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I Allen Burrus of the County of Hyde & State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my Last Will and Testament in manner and form following that is to say,

First that my executor (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the money that may first come into his hands as part or parcel of my estate.

Item:  I give and devise to my beloved wife the plantation I now live on with the use and privilege of all the stock and farming tools household and kitching furniture out houses and all the privileges thereunto belonging to raise and school support my children also the negroes now living in the farm for and during the term of her natural life in satisfaction for and in lieu of her dower and thirds of and in all my estate.

Item:  I give and devise unto my youngest son one third of the tract of land I now live on with all the houses privileges of drainways roads &c belonging after the death of my wife to have and to hold to him Walter Preston Burrus and his heirs in fee simple forever.

Item:  I give and bequeath to my Daughter Martha Elizabeth Burrus one third of the tract of land I now live on adjoining Walter Preston Burrus on the East side with all the houses and privileges thereunto belonging to have and to hold to her and her heirs lawfully begotten in fee simple forever my wife life estate excepted devised in a former item of my Will.

Item:  I gave unto my eldest son Thomas S. Burrs the tract of land he now lives on allready deeded off to him to have to hold to him and his heirs in fee simple forever.

Item:  I give and devise to my daughter Mary F. Midyett wife of William F. Midyett the tract of land purchased from Moses Simmons to have and to hold to her and her heirs in fee simple forever together with all the privileges thereunto belonging also I give unto Mary F. Midyett the swamp or woods lands lying on the Fairfield Canal I purchased from David Carter to have and to hold to her and her heirs in fee simple forever.

Item:  I gave unto and devise to my Grandson Joseph A. Mann the houses & lot I purchased from Bennett Sadler lying on the Fairfield Canal with all privileges thereunto belonging to him to have and to hold to him and his heirs in fee simple forever.  I also give unto and devise to my Grandson Joseph A. Mann one fourth of a tract known as my Stradwick land adjoining E.H. Saunderson so that a parallel line acrost the land shall contain one fourth to have and to hold to him and his heirs in fee simple forever with all the privileges thereunto belonging.

Item:  I gave and devise to my eldest son Thomas S. Burrus one fourth of a part of my Stradwick land lying between Walter P. Burrus and Martha Burrus to have and to hold to him and his heirs in fee simple forever with all the privileges thereunto belonging.

Item:  I gave and devise to my youngest son Walter P. Burrus one fourth of a part of my Stradwick land begining at the lane or road made between Simmons or on the line between Simmons & myself where John Gibbs now lives running Eastward so that a parallel line shall contain one fourth of the part or tract between Simmons land E.H. Saundersons to have and to hold to him and his heirs forever with all the privileges thereunto belonging in fee simple.

Item:  I gave to Thomas S. Burrus Walter P. Burrus and Martha Elizabeth Burrus and devise all my Stradwick land back of Simmons up to the John Gibbs lane to have and to hold to them and their heirs in fee simple forever.

Item:  I gave and devise to Walter P. Burrus and Martha E. Burrus the lot on Fairfield where the house was burnt by the Yankees to have and to hold to them and their heirs in fee simple forever.

Item:  My will is that all my negroes now on hand be divided in the following manner to wit Thomas S. Burrus to have my negro woman called Lua & her children & Simon.  Mary F. Midyett to have my negro woman called Jude & children.  Walter P. Burrus to have my negro woman called Emiline with all her children and Martha E. Burrus to have my negro woman called Maria with all her children and my Grandson Joseph A. Mann to have my negro woman called Kate with all her children to them and their heirs forever after my wifes death unless she sees best to give them off any sooner.

My will is that my perishable property at my death be equally divided amongst all my children.

And lastly I do hereby constitute and appoint my son Thomas S. Burrus my lawful Executor to all intents and purposes to execute this my Last Will & Testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other Wills and Testaments by me heretofore made.  In witness whereof I the said Allen Burrus do hereunto set my hand & seal.

Item:  My will is that Walter P. Burrus & Martha E. Burrus have given to them a feather bed & furniture & bedstead apiece to make them equal with my other children.  I also gave unto Martha E. Burrus my negro man called Quash to have and to hold to her and her heirs forever.

In testimony I the said [blank] do hereunto set my hand & seal this the year of our Lord 1864 September 21^st.
    /s/ Allen Burrus    (Seal)

Signed sealed and declared by A. Burrus to be his Last Will and Testament in presence of us who at his request and in his presence do subscribe our names as witness thereto.
    Attest: W.D. Murray
                P.H. Simmons

Hyde County SS    May Term 1866
    Then this paper writing purporting to be the Last Will and Testament of Allen Burrus decd. exhibited for probate in open Court and the due execution thereof by the said Allen Burrus is proved by the oath & examination of William D. Murray one of the subscribing witnesses thereto.  It is therefore considered by the Court that the said paper writing and every part thereof is the Last Will and Testament of the said Allen Burrus and the same is ordered to be recorded and filed.
    /s/ W.W. Spencer, Clerk

This will was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

© 2010 Kay Midgett Sheppard