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Biography
Family
Harry and Rosa
Their children
- Mary (and her children)
- Nathan
- Handsome
- Louisa
- Puss
- Charles
- Jeff
- George
- Susan (and her children)
- George
- Margaret
- Mary
Enslavement
Rosa Burton was enslaved by Jacob Burton Jr (1792–1864), and his wife Rachel Sewell (1792-1884). The first document we have confirming this is an 1848 draft of the will of Jacob Burton Jr. In other records of the estate there are details of the children of Harry and Rosa, so it is likely their enslavement by this family existed at the time these children were born. Records for Jacob Burton show he was married to Rachel Sewell in Madison County Georgia, in 1813. By the time of the 1840 Census Jacob and family had moved to Chambers County, Alabama. It is likely that Harry Burton and wife Rosa came to Alabama at that time.
Jacob Burton died in Lafayette, Chambers County, Alabama 4 May 1864. Much of what we know of our Rosa Burton comes from Jacob's estate records.
We know that an 1848 version of the will shows Harry and Rosa and their family are among those held as slaves. It specifically mentions Harry as being 54 years old at that time. We know that in 1850 Jacob and those he enslaved are recorded in District 19, Chambers County, Alabama. As shown below, we get Rosa's birthyear from her 1865 sharecropping agreement with her age approximated at 60.
Here is the 1864 version of the will that was probated.
Accessed August 30 2015
- Jacob Burton's Will (dated 1862) with slave listings
- By:Kenneth Hugh Burton
- Date: 12/16/2002, 9:44 am
- Jacob Burton's Will
In the name of God Amen I Jacob Burton of the County of Chambers and the State of Alabama being afflicted in body and mindfull of the shortness of life and the certainty of death and being blessed with a sound mind and disposing memory with the desire of making a proper disposition of the property it has pleased God to bless me with do make public and declare this to be my last Will and testament hereby revoking all former Wills by me made.
- First
- Trusting in God for a glorious resurrection unto eternal life I Submit my Soul to him who gave it and desire that my body be decently interred.
- Item 2nd
- My Will and desire is that all of my debts and funeral expenses be paid as soon after my decease as practicable.
- Item 3rd
- I give and bequeath to my beloved wife Rachel Burton the following property to wit the land on which I now live known and described as follows, the South East quarter of Section thirty, 30, and Township twenty two, 22, and range twenty seven, 27, together with all the improvements thereon, Cotton Gin and all the appurtenances thereunto belonging House hold and kitchen furniture, The farming utensils of every kind, Cart and Steers Buggy and harness, Tools of every description, The Stock of all kinds, exception hereinafter made, Also the following named negroes Harry and Rosa his wife, Mary and Nathan, Son and Daughter of Harry and Rosa, Washington, the son of Mary, also the youngest son of Mary by the name of John, Warren the son of Anis and Sarah the daughter of Silah so long as the Said Rachel Burton shall live.
- Item fourth
- To John W. Burton I have heretofore given land in Tallapoosa County Alabama the description of which will more fully appear by reference to Deed of Conveyance heretofore executed to the Said John W. Burton and whereas I have heretofore given to the Said John W. Burton the following named negroes to wit, Berryan (sic) and Mariah, Son and Daughter of Lucy, Catherine, daughter of Seller, to him and his heirs forever hereby Confirming the advancements to the Said John W. Burton and his heirs forever together with all the future increase as his full distributive share of my Estate.
- Item fifth
- To my son Robert P. Burton I have heretofore given land in Tallapoosa County Alabama the description of which will make fully appear by the Deed on Conveyance heretofore granted to the Said Robert P. Burton, And whereas I have heretofore given to the Said Robert P. Burton the following named negroes to wit, Handsome (sic) and Louisa, Son and Daughter of Harry and Rosa, Josephine the daughter of Lucy, to him and his heirs forever hereby confirming the above advancements to the Said Robert P. Burton and his heirs forever together with all the future increase as his full distributive share of my Estate.
- Item Sixth
- To Saml. (sic Samuel) W. Burton I have heretofore given land in Tallapoosa County Alabama which will appear by a Deed of Conveyance made by me to Robt. P. Burton and the Said Saml W. Burton which land has been divided between the Said Robt. P. Burton and the Said Saml. W. Burton and whereas I have heretofore given the Said Saml. W. Burton the following named negroes to wit Martha a daughter of Mary, Minerva, daughter of Lucy, to him and his heirs forever hereby confirming the above advancements unto him his heirs and Assigns as his full distributive share of my Estate.
- Item Seventh
- To Jacob T. Burton land in Tallapoosa County Alabama which will more fully appear by a Deed of Conveyance made to the Said Jacob J. Burton and John W. Burton which land has since been divided between the Said Jacob J. Burton and John W. Burton and whereas I have heretofore given to my Son Jacob J. Burton the following named negroes to wit, Puss daughter of Harry and Rosa, Talitha, daughter of Anis and their increase forever hereby confirms the advancements made unto him, his heirs and Assigns forever as his full distributive share of my Estate.
