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JOHN BURNHAM (1764 Will)

The Will of John Burnham

North Carolina }

Pasquatank County }

January Inferior Court of Pleas & Quarter Sessions

Present his Majesty Justices

This may certify that John Rich, one of the subscribing evidences, to the within will appeared in open court and made oath on the Holy Evangelist that he was present, & saw the within named John Burnham dec’d, sign, seal, publish, pronounce, and declare, the within writing to be, and contain his last will and testament, and that he was at that time of sound and desposing mind and memory, and that he also saw Caleb Nash and Timothy Green the other subscribing evidences, sign their names then to at the same time. Then appeared David Burnham, excutor and was duly qualified ordered that the Hon’ble Benj. Heron Esq. benetary ? have notice that letter in May ??. Test Tho.Taylor Jr. Co. Clk

Registered the 11th day of March A.D. 1765 in book 1 fo. (44) Tho. Taylor Jr. Co. Clk

In the name of God Amen, the sixteenth Day of March one thousand seven hundred & sixty four.

I John Burnham of the county of Pasquatank, in the province of North Carolina. being sick and weak in body but of perfect mind and memory, do make & ordain this my last will & testament. that is to say princepally & first of all I give & recommend my soul into the hands of God that gave it & my body I recommend to the earth to be decently buried, & as touching such worldly Estate where with it hath pleased God to bless me in this life I give, demise, and dispose of in the following manner and form.

Item, I give to my son John Burnham my negro man named Abraham

Item, I give to my son Joshua Burnham my negro garl named Meriam and one hundred acres of land on the Northermost part of my New pattant ? to him and his heirs forever.

Item, I give to my son John Burnham sixty acres of land joining to Joshua Burnham to him and his heirs forever.

Item, I give to my son David Burnham sixty acres of land joining to Joshua & John Burnham it being the southernmost part of my new pattant ? & joining Joseph Jones land, to him and his heirs forever, and my negro man named Aron & the plantation & land where I now live & all I have adjoining to it be the same more or less to him and his heirs forever. (This line I can’t read part of it but it is still about David) hogs and one pewter basin, two puter plates & my two negro garls named Fiph and Eve to him and his heirs forever, also two fether beads & furniture & one hand mill and my gun

Item , I give to my daughter Elizabeth Burnham twenty pounds to be paid her by David Burnham in cattle or hogs or any kind of provision or clothing as her nessiby? shall require or five pounds per year til the Legeuies? be paid.

Item, I give to my grandson Timothy Burnham one cow and calf to be delivered him by David Burnham

Item, I give to my son David Burnham my stibynd? and best pot, I also appoint my son David Burnham to take care of my wife, his mother to maintain her ??? her life & I give to my son David Burnham all the remaining part of my estate that is not allready given for that purpose. Here I do make , constitute & appoint my son David Burnham my whole & soul Excutor of this my last will & testament & I do utterly disalow, revoke, & disanull every other former will or testament ever before made by me Ratifying and confirming this & no other to be my last will and testament in witness whereof I have hereunto set my hand & seal the day and year above written, signed, sealed, published, pronounced, and declared by, John Burnham as his last will and testament in the presents of the subscribers.

Caleb Nash

John Burnham (seal )

John Rich Jr.

Timothy Green Executor qualified

Contributed and transcribed by Vera Burnham

 

BENJAMIN BURNHAM (1762 Will)

Will of

Benjamin Burnham

In the name of God Amen, e/y (the) 17 day of May in e/y year of our Lord, 1762, I Benjamin Burnham, of e/y County of Pasqt. in e/y Province of North Carolina, being sick and weak in body but in perfect mind and memory, I do make and ordain this my last will and testament t/y (that ) is to say princepaley, and first of all, I give and recommend my soul into e/y hands of God that gave it and as for my body, I recommend to e/y earth to be decently buried and as touching such worldly Estate wherewith it has pleased God to bless me with in this life I give, devise, and dispose of e/y same in manner and form following, t/y is to say.:

Item : I give to my son Gabriel the West End of my Plantation to a division already made by a fence containing 100 acres.

Item : I give to my son Benjamin and his heirs forever the East End of my plantation to a division already made by a fence containing 150 acres.

