Berkeley County Circiut Court,
Martinsberg, West Virginia. Will of William
Burns Sr.
Will Book 4, page 123 Dated 29 June 1803
I WILLIAM BURNS SR. of the county of Berkeley
and Commonwealth of Virgina being in perfect
health but far advanced in life and recall
the mortality of Human nature do make and
constitute this my last will and testament
IMPRIMIS I do will devise and bequeath unto
my daughter Rebecca all that tract or portion
of land lying in the said County of Berkeley
in the neighborhood of Warm Spring containing
three hundred acres more or less it being
the same which I purchased from the Hedges
to her and her heirs and assigns forever
- Item I will and devise to my grandson William
the oldest son of my son George and his assigns
forever all my present dwelling plantation
in the County aforesaid on Opequon Creek
to be taken possession of when he arrives
to the age of twenty one years should he
die at an earlier period it is then and in
that event to devolve to his present brother
Joseph forever. But in either case it is
my will that my son George their father have
the exclusive right to it untill the respective
claiment may attain the aforesaid age of
twenty one years. To my sons William and
Robert I give respectively whatsoever they
may owe me at the time of my desease. I will
and bequeath to my son John everything which
he may owe me and be unpaid when I die and
I do hereby confirm to him and his assigns
forever all the lands in fee simple which
he has or may purchase of me. I do bequeath
to my brother Robert now of Pennsylvania
fifty pounds their currency to be paid him
by my Executors on demand. I will and devise
unto my son Robert and his assigns forever
one half of that tract of land in the said
County adjoining Jacob Hess's Mill called
five hundred and fourteen acres be the same
more or less. To Abraham VanMeter Sr. I will,
devise and bequeath two thirds of a tract
of land adjoining his present dwelling plantation
and the remaining one third I will and devise
to his nephew Abraham VanMeter a son of his
brother Jacob respectively to them and their
heirs and assigns forever, It being a remainder
of a larger tract a part of which I have
already sold to my son John. And the rest
and residue of my Estate of every description
after my just debts and funeral charges are
paid I order and direct equally to be divided
among all my children share and share alike.
I order and it is my will that there be no
lawsuits among these interested in this distribution
of my estate [should any doubts or disputes
arise the same shall be submitted to arbitrators
mutually chosen by the disputants], And I
do hereby constitute and order and appoint
my son John Burns and my son-in-law Abraham
VanMeter Sr. my executors for the purpose
of having this my last will and testament
carried into execution according to my true
intent and meaning. In testimony whereof
I have hereunto set my hand and seal the
29th day of June 1803.
Signed Sealed Published and
Declared as and for my last will
and testament in presence of us who
were present at the Sealing and Signing
thereof
Eph'm Gaither
Isaac Evans
James Anderson
Thomas Smith
At a court held for Berkeley County the 26th
day of January 1807.
This last will and testament of William Burns
Sr. was proved by the oaths of Ephriam Gaither
and Thomas Smith, two of the witnesses thereto
and ordered to be recorded and on the motion
of John Burns and Abraham VanMeter, Sr. the
executors therein named who made oath according
to law. Certificate is granted them for obtaining
a probate thereof in due form giving Security
whereupon they together with Security entered
into and acknowledged a bond conditioned
as the Law directs.
Test
D. Hunter C B C
STATE OF WEST VIRGINA
SS:
COUNTY OF BERKELEY
Will Book 5, Page 20
Estate of William Burns Sr. cash settlement
8 Apr 1811 John Burns executor
George Burns $152.63 one of heirs
Robert Burns $160.00 one of heirs
William Burns $ 52.78 one of heirs
Henry Whiteneck $152.63 one of heirs
Abraham VanMeter Jr. $152.63 one of heirs
Abraham VanMeter Sr. $152.63 one of heirs
James McDonald $152.63 one of heirs
Notes: