deeded to Jane Brockman a tract or parcel of land in the County of Clarke on the waters of two mile creek it being the same tract where the said Jane now lives in addition to which I (?) (?) to her a strip of land for a passway to be twelve foot wide to begin at said land so deeded to her at the line between the land of Joel Quisenberry and myself to run with line to the big road called the four mile road and if said road should be changed from its present position said twelve feet in width is to be continued along my said line until it gets to said road if my land extends as far the (?) to which strip of land is hers and (?) to the said Jane Brockman her heirs and (?) forever I have heretofore given to my said daughter Jane one negro boy named Charly one horse beast and saddle one cow and calf and one bed and furniture.
Ninthly it is reported that my son Will L. Burrus is dead and having advanced to him as for his use during his lifetime the sum of four hundred dollars or thereabouts I therefore will and bequeath after the death of myself and wife to the three sons of the said William L. Burrus viz Thomas T. Burrus William P. Burrus and Lancelot Burrus each the sum of four hundred dollars which money is to be put out at interest by my executors hereafter named or such of them as may act and paid to Said boys as they respectfully attain to the age of twenty one and if my executors are not willing to assume the responsibility of retaining said money and loaning the same then it is to be paid over by them to such guardians as may be appointed for said Children by the proper court.
If however it should turn out contrary to the present belief that my said son William L. Burrus is still alive and not dead and remains living at the time of my death then and in that event the amount here willed to his children is to belong to him and to be paid to him and not then provided he comes and demands the same before it is paid by my executors to his said children or to their guardians when appointed the sum so willed to said three boys being twelve hundred dollars. I also desire to Sarah F. Burrus the sum of ten dollars and to her mother Philadelphia Burrus the widow of my son William the sum of ten dollars and no more and the right of my said son William L. Burrus to said twelve hundred dollars is to (?) entirely even if he be living on his demanding the same in person from my executors until which time it is to be considered the money of said children and paid by my executors (? Two words).
Tenthly the balance of my estate not therein before disposed of both real and personal in eluding Stares ? I lead to my beloved wife Elizabeth if she should outlive me during her natural life for her support and maintenance and so much property heretofore devised after her death and mine is also to belong to her during her life.
To my grand daughter Elizabeth L.? Rowland one of the children of my daughter Betsy Rowland I will and bequeath on feather bed and furniture. And as I have a great (?) for my aged negro woman Betty it is my will that she is to make choice amongst my children and are with which one of them she prefers and the one she elects to live with shall take her and when she becomes unable to work for them she is to be taken care of and supported by that one during her natural life and the person she may so elects to live with I will and bequeath fifty dollars to assist towards her maintenance when she becomes unable to work for them—which fifty dollars is to be paid out of my property when said negro woman Betty makes her selection as aforesaid
After the death of my wife all my estate including land, negroes, and personal property of every description no herein before devised it is my will and desire that the same be sold by my executors herein after named or such as may (?) and let or the survivors of then in a (?) said executors or such as may qualify and act or the survivor is authorized and empowered to carry the land as sold to the (? Can’t read next four words) and out of the proceeds of said sale the aforesaid sums of four hundred dollars to each one of said three sons of William L. Burrus is to be paid and also said sums of ten dollars to Philadelphia Burrus and ten dollars to her daughter Sarah F. Burrus and the balance of the money arising from said Sale together with all the rest and residue of my estate of any description left after satisfying the bequests heretofore made is to be divided equally between my son Thomas Burrus and my daughters Sally Embree, Francis Ragland, Nancy Morton Betsy Rowland and Jane Brockman and if any of my children should die in my lifetime the property and bequests hereby made to them or either of the is in said event to go to the children and heirs at law of such one as dies during my lifetime and if either of my said three grandchildren the sons of my said William L. Burrus should die in (?) or before they attain the age of twenty one and without (?) then the amount here bequeathed to those dying shall go to the (?) or survivor. And wherein deeds have been made by myself and wife or may be made for the property devised in this will to the person or persons to whom it is willed it is the ( two lines unreadable) Children to become the purchasers thereof themselves and not allow them to by purchased by strangers The (?) and to be said publickly to the highest bidder The Land may be sold either privately or publickly all together or in separate parcels as my executor of the one that is acting may think most advantageous and upon such credibility(?) as are deemed by them or him most and visable And it is my wish and desire in the event of all of my said three grandchildren viz, Thomas T. Burrus, William P Burrus and Lancelot G. Burrus dieing before attaining the age of twenty-one and without issue then the amount devised to them and the surviving of them as (?) mentioned shall belong to my children Thomas Burrus Sally Embree Francis Ragland Nancy Morton Betsy Rowland and Jane Brockman and be paid to them by my executors if not previously paid by them to said children or their guardian and in the event of its having been paid to the guardian or guardians it is still to go so herein devised
