1839 - Burton to Lucy, et al. - Nelson Co, VA
Dublin Core
Title
1839 - Burton to Lucy, et al. - Nelson Co, VA
Description
Manumission of Lucy, Alexander, Ottey, and Polly Rose through the last will & testament of James Halley Burton of Nelson Co, VA
Date
Manumission Item Data Item Type Metadata
Date
09/23/1839
Manumitter
Number of Persons
4
Text of Freedom Document
In the name of God Amen. I James H Burton of the County of Nelson and state of Virginia, being in feeble health but of sound mind, and disposing memory, do hereby make and ordain this my last will and testament, in manner and form following, that is to say: First. I desire that all my just debts and funeral expenses be paid.
Secondly. I give and bequeath unto my friend Alexander Brown the following slaves Thomas, Lucy, Ottey Rose, Alexander Rose, and Polly Rose, and her child Lafayette, and the increase of the said females within three years after my death to be held by him as his property until the expiration of the said Term of Three years after my death. After which period, I hereby emancipate, liberate and forever set free, all the said slaves above named, and their increase if any and request them as soon thereafter as practicable to emigrate to Liberia, in Africa, as a place better suited for their prosperity and happiness than any location they can make on the American continent. Unless they can by petition, induce the Legislature of Virginia to permit them to remain as free persons in this state.
Thirdly. In case the Legislature should not permit my said slaves to remain in the state of Virginia as free persons, and my aforesaid slave, Thomas, who is aged and infirm should be unwilling to emigrate, then and in that case, he is not to be liberated, and set free as aforesaid, but I give and bequeath him to my friend Alexander Brown, and his heirs forever, in the full confidence that he will be treated humanely and to enable the said Alexander Brown to do so without detriment to himself or his heirs. I do hereby give and bequeath unto the said Alexander Brown, the sum of three hundred and fifty Dollars, to be raised out of my Estate and to be laid out and expended by the said Alexander Brown for the comfortable support and maintenance of the said Salve Thomas as the said Alexander Brown may think best.
Fourthly. After my decease, it is my will and desire, that the residue of my Estate both real and personal be sold by my executor herein after named, on a credit of one and two years as to the land, and of one year as to the personal property; and the monies arising from such sales, after paying my just debts, funeral expenses and the legacy aforesaid, I do hereby give and bequeath to my said slaves Lucy, Ottey Rose, Alexander Rose, and Polly Rose, to be paid to them by my Executor on the day of their freedom, provided they should elect to emigrate to Africa. But should they elect to remain in Virginia, if permitted by the Legislature, then my friend Alexander Brown is to hold the said money in his hands or lend it out as he may think proper and appropriate the same with the acruing [accruing] interest thereon for their comfortable support and maintenance in such manner as he may think best, either in the purchase or rent of lands or otherwise.
Fifthly. In case of the death of either of my said slaves, Lucy, Ottey Rose, Alexander Rose, and Polly Rose, or any of them, I desire that the portion of money so left them shall be equally divided among the survivors. In case the one so dying shall not leave a child or children but in the event of leaving a child or children then such child or children to have the portion of their deceased parent. It being my will that the said slaves should share equally of my Estate.
Sixthly. It is further my will that my friend Alexander Brown shall allow a reasonable hire for the slaves above devised to him, to be divided as aforesaid. And in case any of the principal or interest of the legacy devised for the support of my said slave, Thomas, should remain in the hands of the said Alexander Brown, at the death of the said Thomas I devise that the said surplus should be equally divided in like manner.
I do hereby nominate constitute and appoint my friend Alexander Brown executor of this my last will and testament, hereby revoking all other former wills and testaments made by me in the full assurance that he will accept the trust reposed in him and fully carry out my will. In testimony whereof I hereunto set my hand and affix my seal this 22nd day of August 1839.
James Halley Burton (seal)
signed sealed published and declared as and for the last will & testament of the testator; who have signed the same in his presence & at his request[.]
