Last Will and Testament of
William Burton of Accomack County
Made January 5, 1695
Probated March 17, 1695

from Olde Ghote Dr. Wm. S. Burton, himself.

At a Court held in Accomk County March ye 17th 1695

Present Coll Jno West       Capt Geo Nich Hack
    Capt Wm Custis      Majr Rich Bally

IN THE NAME OF GOD AMEN this fifth day of January Ano Dom 1695 according to the Computation of the Church of England I William Burton of Accomack County in Virginia &c being sick and weeke of body but of good memory and Judgment praised be God for the same and Knowing the uncertainty of all things here on Earth, and being desirous to settle things in order and to dispose of that Estate wch God of his goodness far above my deserts hath been pleased to bless me with do make ordaine Constitute and appoint this my last will and Testament to be in manner and form following

Imprm I give and bequeath my soul into the hands of Almighty God who gave it me and my Body to the Earth to receive Such decent Christian buriall as my Executors hereafter mentioned shall be thought meet and convenient in sure and certaine hopes of a Joyfull resurrection in & through the merits and mediation of my blessed Lord and Saviour Jesus Christ.

Item I give and bequeath unto my Eldest son William Burton and to the heirs of his Body Lawfully begotten for Ever a certaine Quantity or Devident of Land Scituate near the Seaboard in the County of Accomack aforesd in a place called the forked Neck near to the plantation where I now live the exact contents or Quantity thereof being at present uncertaine but shall be bounded and included as followeth (viz) To begin at the head of a Gutt towards the bottom of the said forked Neck comonly called the devideing Gutt Thence by a Line of marked trees Called the divissional Line wch was formerly runn to divide one thousand acres of Land purchased of Arthur Robins deceased between Wm. Walton deceased and my self, and from the head of the sd Line where the same doth intersect or a butt on the head Line of the aforesd Thousand acres By a Line to be drawn nearest North by supposicon Directly to a marked white oake standing in the head of a small Branch Comonly called the Cart branch Being ye Eastermost fork to the westward of my Plantacon which extendeth out of the maine Branch The said Tree standing a little to the southward of the sd Cart Road Thence by ye sd fork and maine Branch and Creek and Dividing Gutt untill it cometh to the first bounder being included on all sides by ye aforesd two Lines and the said naturall Bounds being included on all sides by ye aforesd two Lines and the naturall Bounds and is by supposition about seven hundred acres be the same more or Less I say all my Land together with my Plantacon included within the aforesd Bounds I give and bequeath unto my sd son William and to his heirs for Ever.

Item I give and bequeath unto my third sonn Thomas Burton the southern part of the aforesd Forked Neck bounded northerly by ye aforesd Dividing Gutt and Dividing Line of the aforesaid one thousand acres of Landand to continue that Line unto the head of the aforesd one thousand acres of Land, and from thence along ye maine Branch of Nicowamson Creek untill it Comes to the aforesd dividing Gutt according to the bounds thereof as they are contained in the Deed of Saile or Conveyence of the sd Land formerly made by William Waltham unto me I say I give and bequeath the Land together with the Plantation where   [LINE MISSING FROM COPY] sonn Thomas and to the heirs of his Body lawfully begotten for Ever.

Item I give and bequeath unto my sixth sonn Stratton Burton and to the heirs of his Body lawfully begotten for Ever all the Land by me formerly purchased of Coll John West of Accomack County and adjoyning to the Land here before by me given to my Sonn Thomas according to ye metes and bounds thereof as they are contained & expresst in the Deed or Conveyance thereof made by the Said West unto me together wth an addition of all the Land beginning at the maine Branch and running along the said Branch or to a marked White Oake a little way over the path and by a Line drawn from the said oak south west unto the foure hundred acres of Land by me formerly purchased of Coll Edmund Scarburgh.

Item I give and bequeath unto my second Sonn John Burton and unto the heirs of his body Lawfully begotten for Ever all my Lands Contained in a pattent Granted by Sr. Edmund Andross Kt bearing the date at new Yorke the 20th day of September Ano Dom 1677 being for one thousand acres of Land Scituate lying & being in the County of Sussex in ye Teritories of Pensilvania being called long Neck the northeastern side of ye said Neck being half the sd Divident and by me formerly Conveyed to Thomas Bagwell late of Accomack County Deceased so that the southwestern side of sd Neck being half the sd Divident by Estimacon five hundred acres be the same more or Less according to the Severall Courses and bounds thereof as per the said Pattent may appeare I say I give the said Land together with the plantacon thereupon unto my said sonn John and to ye herirs of his Body as aforesaid for Ever

