1845 - Burton to slaves - Stafford Co, VA
Manumission Item Data Item Type Metadata
Date
11/13/1843
Manumitter
Manumitted
Number of Persons
3
Text of Freedom Document
In the name of Gods Aamen. I Barsheba Burton of the County of Stafford and State of Virginia do make this my last will and testament in manner and form following to wit:
First, it is my will and desire that my Executor hereinafter named shall continue the cultivation of my farm as heretofore with all my servants and such stock, farming utensils, and furniture as he may deem necessary, the same to be under the management and direction of my said Executor from and after my death, and out of the yearly products of my farm so cultivated, my servants are to be comfortably & liberally supported.
Second, should my said Executor hereinafter named at any time believe that my estate will be materially injured by being kept together, or that it will be to the injury of my servants who are to have their freedom, that the farming operations shall be continued or should my servants at any time expressly wish to leave the State of Virginia and be emancipated, my said Executor shall in either of these events dispose of my land and other property except my slaves, at public or private sale, and after paying all my just debts, and all debts and expenses accruing after my death for the support of my slaves and the cultivation of the farm, and also deducting a liberal compensation for his services in attending to the business of my estate & to the interest of my servants, divide the remainder into two equal shares, one half of which to be paid over to my servants, who are to be immediately emancipated, an they to have and enjoy the amount so paid over to them in equal proportions forever, and the other half of the said remainder is to be paid over to my nephew William Burton, his heirs or assigus forever. But it is to be distinctly understood that my said nephew is to have no claim whatever to any portion of my estate until my said Executor shall determine to make sale of my estates and be prepared to make the divisions of the proceeds thereof as aforesaid.
Thirdly, I do hereby constitute and appoint John Moncure of the County of Stafford my Executor and do hereby direct that no security shall be required of him by the Court in which he may qualify, and I do enjoin it upon him and request that he will attend to and see that my slaves are emancipated at any time that they shall express a wish to remove from the State of Virginia, and that he will pay over to them one moiety of my estates as aforesaid at the time of their removal or as early as he can make the necessary arrangements thereafter. The names of my slaves hereby intended to be emancipated are Betty, Henry, his wife Nancy, and their present and future increase. My object, particularly in making my will is for the ultimate emancipation of my slaves which I hope will be attended to according to the directions herein contained.
In witness whereof I have hereunto set my hand and affixed my seal to this my last will and testament this 1st ay of February 1843.
Barsheba Burton (seal)
Signed, sealed & delivered and acknowledged as the
Last will & testament of Barsheba Burton in
presence of Francis Jott, James J. Rouse, John G. Rouse
Stafford County Court, November the 13th 1843
The last will & testament of Barsheba Burton deceased, bearing date the 1st day of February 1843, was this day produced in court by John Burton, an infant, by Jonathan Finnell assigned by the court as guardian ad litem and next friend of the said William Burton & by Arthur A. Mason his attorney appeared & opposed the proof of the said will; whereupon divers witnesses were sworn & examined and the arguments of counsel on both sides fully heard on consideration whereof it is the opinion of the court that the said Barsheba Burton at the time of executing the said will was of sound & disposing mind & memory & that she was under no undue influence, and thereupon the said writing was proved according to law by the oaths of Francis Jott & John G. Rouse, two of the subscribing witnesses thereto and was to be recorded as the last will & testament of the said Barsheba Burton deceased.
Teste, H.N. Conway Cl Cur Stafford
Stafford County Circuit Superior Court of Law & Chancery, June term (the 19th) 1805
William Burton………appellant
against
Barsheba Burton’s representatives…….appellees
Upon an appeal from the sentence of the County Court of Stafford admitting to probate the last will & testament of Barsheba Burton dec’d
By consent of William Burton, the appellant in this case by counsel the order heretofore granted him directing an issue to be made up to try whether the paper writing in the proceedings mentioned is or is not the true last will & testament of Barsheba Burton dec’d is set aside and the appeal from the order of the County Court of Stafford on the 13th of November 1843 admitting the said paper writing to probate, & recording & establishing the same as the last will & testament of the said Barsheba Burton dec’d is dismissed.
