Albemarle Co., VA, Will Book 2, pp 23-24; 6 Oct l753/12 Feb 1756.
In the name of God Amen. I Samuel Burks of Saint Annes Parish & County of Albemarle being of sound mind and memory do make and declare this to be my last will and Testament hereby revoking and making void all other Wills by me formerly made.
First I Give to my son John Peartree Burks and his assignes or representatives my Negro Boy named Prince,
Also I give to my Daughter Mary Smith and her assignes or representatives my Negro Girl named Lyddia,
Also I give to my beloved wife Mary Burks during her natural life the use of the following slaves now belonging to me and in my Possession: Toby, Frank, Nan, Phillis, Tom, Simon, Flora, Be[sse?], Jammy, Will and Lucy.
Also I give to my said wife Mary Burks during her life the use of all my personal Estate not already disposed of. Also my Will is that after my Wife dies the tract of land whereon I now live containing six hundred acres shall be sold and the money arising from the Sale of the said Land shall be distributed in the following manner that is to say,
I give to my Daughter Elizabeth Cabell or her representatives one shailling Sterling Money, to my Son Samuel Burks or his Representatives one Shilling Sterling Money, and to my Son Richard Burks or his Representatives one Shilling Sterling Money. The REsidue of the said money shall be equally divided between my Son John Peartree Burks, Charles Burks and my Daughter Mary Smith and my Grandson Samuel Burks, Son of my son Samuel Burks or their representatives.
Also I give to my said wife Mary Burks the Tract of two hundred acres of Land on Cunningham Creek which I purchased of Edwqard Moody to her and her Heirs forever. Also after my wife's decease I give the remainder of those slaves and their increease in kind & her to have the use of during her life and the remainder of the personal Estate in like manner left, to be equally divided between the aforementioned John Peartree Burks, Charles Burks, Mary Smith and my Grandson Samuel Burks or the repressentatives as this my will that my wife shall have all the uses of my Lands and of the Slaves beforementioned to wit Toby, Frank, Nan, Phillis, Tom, Simon, Flora, Be[sse?], Jammy, Will and Lucy as also the Rest oif my personal Estate before mentioned during her life so I desire she may be undisturbed in that Possession, and it is my will that if any Person or persons on any pretece whatsoever shall endeavour to disturb or molest her in her said Right or possession he, she, or they shall be deprived of all Benefits of this my Will except one Shilling Sterling Money, and the Rest of his or her or their legacies or parts shall be vested in my said wife to her and her assigns.
Lastly, I do appoint my said wife Mary Burks and my friend, John Smith junr, Executors of this my last Will and Testament.
In Witness whereof I have hereunto set my Hand and Seal this 6th day of October in the year of our Lord l755. Samuel Burks [by his mark]
Signed Sealed and published in the presence of: Samuel Hopkins, Joseph Thompson & William Moore the Witnesses thereto and ordered to be recorded & on the motion of the said Executrix who made oath according to Law Certificate for obtaining a probate thereof in the Form of Law was granted her giving Security on which she with John Lewis, Thomas Sanders and John Bebee entered into and acknowledged their Bond for the due and faithful performance of the said will. Teste: John Nicholas, Clk.
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