WILL OF TIMOTHY BURGESS

Russell County, Virginia
Will Book 3, Pages 275 - 277
Executed in South Carolina 18 Aug 1807
Executed in Russell Co. 06 Jul 1819

In the name of God amen! I Timothy Burgess Senr of the district of Kershaw in the state of South Carolina white oak creek being very weak and in a low condition - But of sound mind memory cauling to mind the mortality of my body and knowing it is appointed for all men once to die, I make constitute and ordain this my last will and testament in manner and form as followeth. - Imprimis I leave one sorrel mare & colt feather bed and furniture, and the rest of my household furniture to be sold, and my just debts and funeral charges paid, the remainder to my son John in part of his legacy of my whole estate. - Secondly I leave and bequeath my lands, lying and being in Russell County in the State of Virgina on Cedar Creek and little Mill Creeks being the water of Clinch River to be sold, and the purchase money to be divided into seven equal parts - also whatever corn appears due to me by notes of methodist William Wrights in Russell County aforesaid are to be sold and the purchase money to be divided in the same manner as the land, that is to say between John Burgess James Burgess Thomas Burgess, William Burgess, Timothy Burgess deceased, whose part I leave to my sons john Burgess and William burgess, Elizabeth Campbell deceased her part to her three daughters Lucy Campbell, Elizabeth Campbell and Martha Campbell and Susanna Bridgewater her seventh part of said money except what she has already had, which she must give up to my executors hereafter. And the ballance of her seventh part to be lodged in the hands of my said executors to purchase a tract of land for her to live on her life time and then the said land to be equally divided between her surviving children, thirdly I leave my son James Burgess dec'd part to be put to interest for his heir or heirs if living until it comes of age - and if it dies to be divided among my surviving children. Fourthly and lastly I constitute & appoint my two sons John Burgess, William Burgess, and James Scott executors to this my last will and testament disannulling and revoking aull other testaments wills codicils of wills by me made, ratifying this to be my last will and testament. In witness whereof I have hereunto set my hand and seal this thirtyeth day of July in the year of our Lord one thousand eight hundred and seven - and in the thirty second of the Independance of the United States of America. Signed sealed and acknowledged in the presence of us

Timothy Burgess Senior (Seal)

Thos. Gardner
Lewis Collins
Lewis Cook

South Carolina Kershaw District
By Isaac Alexander Ordinary of said district personally came Lewis Collins and made oath that he saw Timothy Burgess sign seal publish pronounce and declare the within to be and contain his last will and testament that he was at the time of signing the same of sound and disposing mind memory and understanding to the best of this deponents knowledge and belief and that Thomas Gardner and Lewis Cook with this deponent subscribed the same as witnesses at same time qualified John Burgess Executor. Given under my hand and seal this 18th Augt 1807.

I. Alexander Ordy. K.D.

State of South Carolina, Kersha District
I Thomas P. Evans clerk of the court of Ordinary for the District of Kershaw in the State aforesaid, do hereby certify unto all whom it may concern, that the aforegoing instrument of writing is a true copy of the last Will and Testament of Timothy Burgess Senior deceased with the probate thereof annexed; as appears by the records thereof remaining in the Ordinary's office of the said district. Witness my hand and seal this 26th day of May Anno Domini 1819

Thomas P. Evans (Seal)
C.C.O.K.D.

State of South Carolina Kershaw District
I Thomas Salmond Presiding Judge of the Court of Ordinary for the District of Kershaw in the state aforesaid to hereby certify unto all whom it may concern that Thomas P. Evans, who signed the above certificate is clerk of Court of Ordinary for the said District, and that all due faith and credit is and ought to be given to his attestation as such, and that the above attestation is in due and legal form. Given under my hand and the seal of the said Court this twenty sixth day of May Anno Domini 1819, and in the 43d. year of Independance of the United States of America

Tho. Salmond (Seal)
Ordy. Kershaw District

Virginia
At a court held for Russell County the 6th day of July 1819

The within copy of the last will & Testament of Timothy Burgess Sen. deceased was produced in Court by John Burgess executor therein named, and with the certificates thereunder written was on motion of the said executor ordered to be recorded. And upon the further motion of the said John Burgess who made oath as the law directs and entered into bond with Henry Campbell his security in the sum of four thousand dolls. conditioned according law, certificate is granted the said John Burgess for obtaining probat of the said Will in due form.

Teste
James P. Carrell D.C.


This file contributed by: Michael A. Dye


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