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BARTON, WILLIAM ELLEN, Frederick Co. 1 Mar, 1762; 11 May, 1762
Give tract called Content, and one called The Resurvey, between sons Joseph Walker Barton (or Burton), William Burton, Isaac Burton and Joshua Burton, to be divided amongst them, share alike.
To sons Basill and Jacob Burton, and dau. Drusilla Burton, land whereon I live, and for which I now pay quit rents for the name, Foxden, all that pt. of the afsd. land that lays between a branch called Spire Branch and a branch called Richardson's Branch, unto sd. dau. Drusilla and her hrs. forever. The remaining pt. of sd. lands, to sons Basill and Jacob.
Exs: Sons-in-law Samuel Waters and Edward Browning. In the bequests to sons Basil and Jacob and dau. Drusilla, the word "land" is inserted between the 3rd and 4th line.
Wit: John Lashear, William Waters, Thomas Waters. 31. 587
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William Ellen Burton 79.80 FR £107.14.2 Oct 8 1762 Nov 18 1762
Appraisers: Thomas Snowden, Samuel Richardson.
Creditors: Richard Snowden, Richard Henderson for John Glassford & Co., David Ross for Jo. Henrit & Campbell.
Next of kin: Joseph Burton, William Burton.
Executor: Samuel Waters (son of John Waters).
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William Ellerburton 82.152 FR £3.10.0 Jul 1 1763 Dec 13 1763
(also William Alliburton)
Appraisers: Thomas Snowden, Samuel Richardson.
Creditors: David Ross for John Glassford & Co., Richard Henderson for (?). Next of kin: Joseph Burton, William Allerburton.
Executors: Samuel Waters, Edward Browning.
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Contributed by Bob Burton
1762: Will of William Eller Burton, signed 3/1/1762, was proved 5/11//1762.
In the name of God, Amen, the first Day of March in the year of our Lord 1762, I, William Ellerburton [sic] of Frederick County and Province of Maryland, being sick and weak in Body but of perfect mind & memory thanks be given to God therefore Calling unto mind the mortality of my Body and finding that it is appointed for all Men men (sic) to die, do make and ordain this my Last Will & Testament, that is to say primarily and first of all I give & Recommend my Soul into the Hands of God that gave it, and for my Body I recommend it to the earth to be buried in a Christian Like & decent Manner at the discretion of my Executors nothing nothing [sic] doubting but at the general Resurrection I shall move the same again by the mighty Power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the Same in the following manner & Form. ______ it is my Will and I do order that in the first place all my just Debts and funeral Charges be paid and satisfied by my Executors hereafter mentioned.
Item I give and bequeath a Tract of Land called Content and one other Tract of Land called the Resurvey on Content between my sons Joseph Walker Burton, William Burton, Isaac Burton & Joshua Burton, to be divided amongst them share and share alike to them and their Heirs forever.
Item I give and bequeath to my Sons Basil Burton & Jacob Burton & my Daughter Drusilla Burton the lands ___ whereon I now live & for which I now pay due Rents for in the name Foxden; all that part of the aforesaid Land that lays between a Branch called ?Spires? Branch & a Branch called Richardsons Branch unto my said Daughter Drusilla to her and her Heirs forever, & the remaining part of said Land I give unto my said Sons Basil & Jacob to them & their Heirs forever.
Lastly I Constitute & appoint my Sons in Law Samuel Waters & Edward Browning Executors of this my Last Will & Testament hereby revoking all Wills by me formerly made & make & ordain this my Last Will & Testament.
Item(d) In the Bequests to my Sons Basil & Jacob & my Daughter Drusilla the Word (Land) is inserted between the third & fourth Lines and also the Words (to her & her Heirs forever) is inserted between the fifth & sixth Lines before the execution of the Will).
William Eller Burton
(signed by mark)
Signed Sealed Pronounced Publish and declared by the Testator (to) be his Last Will & Testament in the Presence of us being Witnesses: John Tashear
William Waters
Thomas Waters.
May 11th 1762: Came John Tashear, William Waters, Thomas Waters, the three subscribing Witnesses to the within Will & made Oath on the holy Evangels of almighty God that they saw the Testator William Eller Burton make his mark to the above Will and also saw him seal the same & heard him publish pronounce & declare the same to be his Last Will & Testament & at the time of his so doing he was to the best of their apprehension of a sound & discerning mind & memory, and that they severally subscribed their respective Names as Witnesses to the said Will in the presence of the said Testator & at his Request the above Probate was taken in the presence of the Heirs at Law who made no objection thereto. (signed, but illegible)
Recorded in Frederick Co, MD Will Book A-1, pages 176-7. Also see Prerogative Court Will Book 31, page 587.
6/30/1767: Whereas William Eller Burton, of Frederick County, did, by his will, bequeath unto his children, Joseph Walker Burton and William Burton, part of Resurvey of Content, this indenture witnesses, that Joseph Walker Burton and William Burton sold to Samuel Bussey, of Prince George's County, for 160 pds, 179 acres of Resurvey on Content. Oldest sons Joseph Walker Burton and William Burton sell their inherited shares of the land to Samuel Busey. The recorder of the document write's the father's name William Ellerburton, but then puts a capital "B" on top of the small "b". Ann, the wife of Joseph Burton, released dower. Recorded in Frederick Co, MD Deed Book L, page 067-8.
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