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- ORPHAN'S INDENTURES & GUARDIANSHIP RECORDS IN COURT MINUTES
Taken from Chatham Co. Court of Pleas & Quarter Sessions- 1774-1800
NC State Archives film # C.022.30001
Updated 11-21-2000 Copyright 2000 - Sue Ashby
Pg. 242 - Nov., 1799
Order'd that JOHN BURNS, Sr. be appointed guardian to JOHN LEWIS TOMERLINSON & WILLIAM TOMERLINSON infants of JOHN TOMERLINSON, dec'd, who enters into bond in the sum of one hundred pounds each with WILLIAM BURNS, security.
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Listed on the muster roll of Captain J. Harper's Company from Chatham County, North Carolina, Revolutionary War
no proof that wife Mary was actually a Scurlock.
from the web:
John received a federal land grant on Indian Creek in 1780, but was probably living in Chatham Co, NC as early as 1759, according to family records.
his will: CHATHAM COUNTY, NORTH CAROLINA, RECORD OF WILLS ORIGINALS - NCSA Microfilm # C.022.80001 VOL. A 1798-1819 Burns, John- S r., pg. 273 ( pages 215, 216, 217) COPIED BY PAUL BURNS 3-1-2001 FROM A H AND WRITTEN COPY OF THE ORIGINAL WILL MADE BY BOB & GLORIA BURNS State of North Carolina Chatham County
In the name of God Amen John Burns, Sr. of the County and State afore said, being of weak in body but of sound mind and memory and calling to mind the uncertainty of life and certainty of death do hereby constitute this my last will and testament in manner and form following (to wit) in the first place I recommend my soul into the hands of Almighty God who gave it and my body to be buried in a Christian like manner.
Item: Then I give unto my beloved wife Mary Burns one negro woman called Becky and one negro man called Frank and as much of the kitchen furniture as may satisfy her also one good feather bed and furniture, and one good horse and two cows and calves and at her death the above mentioned property to be equally divided among her lawful heirs.
Item: I give unto my grandson John Thomlinson one negro boy called Luke and also fifty dollars to buy him a horse.
Item: I give unto my daughter Nancy Thomlinson and her two sons Wm. and John Thomlinson the ninth part of my estate that is not disposed of, she one half and they the other half.
In the next place I wish and desire for my lands to be sold on a credit of two years And all the remaining part of my property to be sold on a credit of nine months.
I also leave my son-in-law William Gober forty shillings and the other moneys arising from the above mentioned sales of my lands and the other property to be equally divided among my other lawful heirs: namely William, James, Thomas and John Burns, Anaper Modglin, Polly Brewer, Sheba Bryan and the lawful heirs of Elizabeth Gober deceased, the former wife of William Gober and if any one or more of them, of the above heirs of the above mentio ned mentioned Elizabeth Gober descendants should die before the division of my property should take place the supervising of them to have the descendants part equally divided between them at the discretion of my executors.
My desire in the place is that my negroes that remain that is not already disposed to be laid off in lots and drawn for, and my two grandsons William and John Tomlinson be left under the care of my executors till they are twenty years of age.
My will in the next place is that my four sons William, James, Thomas and John Burns be and I do appoint them executors to this my last will and testament. In witness whereas I have hereunto set my hand and seal this 22nd day of March in
the year of our Lord Anno Domino 1811.
Signed sealed and delivered in presence of John Bryan, Deborah Chapman, John (X) Burns (seal) (his mark)
From http://boards.ancestry.c om/mbexec/message /an/surnames.scurlock/213: Believe it or not, that was his name, MEN REPENT SCURLOCK. He married Amanda Rutherford Moore. Don't have dates on him, but his daughter Mary Rutherford Scurlock married John Burns, Sr. who was a revolutionary soldier. John Burns was born in 1740.
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Children of JOHN BURNS and MARY SCURLOCK are:
i. NANCY3 BURNS, b. 1759, Chatham, Co., North Carolina; d. Abt. 1802, Chatham, Co., North Carolina; m. JOHN TOMLINSON.
More About JOHN TOMLINSON:
Census: 1790, Chatham, Co., North Carolina
ii. WILLIAM BURNS, b. 1761; d. 1819, Chatham, Co., North Carolina; m. ELIZABETH MINTER.
Notes for WILLIAM BURNS:
Chatham County William BurnsÆ Will Recorded in Book B
North Carolina Pages 20, 21 and 22
In the sacred name of God, Amen. I, William Burns, of the County of Chatham in the State of North Carolina, being of sound mind, memory and disposition, blessed by the Almighty for the same. But knowing the uncertainty of life and the certainly of death, do make, declare and ordain this my Last Will and Testament, hereby revoking and annulling all former Wills by me as for me made.
