1822 - Burwell to unnamed individuals - Franklin Co, VA

1822 - Burwell to unnamed individuals - Franklin Co, VA

04/02/1822

unknown

In the name of God Amen. I William A Burwell a citizen of Virginia & at this time resident in the City of Washington in the public service, conscious of the uncertainty of life & anxious to arrange my private affairs, do make and constitute this my last will & testament, hereby revoking every other.In the first place it is my wish & desire that my just debts shall be paid with the least possible delay & that my Executors shall in my case avoid the payment of a just claim by taking shelter under any law, but shall be governed by the fair merits of the demand for the purpose of paying my debts & complying with my contracts. I leave all my estate of every description responsible in the second place to enable them to comply more easily with this wish, I desire all debts due me be collected (with proper regard to the principles of humanity) & after satisfying the claims aforesaid, invested in some safe stock or public debt of the U States. It my desire that the profits of my estate after defraying expenses shall take the same direction. Item I give to my son William McCreery Burwell and the heirs of his body legally begotten, the whole of my property of every sort & description & every interest I may have now or hereafter. In case my said son shall attain the age of 21 years, I give him in fee simple all the land I now hold or may hereafter acquire, but in case he shall die under the age of 21, or shall die without a child or children legally begotten, it is my wish and desire that all my slaves shall be emancipated, upon condition they shall within five years leave & remain without the limits of the State of Virginia, and in order to enable them to do this, it is my wish & desire they shall be hired out two or three years by my Executors & the proceeds applied inthe best manner in order that they may be enabled to comply with the aforesaid condition. As I hope this subject will be properly attended to by my Executors, I shall desire that they may receive a reasonable compensation for their trouble. In case of thedeath of my son before he arrives at the age of 21 as before mentioned & without leaving a child or children legally begotten, I give & bequeath the land I bought of Standifer upon Stony Creek to George Gilmer (son of P.R. Gilmer) in case of his death, toHarmer Gilmer & in case of his death to Francis Gilmer; my place called Ross’s Quarter purchased od David Ross, I desire may be equally divided between Armstead Burwell & William Burwell (sons of Jn S Burwell). It is my wish that Mr. Williamson’s family shall remain on the place they now occupy during the life time of himself & wife, provided they think proper. To the County of Frankling I leave (in case of my sons death as before mentioned) a suitable piece of land for a poor house & my library of books &maps provided they shall think proper to accept them; but in the case of my library, I hope they will take proper measures to have it preserved & enlarged for the use of the inhabitants, as it may prove essentially serviceable in promoting the morals & information of the people, lastly the residue of my property to be sold & the proceeds together with the debts due my estate to be divided into three parts, two of them to be used in renting or buying land for my slaves in some suitable part of the western country. And out of the other, one thousand dollars to be given Emma Gilmer & the residue to the daughters of Jn S Burwell. To
1822_Franklin_Burwell to unnamed slaves_WB 2_374-5.docx
execute this my last will & testament, I appoint Peachy R Gilmer, John S Burwell & Samuel Cook my Executors. I express the hope they will both qualify & act, Peachy R Gilmer I appoint the guardian of my son William McCr. Burwell to whose kindness & attention I most earnestly recommend him, as the prosperity, happiness & usefulness of my son are more dear to me than any other earthly consideration, I have placed him under my friend, whom I have always found correct & cannot better express my feelings than by delegating to him this sacred trust. In testimony whereof I have hereunto set my hand & seal at the City of Washington January 1st1821. W A Burwell (seal)I must beg my Executors to treat my slaves with strict justice & see that there are never treated with barbarity.At a Court held for Franklin County at the Courthouse the 2ndday of April 1822.This last will and testament of William A Burwell deceased was produced in court, and it appearing to the satisfaction of the court that the said will is altogether in the hand writing of the Testator, it is ordered that the same be recorded. And at a court held for the said County at the Courthouse the seventh day of May 1822, on the motion of John S Burwell, one of the Executors herein named, who made oath as the law directs, and together with Fleming Saunders, Peter Saunders, and Samuel Saunders his securities, entered into and acknowledged their bond in the penalty of sixty three thousand five hundred and twelve dollars conditioned according to law. Certificate is granted him for obtaining a probate in due form, liberty being reserved to the other executors in the said will named to join in the probate when they shall think fit.Teste, Caleb Tate CFC

WB 2:374-375

Last Will & Testament

need to search estate account records to accertain the names of individuals freed