Will of Pleasant M. Burgess

Source: Monroe County, Missouri--Will Book B, pgs. 377 – 378; provided by Virginia “Ginny” Thomas at ebeachbums@worldnet.att.net

“Pleasant M. Burgess of the County of Monroe and state of Missouri being sound in mind but weak in body, and knowing the frailty of human nature, and that must die sooner or later, and in view of these facts do ordain and establish the following and surely revoking all former wills by me made, as my last will and testament. In the first place I wish all my just debts to be paid.

2nd I give and bequeath to my daughter Susan M. Poage and her heirs two Negro Girls named Muriah and Manetta together with their future increase.

3rd I give and bequeath my daughter Mary T. Dulany and her heirs Our Negro girl named Elizabeth and her future increase.

4th I give and bequeath to my daughter Ann W. Wilson and her heirs one Negro Girl named Ellen and her future increase.

5th I give and bequeath to my beloved wife, Rebecca C. Burgess, all the balance of my property both Real and Personal (not named herein before) at her own disposed and to manage as she may think proper and without her having to Administer or bring put to any trouble whatever in going to Court about it during her natural life, or so long as she the said Rebecca shall Remain a widow.

In the next place it is my wish that after her death, that the children of my Son William H. Burgess, to wit: Robert Burgess and Lavina Burgess, have two Negro boys named Edmond and Sam and eighty acres of Land to wit the west half of the South West quarter of Section 18 T. 55 R 8 West and that the same be placed in the hands of my Son Robert M. Burgess as their Guardian for their use and benefit until they arrive at years of discretion, unless the said William H. Burgess shall Return from California before the death of my wife the said Rebecca, if the said William H. Burgess should return before that event, then and in that event he shall have the Negroes and land aforesaid and should he fail to Return as aforesaid then he shall have One dollar and the children above named shall have the property as aforesaid. And that my Son John C. Burgess have two Negro boys, named Jim and Archy, and Eighty Acres of Land, the West half of the South East quarter of Section 18. Township 55 Range 9 West. 

And that my son Robert M. Burgess have the balance of my lands including the Mansion house and other improvements, also the Eighty acres bought of R. E. Kimbrough and wife off the North end of the North West quarter of Section thirty T. 55 R 9 West. Also two Negro boys named Isham and John and it is particularly understood that the Negroes bequeathed to my sons or Grand Children above named is intended for theirs and their heirs. The balance of my Negroes and their increase I wish equally divided among my three daughters, Susan M. Poage, Mary T. Dulany and Ann W. Wilson to them and their heirs.

I wish my stock of every description, my plantation utensils, household and Kitchen furniture sold and equally divided among my five children Susan M. Poage, Mary T. Dulany, Ann W. Wilson, Robert M. Burgess and John C. Burgess and William H. Burgess should he return as aforesaid, should he not Return, then to his children My Grand Children Robert Burgess and Lavina Burgess one Sixth jointly of the proceeds of the last mentioned items to be sold or equivalent to the share of Wm. H. Burgess were he to Return from California in the same.

I do here by appoint my two sons John C. Burgess and Robert M. Burgess, Wesley Wilson, Marcus Poage, Daniel M. Dulany, My executors to this my last will and testament.

In witness whereof I have hereunto set my hand and affixed my seal this the 8th day of July AD 1856 (the interlining done for the signing).

In presence of as    Pleasant M. Burgess 

Seal

W. N. Penn

George Glenn

State of Missouri 

County of Monroe

      Be it Remembered that on this 5th day of October 1857 a paper or instrument of working purporting to be the last will of Pleasant M. Burgess, deceased, was presented to the Court for probate, and thereupon personally appeared in Open Court, George Glenn and William N. Penn the subscribing witnesses to said will who being by one of the court duly sworn the said George Glenn deposes and says that the said Pleasant M. Burgess the Testator subscribed the same in his presence and published the said will or instrument of writing as his last will, and the said W. N Penn deposed and says that the said Pleasant M. Burgess the Testator either subscribed the same in his presence or declared that he had subscribed the same and published the said will as instrument of writing as his last will, and each of said deponents further depose today that the said P. M. Burgess, the Testator was at the time of publishing his said will of sound mind and more than twenty-one years of age and that they the said deponent attested said will is witnessed thereto by subscribing their names to the same in the presence of said Testator at his request.

                                                George Glenn

                                                W. N. Penn

Which said proof is deemed by the court sufficient to establish said will In testimony whereof I W. N. Penn clerk of the County Court of the County of Monroe have hereunto subscribed my name and affixed the seal of said court this 5th day of October 1857.

Seal        W.N. Penn clerk

Graphics courtesy of Rhiossampler