Item I give and bequeath unto my fourth sonn Benjamin Burton and to ye heirs of his Body Lawfully begotten for Ever Six hundred acres of Land Scituate lying and being near Assateag on the sea board side in Somersett County in the Province of Maryland commonly called Dioce together with the Plantacon thereupon wch said six hundred acres of Land I formerly purchased of Henry Bishop according to the bounds thereof as per his Conveyance bearing date the 6th day of January 1686 may more fully appear, and upon which George Latham land of Somersett County aforesd deceased did formerly live 

Item I give and bequeath unto my fifth sonn Joseph Burton and to the heirs of his Body Lawfully begotten for Ever Three hundred Eighty seaven acres and a half of Land being the one moiety of seaven hundred seaventy five acres of Land scituate lying and being on the North Side of ye Indian River in the County of Sussex in ye Territories of Pensilvania being formerly Pattented by Mr Thomas Welburne and by him sold to John Parker of whom I purchased the same my said sonn Joseph to run Easterly upon the said River for his bounds for soe much as is his just moiety or half of the said seaven hundred seaventy five acres of Land.

Item I give and bequeath unto my seaventh Sonn Woolsey Burton and to the heirs of his body Lawfully begotten for Ever Three hundred Eighty seaven acres and a half of Land being the other moiety or half of ye aforesd seaven hundred seaventy five acres of Land scituate lying and being on the North Side of the sd Indian River in ye Territories of Pensilvania aforesd my sd Sonn Woolsey to have the bounds of his sd Land to commence from the end of Josephs Line upon the River unto the full extent of the bounds of the said Land which is unto a certaine Gutt that parts the said Divident of seaven hundred seaventy five acres of Land from the Land of Robert Burton

Item I give and bequeath unto my Three first mentioned sonns William Thomas and Stratton above mentioned all my Right Title and Interest off in and to the Island Called Ceder (---) Island Scituate near to ye sea within the precincts of Accomack County being formerly in gi(-------------) Tenancy to amongst and between The said William Thomas and Stratton and to the Lawfully begotten heirs of their Bodies for Ever in manner and form following That is to say that Each of my said Sonns and their Heirs as aforesaid for Ever shall have priviledge to Keep and pasture and equall number of Cattle or horses Except my Son Stratton and his heirs, whose Land on ye maine being in ye woods remote from Marshes I do hereby give and assign him and his heirs as aforesd full priviledge & liberty for Ever to keep & pasture at convenient times for yt occasion Six head of Cattle or Horses over and besides what number his other two breathren may keep Thereupon alwaies provided and it is my will & desire that none of my sd children shall or may claime priviledge to Keep or pasture any Cattle on ye sd Island at any time without ye consent of ye other brothers Concerned but that are really and bonn fide their own Creatures the other half of ye sd Island being by me formerly Conveyed to Thomas Bagwell late of the County deceased.

Item I give and bequeath unto my Eighth Sonn Jacob Burton and to the heirs of his body lawfully begotten for Ever four hundred and fifty acres of Land part of a Divident of six hundred acres of Land formerly purchased of Thomas Jones Liveing near Lewis Towne in the Territories of Pensilvania which said Land Lyeth upon ye Indian River Contiguous to the land here before by me given to my sonn John, the other one hundred & fifty acres belonging to William Bagwell of Accomk County must be laid out for him out of that part of ye sd six hundred acres next adjoyning upon the Land that was formerly his Father Thomas Bagwell late deceased.

Item I give and bequeath unto my ninth sonn Samuel Burton and to the heirs of his Body lawfully begotten of or Ever five hundred acres of Land scituate lying and being on the south side of the Indian River which I formerly bought of John Barker and paid him the full purchase thereof, but for as much as the sd Land is not yet conveyed to me by the sd Barker I doe hereby strictly Charge and comand my son William Burton that he faile not as expeditiously as may be to use his best and utmost endeavours to procure a good and sufficient pattent or Conveyance for the sd five hundred acres of land either in my said Sonn Samuel his name and to the use of him and the heirs of his Body as aforesd, or if it be in his own name then to convey ye sd Land as soon as conveniency will permitt to my sd sonn his heirs as aforesd by a good and sufficient conveyance as ye Law requires, and to acknowledge or cause ye sd conveyance to be acknowledged by himself or by his attlorney Lawfully authorized to performe ye same in ye County Cort where th sd Land shall be found to lye as expeditiously as may be, and I also require & Command my sonn John to be aiding and assisting to his sd brother William in procureing the same, and in case of his mortallity to performe ye same himself or Cause to be faithfully and honestly done as before is by me directed.