Tho Garland
Arthur Hopkins
Ro: C: Cutler
At a Court held for Nelson County, the 23rd day of September 1839. The last Will and Testament of James H. Burton deceased, was proved by the oaths of Arthur Hopkins and Robert C. Cutler two subscribing witnesses thereto, and ordered to be recorded. And on the motion of Alexander Brown, the Executor named in said Will, who made oath
Secondly. I give and bequeath unto my friend Alexander Brown the following slaves Thomas, Lucy, Ottey Rose, Alexander Rose, and Polly Rose, and her child Lafayette, and the increase of the said females within three years after my death to be held by him as his property until the expiration of the said Term of Three years after my death. After which period, I hereby emancipate, liberate and forever set free, all the said slaves above named, and their increase if any and request them as soon thereafter as practicable to emigrate to Liberia, in Africa, as a place better suited for their prosperity and happiness than any location they can make on the American continent. Unless they can by petition, induce the Legislature of Virginia to permit them to remain as free persons in this state.
Thirdly. In case the Legislature should not permit my said slaves to remain in the state of Virginia as free persons, and my aforesaid slave, Thomas, who is aged and infirm should be unwilling to emigrate, then and in that case, he is not to be liberated, and set free as aforesaid, but I give and bequeath him to my friend Alexander Brown, and his heirs forever, in the full confidence that he will be treated humanely and to enable the said Alexander Brown to do so without detriment to himself or his heirs. I do hereby give and bequeath unto the said Alexander Brown, the sum of three hundred and fifty Dollars, to be raised out of my Estate and to be laid out and expended by the said Alexander Brown for the comfortable support and maintenance of the said Salve Thomas as the said Alexander Brown may think best.
Fourthly. After my decease, it is my will and desire, that the residue of my Estate both real and personal be sold by my executor herein after named, on a credit of one and two years as to the land, and of one year as to the personal property; and the monies arising from such sales, after paying my just debts, funeral expenses and the legacy aforesaid, I do hereby give and bequeath to my said slaves Lucy, Ottey Rose, Alexander Rose, and Polly Rose, to be paid to them by my Executor on the day of their freedom, provided they should elect to emigrate to Africa. But should they elect to remain in Virginia, if permitted by the Legislature, then my friend Alexander Brown is to hold the said money in his hands or lend it out as he may think proper and appropriate the same with the acruing [accruing] interest thereon for their comfortable support and maintenance in such manner as he may think best, either in the purchase or rent of lands or otherwise.
Fifthly. In case of the death of either of my said slaves, Lucy, Ottey Rose, Alexander Rose, and Polly Rose, or any of them, I desire that the portion of money so left them shall be equally divided among the survivors. In case the one so dying shall not leave a child or children but in the event of leaving a child or children then such child or children to have the portion of their deceased parent. It being my will that the said slaves should share equally of my Estate.
Sixthly. It is further my will that my friend Alexander Brown shall allow a reasonable hire for the slaves above devised to him, to be divided as aforesaid. And in case any of the principal or interest of the legacy devised for the support of my said slave, Thomas, should remain in the hands of the said Alexander Brown, at the death of the said Thomas I devise that the said surplus should be equally divided in like manner.
I do hereby nominate constitute and appoint my friend Alexander Brown executor of this my last will and testament, hereby revoking all other former wills and testaments made by me in the full assurance that he will accept the trust reposed in him and fully carry out my will. In testimony whereof I hereunto set my hand and affix my seal this 22nd day of August 1839.
James Halley Burton (seal)
signed sealed published and declared as and for the last will & testament of the testator; who have signed the same in his presence & at his request[.]
Tho Garland
Arthur Hopkins
Ro: C: Cutler
At a Court held for Nelson County, the 23rd day of September 1839. The last Will and Testament of James H. Burton deceased, was proved by the oaths of Arthur Hopkins and Robert C. Cutler two subscribing witnesses thereto, and ordered to be recorded. And on the motion of Alexander Brown, the Executor named in said Will, who made oath
Record Location
WB E:415
Document Type
Last will & testament
Secondary Source
1841 - Petition to Remain available from Library of Virginia https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma9917819356605756
Files
Collection
Citation
“1839 - Burton to Lucy, et al. - Nelson Co, VA,” Manumission Project, accessed March 27, 2025, https://manumissionproject.omeka.net/items/show/1112.