Will of Richard Burkes of Prince Edward Co., Virginia
This will was taken from Chancery Records of Prince Edward Co. in the case of Administrator of Christopher DeJarnett against Richard Burks.
“In the Name of God amen:
I Richard Burkes of the County of Prince Edward being sick and weak, but of sound mind and memory; thanks be to god for the same: I do hereby make my last Will and Testament revoking all other will or Wills by me before made: first: I give my soul to God that it in hopes at the general resurrection: to receive it again with joy; and for my worldly Estate: I dispose of in manner and form following VIZT
I in promise do lend unto my wife Mildred Burkes, as much of the income of my old store place; as shall be though sufficient for her support for and during term of her natural life or widowhood; I also lend unto my said wife all my household furniture also all my stock of all kinds also all kinds of Working Tools for and during her life and Widowhood.
Item I give & bequeath the old store place together with one hundred and sixty eight ¼ acres of Land adjoining thereto lying in Prince Edward and Nottoway countys (sic): to my son Richard Floyd Burks and to his heirs forever. Also after his mother’s decease: I give unto my son Richard Floyd Burks all my house hold furniture all my stocks of all kinds, whatsoever and all my working Tools – no not withstanding they above things now lent to my wife: if my son Richd Floyd Burke shall support his Mother with such things as shall be thought sufficient for her support and finding her a hours and saddle to ride when she wants; my desire is that my said son upon his satisfying his mother; that he is to have the whole in his possession: and to do as he thinks proper with it as his own: I also give and bequeath unto my said son Richard Floyd Burke two Hundred acres of Land and plantation: Which I give Christopher Dejernatt [DeJarnette] and Jesse Owen a deed for to indemnify them as securitys (sic) for me in a suit Hatcher v. Burkes now if my said son shall pay the said judgment: I give him the said Land to him and his heirs forever.
Item my Will & desire is that after my son receiving this the before mentioned Land & premises that he pay to my two daughters Mildred Rains & Elizabeth Burks fifty pounds each or give them a negro Girl a peace (sic) to their liking instead of the money
Item my Will and desire is that a negroe Girl that I some years ago delivered to my Daughter Edith Langsdon [married Charles Langsdon and moved to Bullitt Co., Kentucky] may continue to her & her heirs forever: also the said Girl by the name of Nan; increase to her & her heirs forever:
Item my Will & desire is that my Daughter Elizabeth Burks is to continue with her mother in the same room as long as she lives single and Chooses so to do: and that she may have a place for horse & her cattle if she chooses to keep them:
Item my Will & desire is that they negroes that I give & delivered to my sons: Charles John & Thompson Burks: that hey may continue to them and their heirs forever: except one that I lent to my son Charles Burks when he went to Kentucky by the name of Peter: my Will & desire is that he the said negro Peter may be sold for the best price that can be got for him & the sum of money that Benja. Rice paid to Johnstons Executors for a negro woman: I give to my Daughter Mary Rice wife to the said Benja. Rice by the name of Fan & recovered of Rice by the Executors that out of the the money arising from the sale of the said negro Peter that said Rice is to receive the sum he paid to the said executors of Peter Johnston for the negro Fan; that the recovered of him;
Item the balance of the money arising from the said negro Peter I desire may be laid out in buying a negro to wait on my wife so long as she shall live as a widow & after her decease to be divided to my son Richd Floyd Burks & my daughter Elizabeth Burks equally provided they are to take care of their mother:
Item the judgment Ford & Co is to be discharged by my herein after mentioned executors by selling Land or other ways as my Will and desire is that my security is not to Suffer on that amount:
Item my will and desire is that all damages that Can or is recovered by means of the ill Treatment I received from Johnstons Executors, and other just recovery that Can be got may be equally divided between all my Children: after my executor deducting all his expenses & Costs that he should be at: not recovered
Item I will and desire is that as soon as my executor can get the business settled that he buy a negro Girl to give it to Martha Burke daughter of my son Philemon Burke deceased also if recovery made Sufficient my Will & desire is that my executor by a horse and saddle at the price of fifteen or twenty pounds when the said Martha or Patsy Burks daughter of Philemon Burks comes of age to give her the said horse and saddle:
Item the negro mentioned to be given to my Grand daughter Patsey or Martha is to be between fifteen & twenty years old and likely:
Item my Will and desire is that if the negroe Girl for which there is a suit defending in Prince Edward Court against George Burks jr is recovered that my Executor may sell him for the best price that can be got for him if he should think fit to sell him & at my wife decease the money arising from the sale of the said negro Girl to be Equally divided as before among all my Children: but that my Executor is and may lay out the said money as he shall think fit: tale [until] my wife decease: and only be liable principle sum at the division as the Other will be for the support of my Wife.
Item my Will and desire is that all just debts that cam be made appear against me to be paid let them be long or short: standing and all that appears for me to be paid in the same manner & Lastly I do constitute and appoint my beloved wife: and my son Richd Floyd Burks executors to this my last Will & testament & that my executrix is not to give or be held to security for their performance of this Will signed with my Own hand and sealed with my seal & dated this third day of June 1793 ~
Richd Burkes (seal)
The word lying in Prince Edward & Nottoway County in the ninth line and the word they in the thirty third line & the words in the forty first line & recovered of Rice by the executors the word all in fifty seventh line all were interlined before signed
In Nottoway County Court 5th of June 1794 This Last Will & Testament of Richd Burke decd was proved by the Oaths of John Foster & Benjamin Hawkins witnesses thereto & ordered to be recorded
Benjamin Pollard CN” [?]