Item It is my will and desire that in Case of mortality of any my before named or menconed sonns without Lawfull heirs as aforesaid all the Lands hereby given him or them so dying shall go and descend as followeth (viz) If my sonn William shall first decease without heirs as aforesd all the Lands herby given him on the maine shall go and descend unto my son Stratton and to heirs Lawfully begotten for Ever: and in case my said sonn Stratton shall decease without heirs maine shall go and descend unto my sonn William if Living and to his heirs lawfully begotten for Ever: but if my sonn Thomas decease without heirs lawfully begotten as aforesd and my sonn William and Stratton shall be then living then it is my will and desire that the Land on the maine hereby given to my sonn Thomas shall [BOTTOM LINE MISSING FROM COPY] given to Thomas as aforesd on the maine shall then be & remaine to my said sonn Stratton and the heirs of his body Lawfully Begotten for Ever so that my desire and meaning is that all the Lands that I have in this County shall be Entailed on among and between my aforesaid Three sonns (viz) William Thomas and Stratton and their heirs Lawfully begotten as aforesd for Ever only ye Island to remaine in joynt Tennancy Equally among or between my surviving sonns, and in case any of them shall decease without Lawfull Issue neither shall any other of their brotheren nor their heirs as aforesd Claime any right or sucession in or to any Lands wth in this County given by me as is afore Expressed, so long as any of the aforenamed Three sonns or aney of their Issue lawfully begotten shall be living to inherit ye whole ________________    and in like manner I do order and Entaile what Lands I have given in the County of Susex in the Territiories of Pensilvania among and between my before menconed sonns (viz) John Joseph and Woolsey that is to say if my son John shall decease without Lawfull Issue as aforesd Then the Lands given to the said John shall go and descend to my sonn Woolsey and Joseph to enjoy ye whole quantity of seven hundred seventy five acres here before given by me between him and Woolsey, but if either Joseph or Woolsey shall decease then the survivor of them or his heirs as aforesd to enjoy the aforesd 775 acres of Land finally no other of their brethren nor their heirs are to have any claime any right of Inheritance of the Land lying in the County of Sussex given by me here before to my sonns John Joseph and Woolsey so long as my sd sonns or any of them or their heirs as aforesd are living, and the Lands here before given to my sonn Benjamin in Case he decease without like Lawfull Issue to descend unto my next Lawfull heirs by discent so that my desire is that none of my sonns aforesd or their heirs as aforesd shal at (---) time or times for Ever hereafter have priviledge to al (-----) sell give dispose or transferr any of their Lands giv(-------) as above is menconed out of the family and na(-------) Burtons, so long as any of their family or na(-----------) being, but if ye name should happen to be (----------) ------- the Lands to Descend to ye next Lawfull he(___________________-)sex forever. P 103 Nevertheless it is provided that if any of my sons aforesd should Incline or thinke fitt to sell or transferr any of their Lands by me herein given to them or any one of them, It is and shall be Lawfull for them or any of them to sell their Lands to any of their breathren or to their heirs any thing herein Contained to the Contrary thereof in any wise notwithstanding but to no other person or persons whatsoever neigher shall the purchaser therof have power or liberty to dispose of the sd Land so purchased by him oute of the maine or Family of their sd breathren or their Lawfull heirs as aforesd for Ever.

Item – I give and bequeath unto Each of my nine Sonns here before named one Feather Bed and Boulster two pillows one Rugg and one pair of Blankets, and also to Each of them six Couws and their Calves, and six steers and a Bull and to my son William I give my pistols and holsters my Cutless and my best Troopers Saddle, and to my son John one Gun, to my sonn Thomas one Gunn, To my Sonn Benjamin one Gunn, and to my son Joseph a Gunn. Item I give my Sonns William John Thomas Benjamin Joseph Stratton Woolsey and Jacob to each of them one silver spoon and to my youngest sonn Samuel tenn shillings in money or one silver spoone of that and to each of my said sonns one Iron pott all which together with their Lnd shall be paid and delivered to each of them at the age of one and Twenty yeares if their Mother shall live so long as to see them & every of them to attaine unto that age but if she decease before that time then they shall be

[BOTTOM LINE MISSING]

----- that are thereunto belonging between my loving wife and my sonn William I say equally betwixt them during her naturall Life and after her decease unto my sonn William and his heirs for Ever and also the Still and Materialls thereunto belonging, which I have sent to England, for when the same shall arrive they paying equally between them what shall remaine due for the same.

