Albemarle Co., VA, WB 2, pg l0-11; 5 Jan l743/13 July 1753.
In the name of God Amen. I Samuel Burke Junr of Albemarle County being sick and weak but of perfect mind & memory. Thank Almight God for it, do this fifth day of January One Thousand Seven hundred and forty three make Constitute and ordain this my last will and testament in manner and form following. To wit:
Item. I give and bequeath unto my son David Burke, Richard Burke, John Burk & Charles Burke, and to their Heirs forever to be Equally divided between my said sons, when David Sahll atain the age of twenty one years my Eight Hundred Acres of Land I hold on pedler River.
I give and Bequeath to my Son George Burke and to his Heirs forever, one hundred and fifty acres of land I now dwell on.
I give to my Son Samuel Burk, and to his heirs forever, my entry of one Hundred Acres of Land I hold on Tye River.
I give and bequeath to my Daughters, Elizabeth Burk, Mary Partree Burk and Million Burk and to their heirs, when they shall Marry or attain to twenty one years, twenty five pounds current money of Virginia to each of them.
Item. I give and bequeath to my loving wife, Elizabeth and to her heirs for ever, Fifty acres of Land an Entry I hold on [?Wills creek?]
I lend my said wife so long as she remains my widow, and no longer, my Negro man Adam and all the use of my estate real and personal, for the maintainance and bringing up of my children but in case my Said wife Elizabeth Should marry or when she departs this life then and in that case my will is that all my Estate lent to her shall be Equally divided between all my children before mentioned. My will is that My Estate shall not be appraised. I do nominate constitute and appoint my wife Elizabeth Burk and David Mims Executors to this my last will and testament making void all other wills before by me made. Samuel Burks, Jr. [by his mark] S.S.
Signed Sealed published and Declared this above writing to be his last will & Testament, In presence of us: Wm Megginson; James Freeland, jur; James Spears; William Hawk.
At a Court held for Albemarle County the thirteenth day of July MDCCLIII, This last will and Testament of Samuel Burk dec'd was presented in Court and proved by the Oath of William Meggenson one of the Witnesses thereto & ordered to be Recorded and on the motion of Elizabeth Burks one of the Executors, therein named who mae Oath According to Law Certificate for obtaining probate thereof in due form was granted her giving Security on Which She with William Megginson and William Cabel her securities entered into & acknowledged their bond for the due & faithful Execution of the Said Will. Teste: John Nicholas, Clk. This will further proved in March l754.
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