In the name of God Amen. I, Fleming Burk, Senior, of Russell County and State of Virginia, being now considerably advanced in life and in feable health, and desiring to dispose of all my estate which I have not already advanced to and divided among my children, do make this my last Will and Testament, as follows:
First: I set apart one half acre of ground on the plantation upon which my dwelling is situated, as a burial ground, including the present graveyard and to be laid off by the executor of my will and to be used as a burying place for myself and descendants so long as they may wish to use the same for that purpose.
Second: I give and bequeath to my son William Burk, a Negro boy slave named Aaron which he has had in possession for several years; also a Negro man slave named Ben, about 24 years of age. I also give him and his family the privilege of using water out of the spring near my dwelling house in the same manner that they have heretofore had that privilege, so long as they may desire the same so as not to injure any property on the place in procuring the water; and I also give him and his family the privileges of hauling timber from his or their land through the tract of land and plantation I now live on, so as not to injure my crop that may be growing on the plantation at the time.
Thirdly: I give and bequeath to my son John Burk and his heirs forever all that tract of land and plantation upon which my dwelling house stands, subject to the privileges above granted to one half acre of land for a burying place, and to the privileges above named to my son William and his family. I also give to my said son John one ox-cart with its fixtures now used upon my plantation.
Fourthly: I give and bequeath to my daughter Nancy Vermillion and her heirs, one bed and furniture, one bureau in my room where the fire place is, a Negro woman slave named Priscilla and two hundred dollars in cash.
Fifthly: I give and bequeath to my daughter Jane Jessee and her heirs, a Negro woman slave named Tempe(?); also one bureau in my back room, one bed and furniture, and one hundred and forty nine dollars in cash, she having already received fifty one dollars.
Sixthly: I give and bequeath to my grand children, the children of my daughter Polly Fuller, deceased, and their heirs, one Negro boy named Harvey about 12 or 13 years of age, one bed and furniture and two hundred dollars in cash; in which they are all to have an equal interest or share.
Seventhly: I give and bequeath to my grand children, the children of my daughter Sally Browning, deceased, and their heirs, one Negro woman slave named Peggy, about 15 or 16 years of age, one bed and furniture and two hundred dollars in cash, in which they are all to have an equal interest or share.
Eighthly: I liberate, manumit, and forever set free my Negro woman slave Betsy, now upwards of forty years of age, in consideration of her faithfulness in serving and attending to me and my family; and I set apart out of my estate the sum of fifty dollars to be placed in the hands of my son William, as trustee for her, or in case of his death or refusal to take charge of it, then in the hands of my executor, to be applied for the use and benefit of said Betsy, as said trustee or executor may think proper to apply it, until it may all be exhausted.
Ninthly: I desire that all the debts which may be owing to all at the time of my decease, be forthwith collected, and that all my personal estate, not herein particularly disposed of, be sold immediately after my decease, without appraisement; and that after my just debts and funeral expenses are paid out of the same, it be divided and I give and bequeath the same as follows, after satisfying other specific legacies:
To my son William Burk and his heirs, one equal share or eighth part,
To my son Robert Burk and his heirs, on equal share or eighth part,
To my son John Burk and his heirs, one equal share or eighth part,
To my son Flemming Burk and his heirs one equal share or eighth part,
To my daughter Nancy Vermillion and her heirs one equal share or eighth part,
To my daughter Jane Jessee and her heirs, one equal share or eighth part,
To the children of my daughter Polly Fuller deceased, one equal share or eighth part in equal proportions to
them,
To the children of my daughter Sally Browning deceased one equal share or eighth part, in equal proportions
to them,
Lastly, I do hereby constitute and appoint Mr. Isaiah Fuller, my son-in-law, executor of this my last Will and Testament, hereby revoking and disannulling all former wills by me heretofore made.
In witness whereof I have hereunto subscribed my name and affixed my seal, this 26 th day of March in the year of our Lord 1846.
Flemming X Burk {Seal}
Signed, Sealed and published
in the presence of:
John Grace, James P. Carrell
Virginia, to wit:
At a Court held for Russell County, at the Courthouse on the 5th day of April 1848:
This Instrument of writing was exhibited in Court as and for the last will and Testament of Flemming Burk Sen'r dec'd, and proven by the oath of John Grace one of the subscribing witnesses thereto, and continued for further proof
And, at a Court held for said County, at the Courthouse on the 21 day of May 1848: This Instrument of writing was again produced in Court, and further proven by the oath of James P. Carrell the other subscribing witness thereto, and ordered to be recorded; and on the motion of Isaiah Fuller executor therein named who made oath thereto, and together with John Browning and Robert Burk his securities, inhand into and acknowledged a bond in the penalty of $4000.00 conditioned as the law directs, certificate is granted him for obtaining probate of the said Will in this(?) form.
Test't,
James P. Carrell, C.R.C.