Copy Teste H.N. Conway C.C.
First, it is my will and desire that my Executor hereinafter named shall continue the cultivation of my farm as heretofore with all my servants and such stock, farming utensils, and furniture as he may deem necessary, the same to be under the management and direction of my said Executor from and after my death, and out of the yearly products of my farm so cultivated, my servants are to be comfortably & liberally supported.
Second, should my said Executor hereinafter named at any time believe that my estate will be materially injured by being kept together, or that it will be to the injury of my servants who are to have their freedom, that the farming operations shall be continued or should my servants at any time expressly wish to leave the State of Virginia and be emancipated, my said Executor shall in either of these events dispose of my land and other property except my slaves, at public or private sale, and after paying all my just debts, and all debts and expenses accruing after my death for the support of my slaves and the cultivation of the farm, and also deducting a liberal compensation for his services in attending to the business of my estate & to the interest of my servants, divide the remainder into two equal shares, one half of which to be paid over to my servants, who are to be immediately emancipated, an they to have and enjoy the amount so paid over to them in equal proportions forever, and the other half of the said remainder is to be paid over to my nephew William Burton, his heirs or assigus forever. But it is to be distinctly understood that my said nephew is to have no claim whatever to any portion of my estate until my said Executor shall determine to make sale of my estates and be prepared to make the divisions of the proceeds thereof as aforesaid.
Thirdly, I do hereby constitute and appoint John Moncure of the County of Stafford my Executor and do hereby direct that no security shall be required of him by the Court in which he may qualify, and I do enjoin it upon him and request that he will attend to and see that my slaves are emancipated at any time that they shall express a wish to remove from the State of Virginia, and that he will pay over to them one moiety of my estates as aforesaid at the time of their removal or as early as he can make the necessary arrangements thereafter. The names of my slaves hereby intended to be emancipated are Betty, Henry, his wife Nancy, and their present and future increase. My object, particularly in making my will is for the ultimate emancipation of my slaves which I hope will be attended to according to the directions herein contained.
In witness whereof I have hereunto set my hand and affixed my seal to this my last will and testament this 1st ay of February 1843.
Barsheba Burton (seal)
Signed, sealed & delivered and acknowledged as the
Last will & testament of Barsheba Burton in
presence of Francis Jott, James J. Rouse, John G. Rouse
Stafford County Court, November the 13th 1843
The last will & testament of Barsheba Burton deceased, bearing date the 1st day of February 1843, was this day produced in court by John Burton, an infant, by Jonathan Finnell assigned by the court as guardian ad litem and next friend of the said William Burton & by Arthur A. Mason his attorney appeared & opposed the proof of the said will; whereupon divers witnesses were sworn & examined and the arguments of counsel on both sides fully heard on consideration whereof it is the opinion of the court that the said Barsheba Burton at the time of executing the said will was of sound & disposing mind & memory & that she was under no undue influence, and thereupon the said writing was proved according to law by the oaths of Francis Jott & John G. Rouse, two of the subscribing witnesses thereto and was to be recorded as the last will & testament of the said Barsheba Burton deceased.
Teste, H.N. Conway Cl Cur Stafford
Stafford County Circuit Superior Court of Law & Chancery, June term (the 19th) 1805
William Burton………appellant
against
Barsheba Burton’s representatives…….appellees
Upon an appeal from the sentence of the County Court of Stafford admitting to probate the last will & testament of Barsheba Burton dec’d
By consent of William Burton, the appellant in this case by counsel the order heretofore granted him directing an issue to be made up to try whether the paper writing in the proceedings mentioned is or is not the true last will & testament of Barsheba Burton dec’d is set aside and the appeal from the order of the County Court of Stafford on the 13th of November 1843 admitting the said paper writing to probate, & recording & establishing the same as the last will & testament of the said Barsheba Burton dec’d is dismissed.
Copy Teste H.N. Conway C.C.
Record Location
DB NN:476
Document Type
Last Will & Testament
Files
Collection
Citation
“1845 - Burton to slaves - Stafford Co, VA,” Manumission Project, accessed December 10, 2025, https://manumissionproject.omeka.net/items/show/2279.