- Item Eighth
- I hereby give and bequeath to my Son William H. Burton the following described land to wit, one half of the South West half of Section twenty nine, 29, Township twenty two, 22, and Range twenty seven known as the Holly half section also one half of eleven acres bought from John Dorsett and one half of the Mill thereon, and whereas I have given to my Son W. H. Burton three negroes to wit, Moses son of Mary, Harriet and Clark Son and daughter of Anis, and I hereby give and bequeath to him the Said William H. Burton the named negroes which are now in my possession to wit, Mealy and Lucyann (sic) daughters of Anis, Willis and Ben sons of Seller and Lucy and old woman Josephine daughter of Jane and at the death of my Wife the negro boy by the name of Warren son of Anis with him his heirs and assigns forever as his full distributive share of my Estate.
- Item 9th
- I give and bequeath to my son Andrew J. Burton the following described land on half of the South West half of Section twenty nine, 29, known as the Holly half Section also one half of eleven acres of land bought from John Dorsett and one half of the Mill thereon and the following named negroes, Charles, Jeff and George sons of Harry and Rosa, Russ daughter and Richard son and daughter of Mary, Young son of Anis, Mary daughter of Susan, and Weany daughter of Mary, three mules and carts waggon and harness all my gin smith and blacksmith tools, watch (sic) tools, and at the death of my wife Rachel Burton my will and desire is and I hereby give and bequeath also to my son Andrew J. Burton all of the property and future increase both real and personal that I have given to my beloved wife Rachel Burton with the exception above named to wit one negro boy Warren unto him the Said A. J. Burton his heirs and assigns forever as his full distributive share of my estate.
- Item 10th
- Whereas I have heretofore given to my daughter Nancy C. James, wife of John J. James the following property to wit, the following described land one half of one half section of land which I bought from Robert P. Burton which he bought from Thomas B. Sherman and Littlebury Phillips one half of Section twenty five, 25, Township twenty two, 22, and Range twenty six, 26, and I have heretofore given my Daughter Nancy C. the following negroes Sam which has been sold by my consent, Henry and Georgia son and (sic daughter) of Caroline, deceased, Creasey daughter of Siller and Barthume which she now has in possession, and also give and bequeath to my daughter Nancy C. Jones the following named negroes Anis and Siller and old Woman, and all of their future increase from this date unto the said Nancy C. Jones and her children, also one mule.
- Item 11th
- I hereby give and bequeath to my daughter Elizabeth Jones now the abandoned wife of Crawford Jones one half of the half section of land that I bought of my son Robt. E. Burton which he bought of Thos. B. M... and L. B. Phillips half of Section twenty five, Township twenty two and Range twenty six, 26, which is to be equally divided between Elizabeth Jones and Nancy C. Jones, also the following named negroes to wit, Susan daughter of Harry and Rosa, George and Margaret son and daughter of Susan, Jane daughter of Lucy, Ngenie Amanda and Indianarm (sic) daughters of Jane, Isaac son of Siller and those issuance from this date unto her and her children, two mules two cows and calves and it is my will and desire that all of the property that I have given to my daughter Elizabeth Jones is not to be subject to the uses or control of Crawford Jones in any manner or form whatever and the Said Elizabeth Jones here after at any time live with or go with the Said Crawford Jones I do hereby authorize and empower my Executor to take possession of all the property I have given to the Said Elizabeth and in the event she does live with Said Jones the Said Executor so herein appointed to act as trustee for the children of the Said Elizabeth in the management of said property for them.
- Item 12th
- I do hereby constitute and appoint my son Robt. P. Burton Sole Executor to this my last Will and Testament.
In witness whereof I the Said Jacob Burton hath herein set my hand and seal this 4th day of January AD 1862. (signed, Jacob Burton)
- Signed Sealed and Acknowledged in the presence of Geo. R. Stamps Mg. of Stamps Britton Stamps
- - - -
Harry's date of death is approximated as after 1865.
Slave Owner
See: Slaves of Jacob Burton Chambers County Alabama
Emancipation
Many of the enslaved persons listed in the estate records of Jacob Burton Jr were later recorded in a share cropping agreement with his son Andrew Jackson Burton.
1865 sharecropping agreement Andrew Burton
By:K. H. Burton Date: 2/17/2003, 10:03 pm
The State of Alabama
Chambers County
An agreement entered into between Andrew J. Burton and his former Slaves is this day the 25 of July 1865 reduced to writing and witnessed. Andrew J. Burton on the 1st part Obligates himself to feed clothe furnish houses fuel and pay their medical bills for the present year in compensation for their labour. And the above former Slaves on the other part whose names are annexst Obligate themselves to labour faithful for the said Andrew J. Burton and do any and all kind of work he suits them at for the present year for their Actual clothes house room fuel and medical bills paid when surgeons are called by the said Andrew J. Burton
- Rosa 60
- Lucy 60
- Siller 55
- Mary 45
- Isaac 43
- Sukey 34
- Jane 32
- Jeff 28
- George 26
- Nathan 22
- George 17
- Mills 17
- 15
- Minors
- Mela 13
- Sena 13
- Margrette 12
- Milt 13
- Rie 11
- Mandy 10
- Lucy 10
- Ben 10
- Henna 10
- Alph 8
- Luda 8
- Catherine 8
- John 5
- Puss 4
- Joe 4
- Peter 4
- William 3
- Laura 3
Witness Joseph Namly
George T----ly
Sources
- Sources include estate records of Jacob Burton, and sharecropping agreement with Andrew Jackson Burton.
1840 Census of Jacob Burton [1]
1850 slave schedule of Jacob Burton [2]
Alabama Will and Probate Record for Jacob Burton [3]
