Will for George Burks (b.1768 Virginia d.1851 Indiana)
Will of George Burks, Hendricks County Court House, Danville, Indiana, Will Book Vol 2, Jun 22,1846 - Jun 26,1862 p.68, located on FHL microfilm #1316574"Will Records v 1-3 Aug 1822-Oct 1880"
In the name of God, Amen.
I George Burks of the county of Hendricks and State of Indiana, being of sound mind and disposing memory, but considering the uncertainty of life and certainty of death do make and publish this my last will and testament, hereby making void all former wills by me at any time heretofor made.
First, I direct that what worldly estates it has pleased God to entrust me with I dispose of the same in the following manner towit: It is my will that my just debts and funeral expenses be paid as soon after my decease as possible out of the first money that shall come to the hands of my executors from any portion of my estate.
2nd I will and bequeath unto my son William J Burks thirty three dollars he having had advanced to him in cash and property two hundred and ninety two dollars, which will make three hundred and twenty five dollars, that being the highest amount advanced to any of my children, my daughter Nancy Bunton having had that amount advanced to her in property.
3rd I will and bequeath unto my son Samuel E Burks thirty three dollars he having had two hundred and ninety two dollars advanced to him in cash and other property.
4th I will and bequeath unto my daughter Mildred Bereman twenty dollars she having had advanced to her in property three hundred and five dollars.
5th I will and bequeath unto my son John D Burks his heirs and assigns forever the following described tract of land towit: The North East quarter of section Number twelve in Township fifteen; North of Range one West lying in the county of Hendricks and also nineteen dollars in money, which together with the amount of money property heretofor advanced to him will make three hundred and twenty five dollars making him equal with those above named children.
6th I will and bequeath unto my son Allen P Burks fifty dollars he having had advanced to him in cash and property two hundred and seventy five dollars.
7th I will and bequeath unto my daughter Mary Ann Burks and to her heirs and assigns forever the following described tract of land towit: The West half of the North West quarter of section thirteen, and the East half of the North East quarter of section fourteen in Township fifteen North; of Range One West in the County of Hendricks estimated to be worth two hundred dollars, I also bequeath unto the said Mary Ann Burks one hundred and twenty five dollars also one bed, bedstead and furniture belonging thereto which has heretofor been called hers, also one Roam horse which has heretofore been called hers.
8th It is my will that after paying all my debts, the expenses of settling my estate and paying off all the legacies herein bequeathed that the balance of my estate be divided equally amongst all my children except Nancy Bunton. I will and bequeath that she the said Nancy Bunton shall receive but one half of what would be coming to her, were she to receive an equal share with the rest of my children, and the other half that would have been coming to her, was she to receive an equal share with the rest of my children, the said Nancy Bunton I will and bequeath to Mary Jane Malone, the infant daughter of Mary Jane Malone deceased, I will that the said infant Mary Jane's part when collected be paid out in interest until she becomes of age, but if the said infant Mary Jane should die at any time before she becomes of age her part of my estate shall return to Nancy Bunton. I hereby nominate and appoint John D Burks and Jesse Bereman executors to this my last will and testament.
In witness where of I do hereunto set my hand and affix my seal this the second day of September AD 1845, signed George Burks
(seal)
Attest: James Dugan
John Darnall
State of Indiana
Hendricks County
In the probate court of Hendricks County, May term 1851
Personally affirmed in open court on this 16th day of May AD 1851 John Darnall one of the subscribing witness to the attached will of George Burks, who being duly sworn, says that whereand the said George Burks acknowledges and declares the same to be his last will and testament and that he subscribed his name thereto as a ...... and of sound mind and memory and not under any coercion whatever.
John Darnell, subscribed and sworn to in open court May 16, 1851.