1827 - Burt to Ben - Sussex Co, VA
Manumission Item Data Item Type Metadata
Date
01/04/1827
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
I Herod Burt of Sussex County being of sound mind do make and ordain this to be my last will and testament in manner and form following to say.
1st It is my will and desire that my negro man Ben be free and suffered to remain in this state, but in case the law will not allow him to remain & he prefers going where he can be free, my executors hereafter named are authorized to give him as much money out of the proceeds of my estate as will pay his expenses in going thither.
2nd It is my will and desire that all my property both real and personal not hereafter given may be sold and should the plantation which I purchased of Bailey Mellows sell for more than seventy seven dollars which sum I gave for it, it is my will and desire that the surplus be given to my daughter Sally Mellows and the seventy seven dollars and interest from the time I bought the land till sold to go to the payment of my debts and the balance if any be equally divided among my following daughters namely Rebecca Burt, Sally Mellows, Polly Burt, Susannah Lamb and Patsey Burt to them and their heirs forever.
3rd I give to my daughter Rebecca Burt the following tract of land including any dwelling house which house I wish my daughter Polly Burt to live in jointly with Rebecca during her single life provided she treats Rebecca well, but should she do otherwise, Rebecca at any time by making the same appear may dispossess her the use of the house, beginning at the head of a ditch at a willow oak in the meadow near my dwelling house thence across said meadow South to a scrub oak near the draw bars thence along the path which leads to Barretts meeting house to a pine a corner tree in Moody Burts line thence along said line to a corner tree in William David line, thence along the old line which formerly divided this tract and the land I bought of William Hix to the head of the saw branch, thence down said branch to the meadow thence up the meadow ditch to the beginning to her and her heirs forever.
4th I give to my son William Burt the following tract of land beginning at the same willow oak where Rebecca’s line commenced thence up Jenney’s swamp to the form thence up the North fork to a path leading to Lanes meeting house till it comes to a west made corner tree to Nicholas Morris’ line thence along that line till it comes to Rebecca Williams line thence down her line to the meadow thence up meadow to the beginning also my barrett still and gold worm and my long gun to him and his heirs forever.
5th I give to my son James Burt the following tract of land beginning at the same willow oak thence up Wm Burts line till it comes to Nicholas Morris’ line thence along his line to a corner tree between Peter Booth & said Morris thence along Booth’s line till it comes to a corner pine between Moody Burt & Rebecca Burt, thence down Rebecca’s line to the beginning I also give him my small still and new worm and my other guns to him and his heirs forever.
6th It is my will and desire that all my land and other property not given should be sold and the money arising from the sale thereof be equally divided between my daughters namely Sally Mellows, Rebecca Burt, Susannah Lamb, Polly Burt & Patsy Hines to them and their heirs forever. Lastly I do appoint James Dillard and William P. Carloss my executors. Given under my hand this 18th August one thousand eight hundred and twenty six.
Robert Magee Herod Burt (seal)
Eli Coker
Edward Burt
At a court held for Sussex County the 4th day of January 1827. The last will and testament of Herod Burt dec’d was presented into court by William P. Carloss one of the executors therein named and was proved by the oath of Edward Burt and the affirmation of Eli Coker two of the subscribing witnesses thereto and ordered to be recorded. And on the motion of the said executor who made oath and entered into bond with security according to law, certificate is granted him for obtaining a probate thereof in due form.
Teste, L Lanier Clk
1st It is my will and desire that my negro man Ben be free and suffered to remain in this state, but in case the law will not allow him to remain & he prefers going where he can be free, my executors hereafter named are authorized to give him as much money out of the proceeds of my estate as will pay his expenses in going thither.
2nd It is my will and desire that all my property both real and personal not hereafter given may be sold and should the plantation which I purchased of Bailey Mellows sell for more than seventy seven dollars which sum I gave for it, it is my will and desire that the surplus be given to my daughter Sally Mellows and the seventy seven dollars and interest from the time I bought the land till sold to go to the payment of my debts and the balance if any be equally divided among my following daughters namely Rebecca Burt, Sally Mellows, Polly Burt, Susannah Lamb and Patsey Burt to them and their heirs forever.
3rd I give to my daughter Rebecca Burt the following tract of land including any dwelling house which house I wish my daughter Polly Burt to live in jointly with Rebecca during her single life provided she treats Rebecca well, but should she do otherwise, Rebecca at any time by making the same appear may dispossess her the use of the house, beginning at the head of a ditch at a willow oak in the meadow near my dwelling house thence across said meadow South to a scrub oak near the draw bars thence along the path which leads to Barretts meeting house to a pine a corner tree in Moody Burts line thence along said line to a corner tree in William David line, thence along the old line which formerly divided this tract and the land I bought of William Hix to the head of the saw branch, thence down said branch to the meadow thence up the meadow ditch to the beginning to her and her heirs forever.
4th I give to my son William Burt the following tract of land beginning at the same willow oak where Rebecca’s line commenced thence up Jenney’s swamp to the form thence up the North fork to a path leading to Lanes meeting house till it comes to a west made corner tree to Nicholas Morris’ line thence along that line till it comes to Rebecca Williams line thence down her line to the meadow thence up meadow to the beginning also my barrett still and gold worm and my long gun to him and his heirs forever.
5th I give to my son James Burt the following tract of land beginning at the same willow oak thence up Wm Burts line till it comes to Nicholas Morris’ line thence along his line to a corner tree between Peter Booth & said Morris thence along Booth’s line till it comes to a corner pine between Moody Burt & Rebecca Burt, thence down Rebecca’s line to the beginning I also give him my small still and new worm and my other guns to him and his heirs forever.
6th It is my will and desire that all my land and other property not given should be sold and the money arising from the sale thereof be equally divided between my daughters namely Sally Mellows, Rebecca Burt, Susannah Lamb, Polly Burt & Patsy Hines to them and their heirs forever. Lastly I do appoint James Dillard and William P. Carloss my executors. Given under my hand this 18th August one thousand eight hundred and twenty six.
Robert Magee Herod Burt (seal)
Eli Coker
Edward Burt
At a court held for Sussex County the 4th day of January 1827. The last will and testament of Herod Burt dec’d was presented into court by William P. Carloss one of the executors therein named and was proved by the oath of Edward Burt and the affirmation of Eli Coker two of the subscribing witnesses thereto and ordered to be recorded. And on the motion of the said executor who made oath and entered into bond with security according to law, certificate is granted him for obtaining a probate thereof in due form.
Teste, L Lanier Clk
Record Location
WB K:432
Document Type
Last Will & Testament
Files
Collection
Citation
“1827 - Burt to Ben - Sussex Co, VA,” Manumission Project, accessed November 13, 2025, https://manumissionproject.omeka.net/items/show/2364.