Item : I give e/y use of my negro boy James and my negro garl named Sally to my beloved wife Mary Burnham during her natural life & my horse named Pall. and my mare named bonny and e/y and the side saddle and bridle and my cattle and hogs.

Item : I give to my son Thomas my negro garl named Sally after her Mothers decease.

Item : I give to my son Isaac my negro boy named James after his Mothers decease.

Item : I give to my daughter Ann my negro boy named William.

Item : I give to my daughter Mary my negro woman named Diane and my desk..

I do hereby make constitute and ordain my wife Mary Burnham, and my son Gabriel Burnham, my whole and sole Executors of this my last will and Testament. and I do hereby uterly disalow, revoke, and disanull all and every other former wills and ?? and Excutors by me in any ways before, this ratifying and conforming this and no other to be my last will and testament, in witness whereof I have hereunto set my hand and seal e/y day above written.

Signed, Sealed, published, pronounced, and declare, by e/y sd. Benjamin Burnham as his last will and testament in e/y presents of us e/y subscribers.

Signed : Benjamin Burnham

John Jones

Thomas Seals

Nehemiah Jones

Contributed and transcribed by Vera Burnham

 

GEORGE BALLENTINE (1723 Will)

Will of George Ballentine

14 January 1723

Georg Ballintine being Sick weak in body butt Sound and perfect in Mind and Memory Makes his Last Will and Testament. First I Give and bequeath my body to the Earth from whence itt was taken hoping my Soule will Return unto God Who Gave itt.

Then I Give and bequeath to my wife Dinagh my now dwelling house plantation and tract of Land thereunto belonging and all my personall Estate Making her My Executrix acknowleging and Accepting of Same I Witness My hand and Seale this 14 Day of January 1723.

Georg Ballintine [his mark]

Test:

Aaron Oliver

Alexander Ballintine [his mark]

Elinor Hertford [her mark]

Contributed and transcribed by Mary Maarbjerg

 

MATTHEW CLUFF (1845 Will)

The Will of

MATTHEW CLUFF

1845

In the name of God, amen.

I Matthew Cluff do make and ordain this my last will and testament. I give to George Musgrave snr the house wherein same lives and the lot on which it is situated to George Musgrave junr to him and his heirs. I give all the rest and remainder of my estate of every kind to Thomas Allen and appoint him my executor to this my last will and testament.

Matthew (X) Cluff
his mark

In presence of

C.R. Kinney
W.B. Allen
Wm Messenger

The codicil of the Will of Matthew Cluff made to the forgoing will Item I give to William Allen all the profits that have been made in the store during the time he has been my agent or clerk

Matthew (X) Cluff
his mark
C.R. Kinney
Wm Messenger

To George Musgrave Sr

George Musgrave Jr
James C. Scott and wife Margaret

You are hereby notified that at the next term of the Court of Pleas and Quarter Sessions to be holden for the County of Pasquotank on the 1st Monday of June next the Will of Matthew Cluff will be offered for probate.
May 27th 1845
Thos Allen
for C.R. Kinney Sol.

It appearing to the court that notice was given by Thomas Allen Executor of the Will if Matthew Cluff to George Musgrave Sen, George Musgrave Jun and James C. Scott and wife Margaret to appear at this term of the court and approve the probate of said will of Matthew Cluff and they having declined to approve the probate of said will the same was duly proved by the oath of C.R. Kinney and William Messenger in due form and ordered to be executed.

Note by Emily Randall: 

Her sister observed in a letter that Annie Mae Cluff Scott Vaughan did not care for “her Cluff cousins or use the Cluff name.” This will, which practically cut her grandfather’s family off from the considerable fortune of one of Elizabeth City’s leading merchants, probably explains why. There is also the fact that Matthew Cluff was a slaveholder. I have not been able to prove the exact relationship between Matthew Cluff and George Musgrave. Cluffs are as common as Musgraves around Trillick, the town from which George Musgrave emigrated in 1818. Matthew Cluff himself arrived in Norfolk, Va. in 1807. The Kilskeery, County Tyrone, Church of Ireland parish marriage record, unfortunately does not extend to marriages before 1778 and there is no record of a Cluff/Musgrave marriage after that date.

 Contributed by Emily Randall