And lastly I herby appoint my friends Nathaniel H??? and son and James Thompson executors of this my last will and testament with full power to carry the same into effect and lastly revoke all former wills by med made (?) and published by me as my last will and testament this 2nd day of November 1832
Witness: Thomas Burrus (his mark)
Lewis Duncan
John Owen
By way of Codicil to the foregoing will and my wife having died since said will was made it is my will and desire that the sale of my property therein directed to take place after her death shall take place immediately after my own or as soon thereafter a my executors may think and my daughter Francis Ragland and my son Thomas Burrus having also since died it is my will the everything given to them in my will or left in any event to go to them shall go to their children and if either of my other children now living should die in my lifetime everything left to them or either of them shall go to their children nothing herein is to be construed to change or alter the disposition made in my will in relation to William L. Burrus and his children and in relation to the part willed to my daughter Jane now Jane Matthews it is my will that she shall not have any part of the proceeds arising from the sale of my property after my death and in that respect my will is changed and instead of the said Jane having part of said sale money arising under said residuary clause in my will her part of it or that part which she would have got is her (tear in paper) to her four children James T. Brockman, Asa Brockman, Elizabeth Brockman, and Jacob Brockman and the same is devised to be paid to them by my executors in equal portions and out of the land willed to my son Thomas Burrus which since his death I have directed to go to his children it is my will and desire that his wife Elizabeth Burrus shall have and enjoy during her natural life the following part or portion supposed to contain forty acres including the dwelling house where she now lives and bounded as follows viz viz beginning at a planted stone in the forks of the 4 mile and Muddy Creek roads thence S40 & W 30 poles? With the four mile road to a planted stone in the south east margin of the road thence S48& E 50 poles? To a planted stone in Ms. Olds line N48 & W6/10 poles from a buckeye? Marked as a pointer thence with Olds line (?) E 24 5/10 poles to a stone planted in the SW margin of Muddy Creek said thence ?6 ¾ E 109 poles to a stake in the Colby Quishenberry Line then ? 57 W 45 poles to a buckeye in the Winchester road then with the meander of said road S12 W 21 5/10 poles S 26 to W 55 8/10 poles to a ? stance s26 ¼ E 20 poles to the Beginning and as said piece of land containing a five acres out side of the boundary theretofore give to said Thomas Burrus and since his death to his children it is my will and desire tat after the death of the said Elizabeth Burrus that the whole of said forty acres of land ahall beong to the said children of the said Thomas Burrus forever
It is further more my will and desire that when my executor of make sale of the tract of land upon which I live that there shall be (?) one eight of an acre including the place wher my wife is buried for the purpose of a family burial ground and said 1 eight part of an acre shall not be sold or (?) and if only one of my executors should qualify he sall have all the power and authority that is given to both and my said will (?) date the 2nd day of November in the year 1832 is hereby satisfied and comfirmed except as far as it is changed modified or explained by the codicil thereto
Witness my hand and seal this 16th day of July 1834
Signed sealed and published in our presence
William Flanagan Thomas Burrus(his mark) Joel Quishenberry
By way of an additional codicil to my foregoing will I hereby resolve as much of it as bequeaths to Betsy Rowland a negro man named Aaron during her life and to her children after her death and I desire said negro man to be sold with my other slaves after my death but in place of Aaron I bequeath to Betsy Rowland a negro girl named Viney during her natural life and at her death said Viney is to (?) to the children from said negro girl Viney is now in the possession of said Betsy Rowland witness my hand (unreadable but I think it says the 15th of ? 1834)
Signed sealed and published in our presence
CB Quishenberry Thomas Burrus (his mark) (Unreadable)
I Thomas Burrus make this additional codicil to my will I share deeded to John B. Byon the tract of land before willed to Betsy Rowland and her children and which was probably deeded to the said Betsy and wife(sic) by myself and wife herein devised to said Nancy Morton and her children now my will is that that the portions of my estate heretofore willed to the said Nancy Morton and Betsy Roland shall be bound as an indemnification against any liabilities imposed on me by said deeds as they were made for the benefit of the said Nancy and Betsy and I do not intend that they or their children should claim said land against my deed and at the same time get in (?two words) will their portion of my estate but the liability of any imposed on my estate by said deeds are first to be taken out of their said portions Witness my hand and seal the 27th day of January 1835
Attest Thomas Burrus his mark
CB Quishenberry
James Mullin
Clarke County (?) Court 1836
This last will and testament of Thomas Burrus Sr dec’d was produced in open court and proved accurate to law together with the codicils thereto announced by the oaths of Colley B Quishenberry Jas Mullins Wm Flanagan and Joel Quishenberry witnesses there (unreadable about 6 words) and on motion of ? Ragland one of the (?) therein named who made oath thereto as the laws directs certificate is granted (?) for obtaining a (unreadable 6 words). (?) wherever from he together with Bartlett Haggard Demis Doyle David B Hayes and W Tanner entered into (?two words) their land in finally of $40000 conditioned as the law directs
James P. Bullock