Item I give and bequeath unto my loving and well beloved wife Ann Burton her choice of one moiety of all the houses yt are now upon my Plantation where I now live and at the points, and also one moiety of the Orchards and all other Conveniencies whatsoever during her natural life and also the use and benefit of all my Negroes, and after her decease so many of the said Negroes or their increase as shall be then living shall be equally divided amongst my youngest Children that is to say to Each of them one and my youngest sonn Samuel to have his first choice and so to Continue so long as there are any Negro or Negroes to be divided the choice to belong to next youngest sonn, only I give my loveing wife free liberty to dispose of my Negro called Prince as shee shall see most meet and convenient for owne use and benefitt without being accountable for the same to any person or persons whatsoever, and the other Moiety of the houses upon my said Plantation and at the pointe together with the one Moiety of the Orchards I give unto my sonn William during his mothers Naturall life as aforesd

Item I give unto my daughter Agnes Revill one tenn shillings piece of Gold for a Legacy and to her daughter Frances one small Gold Ring, and to her sonn Edward and Daughter Elizabeth to each of them one Tenn Shillings piece of Gold all the residue and remainder of my Estate whatsoever my debts paid and Funerall Expences discharged I give and bequeath unto my loveing wife and to her heirs or assigns for Ever And I do hereby Constitute and appointe my aforesd Loveing Wife Ann Burton, and my Sonn William to be joynt Executrix and Executor of this my last Will and Testament hereby revokeing and disanulling all other former Wills and Testaments whatsoever by me formerly made and appointing and confirming this to be my last Will and Testament, and I earnestly desire and request my well beloved friends Capt William Custis and William Nock and my loveing sonn in Law John Revill to be aiding and assisting unto my said Executrix and Executor here in these parts for their better Executing of this my last will and Testament according to the true intent and meaning thereof and to see that my children may not receive any wrong or prejudice to the best of their Judgment and Knowledge, and I humbly make the same request and to the same purpose to my very good friend Mr. John Hill of Lewes Towne in the Territories of Pensilvania and for the better Confirmation and Witness hereof and all and singular other the prmises I have hereunto set my hand and affixed my seale the day and Year first above Written

Willi Burton
ye seal

Sealed & Delivered In prsence of 
John Revell, Robert Scott, James Smith, Robert Edge

This day being the 18th of February anno Dom 1695 Mr. John Revell and Mr. Robert Scott Two of the witnesses to the within last Will and Testament of Mr. William Burton late deceased made oath in open Court of Accomack County that they saw the same sealed Delivered and Published as the act and Deed of the Testator and declared the same to be his last Will and Testament Teste Jno Wasbourne Cl Cur Com Accomack

James Smith also another Witness to the within last will and Testament of Mr. William Burton likewise made oath  in open Court of Accomack County March ye 17^th 1695 that ------ ye Court allowed for Legall probacon and ordered ye same to be put on Record

Teste Jno Wasbourne Cl Cur Com Accomk

Recorded March ye 24th 1695 p me Jno Wasbourne Cl Cur _______

Accomk County 
in Virga SS

To all to whom These Presents shall Come I Charles Scarburgh of the County of Accomack in Virginia aforenamed esqr send gretting in our Lord God Everlasting Know Ye That by vertue of ye Power and authority by his Excellcy Sr. Edmund Andros Knt his Majties Lt & Governr Generll of Virga his Comission under this hand and the seale of ye Colony bearing date ye 11th day of May anno Dom 1695 Impowring me ye sd Charles Scarburgh for ye greater ease of ye Inhabits of this County to signe & seale all such Probats and administracons as should be passed in Accomack County Court and ye same to be effectuall to all intents and purposes as if passed by his Exellcy himself AND WHEREAS Mr. William Burton late of this County decd did by his Last will and Testamt in writeing ordaine & appoint Ann his wife Relict of ye sd william burton & his son william burton joynt Executx and Executr of his sd last Will and WHEREAS ye sd William Burton did at a Cort held in Accomack County February ye 18th 1695 Relinquish the charge reposed in him by ye Testatr as joynt Executr wth his mother in ye aforesd Will and ye sd Ann burton haveing made humble suit to ye Cort yt a Probt of ye sd Will might be granted her at a cort held in Accomk county aforesd March ye 17th 1695 for which cause full power & Lawfull authority is hereby given & Granted unto her ye sd Ann burton to dispose of all & singular ye goods Rights & Credits of ye sd decd according to ye true intent and meaning in ye sd Last Will & Testamt Expressed & to render an accot thereof when thereunto Lawfully required Given under my hand & seal this 17^th day of Aprill anno Dom 1696

Cha: Scarburgh

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