Will of Israel Burnley, Wilkes County, Georgia

Date: [unknown] [unknown]
Location: Wilkes County, Georgia
Surnames/tags: Burnley Wilkes_County_Georgia

WILL OF ISRAEL BURNLEY
(Will Book D.D. 1779-1792, p. 29)

Wilkes County, State of Georgia.

In the name of God Amen: I Israel Burnley of the county of Wilkes and State aforesaid, being of perfect mind and memory, calling to mind the mortality of my body, and nowing that it is appointed for all men once to die, do make and ordain this my last will and Testament,

(viz) First I give my soul to Almighty God who gave it, and my body to the earth from whence it was taken, to be buried in a christian like manner according to the discretion of my Executors (viz) my wife Hannah Burnley, Henry Burnley and Stephen Burnley, whom I constitute and appoint to execute this my last will and testament;

My worldly goods which it has pleased God to bestow on me, I will and bequeath in the following manner--Imprimis I give to my son Henry Burnley one negro boy named Abraham to him and his heirs forever.--
Item. I give to my daughter Susannah Barksdale one negro girl named Agnes and her increased, to her and her heirs forever.
Item. I give to my daughter Frances Smith one negro girl named Rachel and her increased, to her and her heirs forever.
Item. I give to my daughter Elizabeth Burnley one negro girl named Amy and her increase, to her and her heirs forever.
Item. I give to my son Stephen Burnley one negro boy named Moses, also the tract of land whereon I now live, to be his after the decease of my wife, to him and his heirs forever.
Item. I give to my daughter Anne Terrell Burnley one negro girl named Rose and her increase, to her and her heirs forever.
Item. I give to my grandson Henry Brown one negro boy named Adam, to be delivered to him when he shall have attained the age of twenty-one years, to him and his heirs forever.
Item. My will and desire is that if any of my children (or my grandson Henry Brown) should die before they marry or come to the age of Twenty-one years, that then, and in that case the legacy's left by the deceased shall be Equally divided among the surviving children, after the death of my wife, to them and their heirs forever.
Item. I lend my beloved wife all the rest of my Estate (both real and personal) during her natural life and after her deceased to be Equally divided among the Surviving children, to them and their heirs forever.

And I hereby Revoke, disannul & utterly make void all other Wills, Testaments, Legacies, Bequests and Executors, by me in anywise before Will'd, bequeathed or Appointed, Ratifying and confirming this and no other as my last will and Testament: In witness whereof I have hereunto set my hand and affixed my Seal this 14 Day of November, One thousand Seven Hundred and 87.

Israel Burnley (Seal)
(signed)
Benjamin Thompson
Richard Fretwell
Benjamin Simmons

---

State of Georgia, Wilkes County.

Personally appeared before me Benjamin Simmons one of the Subscribing Witnesses to the within Will who by me being duly sworn on the the Holy Evangelists of Almighty God, doth depose and say that he saw the within named Israel Burnley Sign, seal, published and declare the within to be his last Will and Testament being of sound mind, memory and understanding and that he saw Benjamin Thompson and Richard Fretwell subscribe their names as Witnesses to the same at the request of the Testator in his presence and in the presence of each other.

{Signed} Edw. Jones, Reg. Pro.
Proved and approved before me
the 25th day of Jany. 1791.

In Returns of Administrations and Guardians, Wilkes County, Georgia, is found the following:
"Israel Burnley deceased. Receipt of John Barksdale, George Smith, Harry Burnley, John Colbert, and Anne Terrell Burnley to Stephen Burnley, Executor for their distributive shares in full. Mar. 15, 1793." (Early Records of Ga. Vol. 2, p. 200)
Henry Brown's legacy was to be delivered to him when he became of age.

Sources

• Ancestry.com. Our Burnley ancestors and allied families, (pages 82-85), database online. Provo, UT, USA: Ancestry.com Operations, Inc.