Will of Brice Burns 1858

Will of Brice Burns 1858

Transcribed by Sydney "Skippy" Davis

 

  The will of Brice Burns of Onslow County, NC, transcribed by Sydney
"Skippy" Davis, Dublin, Ga., from a photocopy obtained from the North
Carolina State Archives. The will is dated 4 May 1852, proved December
1858 but not recorded until 1866.

Effort has been made to preserve spelling, grammar and punctuation of
the original.

Index
Brice Burns, planter
Sarah Burns, wife
Sarah Caroline Sanders, daughter
Isaac N. Sanders, son-in-law, executor
Sarah Amanda Sanders, granddaughter
William T. Hall, nearby landholder
Robert S. McLean, witness
Nathaniel B. Hancock, witness
J. B. Ellis, witness
Jasper Etheridge clerk 1858
A J. Johnston, clerk 1866

Index of Slaves
Christopher
Tener(?)
Many
Scipio
Rose
Gregos
Semy or Seny
Ben
Horace
Dave
Samuel
Young Scipio
Hary
Gray
Abram
Sillar
Jane
Bill
Ben
Doctor Jim Linkfield
Doctor Cummings
Anthony
Anarchy

In the name of God, Amen. I Brice Burns of the County of Onslow and
State of North Carolina being of Sound Mind and Memory but Considering
the uncertainty of my earthly existence do make publish and ordain this
as my last Will and testament in manner and form following and hereby
revoking all other Wills by me at any time heretofore made. I Commend my
soul to Almightly God who gave it to me and direct my body to be
decently buried by my Executor and the expenses to be paid by them out
of the first money that may come to their hands as a portion of my
estate.

2. I give and bequeath to my beloved Wife Sarah Burns three Negro
slaves Christopher, Tener(?) and Man(a letter at the end is scratched
through) two beds bedsteads and furniture five Cows and Calves four Ewes
and lambs Two Horses and One Buggy And I also lend to my beloved Wife
Sarah Burns during her Natural life my plantation whereon I now live
with all the household and Kitchen furniture and all the farming
Utensils together with my two Canoes and Seines and upon the death of my
beloved Wife Sarah I give devise and bequeath all except this my
plantation whereon I now live to my Daughter Sarah Caroline Sanders,
Wife of Isaac N. Sanders and her Heirs, Executors, Administrators
assigns for ever the Said plantation I give and devise to my beloved
Grand daughter Sarah Amanda Sanders daughter of Isaac N. Sanders & Sarah
Caroline Sanders her heirs and assigns forever.

3rd. I loan to my beloved daughter Sarah Caroline Sanders to her sole
and Separate use during her natural life the following property (Viz)
The Great Neck Plantation, the Mitchell Swamp land and eighteen Negro
slaves (Viz) Scipio, Rose, Gregos, Simy, Ben, Horace, Dave, Samuel,
Young Scipio, Hary, Gray, Abram, Sillar, Jane, Bill, Ben, Doctor Jim
Linkfield and Doctor Cummings, and upon the death of my Daughter Sarah
Caroline Sanders I give devise and bequeath all the above named property
to Such child or children of her the Said Sarah Caroline Sanders as She
may leave her surviving; and the representation of Sarah as may then be
dead to be equally divided between them their heirs executors,
Adminstrators and assigns forever. And I also give my beloved daughter
Sara Caroline Sanders three feather beds, bedsteads and furniture.

4. I give and devise to my Grand daughter Sarah Amanda Sanders the
plantation whereon I now live Subject to the life estate of my beloved
Wife thereon also the Sanders land and the Odham land where William T.
Hall now lives also two Negro slaves (viz) Anthony and Anarchy to her
and her heirs, Executors Administrators and assigns. But it is my
further Will and desire that if my Said Grand daughter Sarah Amanda
Sanders Should die without leaving lawful issue of her body her
Surviving then that all Said property Shall be equally divided between
all her brothers and sisters.

5. All the remainder of my property including my stock of Cattle hogs
and Sheep I leave to be Sold by my Executors and out of the proceeds I
wish all my just debts paid and the ballance If any I give and bequeath
unto my daughter Sarah Caroline Sanders.

6. I hereby Nominate Constitute and appoint Isaac N. Sanders my
Executor of this my last Will and testament.

In testimony of all which I have hereunto Set my hand and affixed my
seal on this 4th day of May A D 1852
Brice Burns (hand-drawn seal)
Signed published and declared
by the testator after all the
erasures and interlineations
was made as his last Will and
testament in our presence and
in the presence of each other.
Witness R. S. McLean
N.B. Hancock
J. B. Ellis

State of North Carolina
Onslow County
Court of Pleas and Quarter Sessions
December Term 1858
Then was this paper writing exhibited for probate in open Court
purporting to be the last Will and testament of Brice Burns decased and
admitted as Such last Will and Testament upon the Oath and examination
of Nathaniel B. Hancock and Robert S. McLean two of the Subscribing
witnesses thereto and Isaac N. Sanders the Executor herein named
appeared in open Court and was duly Qualified as Executor aforesaid When
this paper Writing was ordered to be recorded and filed as the last Will
and testament of the Said Brice Burns decd.
Jasper Etheridge clk

I, A J. Johnston, Clerk of the Court of Pleas and Quarter Sessions of
Onslow County do Certify that the above is a true copy of the last Will
and testament of Brice Burns deceased now on file in clerks office

Given under my hand this 10th day of March AD 1866 I further Certify
that I have no Seal of office, the Seal having been destroyed by the
army of the United States
A J. Johnston clk



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