Item. To the Almighty and omniscient being, I resign my soul in fervent and strong hope, that his mercy will look over any transgressions which I have committed in this life and will extend to promote my everlasting rest in that which is to come.
Secondly, to my eldest son, John burns, I give and bequeath in fee simple forever one tract or parcel of land containing one hundred ninety-seven acres more or less whereon Janet Johnston now lives called and known by the name of the Reuben Tract lying and being in this county and state aforesaid. I also give unto him my son, John, one Negro woman by name Dilcy with her children and that is with her (which my said son, John, has had for some time been in possession of to him and his Heirs forever. I also give to him one horse, bridle, and saddle, which he has already received.
Item. To my daughter, Jane May, I give one Negro girl by name Peggy with what children she has with her. When this increase to her, my said daughter, her heirs and assigns forever. I also give to my daughter Jane May, one horse, bridle, and saddle. The then said Jane has had possession of the Negroes, horse, bridle, and saddle for a considerable time.
Item, to my son, Mentes Burns, I give and bequeath in fee forever one tract or parcel of land on which he now lives, containing one hundred thirty-one acres more or less. This same was purchased of my son, John, and he purchased it of Edward Brantley, it lying and being in the County and State aforesaid. I also give to my son, Mentes, one Negro woman by name Nancy and her children, Sucky and Julia, to him and his Heirs forever. I also give to my son, Mentes, one horse, bridle, and saddle, the said Negroes, land, horse, bridle and saddle as here given to my said son Mentes already in his possession.
Item, to my son, Alvis Burns, I give and bequeath in fee forever, the land and plantation on which I now live, at my death. I also give to him one Negro man named Ben to him and his Heirs forever. I also give to him (my son, Alvis) when he may want them, one horse, bridle, and saddle, one bed and furniture, one cow and calf, one sow and pigs and two ewes and lambs.
Item, to my three grandchildren, viz., Elira Jane Reddle, Mary Reddle, and William Fato Reddle, I give one Negro woman named Prissey, and her two children, namely Sarah and Nancy, with thus increase to remain in common stock until William Fato Reddle arrives at the age of twenty-one years or in case one should die the property to go to the two surviving ones. In case that the\wo should die, to go to the one alive and in case they all should die, the property then to be divided between and among any living children or their Heirs.
It is also my desire that my son, John Burns, to take charge of and manage the above named Negroes as given to my three grandchildren as above until the youngest one gets to be twenty-one years of age. The then said, John, to act as their Trustee or best friend.
Item, to Andessan Reddle it is my will and desire that he should receive from my estate the sum of five dollars.
It is furthermore my will and desire that after my debts be paid that all the residue of my property except the Negroes be sold and equally divided between my children; namely, John Burns, Jane May, Mentes Burns and Alvis Burns, or their Heirs. The Negroes I wish and it is my will that they should be divided among my own children in the most equitable manner and if they cannot agree in the division, they shall call in three of their respectable neighbors who I hope will do it for them, which shall be binding when done. I wish it to be understood that the Negroes here to be divided between John Burns, Jane May, Mentes Burns and Alvis Burns.
Lastly, I hereby nominate my three sons, to wit, John Burns, Mentes Burns, and Alvis Burns Executors to this my Last Will and Testament, in witness whereof I have hereunto set my hand and affixed my seal this 28th day of May in the year of Lord One thousand eight hundred and nineteen.
Signed, sealed and acknowledged in
Presence of us.
William Burns
William burns died 1819 in Chatham County, N.C. He was a Revolutionary War soldier, who served eighty-three months for the cause of freedom. He received 640 acres of land for his services. William Burns' deed to this land is in Deed Book B, page 263. William Burns' will is found in Will Book B, pages 201 and 202. His Revolutionary War soldier's number is 3925 and dated 1 October 1783.-
More About WILLIAM BURNS:
Census: 1800, Listed in the 1800 Cenus Chatham, Co., page193
iii. JAMES SR. BURNS, b. 1763, Chatham, Co., North Carolina; d. Abt. 1844, Chatham, Co., North Carolina; m. HANNAH BRANTLEY, Abt. 1788; d. Abt. 1836, Chatham, Co., North Carolina.
Notes for JAMES SR. BURNS:
Chatham County James BurnsÆ Last Will and Testament Recorded in Book C
North Carolina Pages 184, 185, 186
In the name of God. Amen. I, James Burns, of the county of Chatham and State of North Carolina, being of sound and perfect mind and memory, Blessed be God for the same, calling to mind that it is once appointed for all to die, do this the Sixteeth day of January in the year of our Lord eighteen hundred and thirty eight (1838) make and publish this my Last Will and Testament in the following manner and form.
First, I recommend my body to a decent burial, and my soul to God, who gave it,
Second, I give to my present wife, Mary Burns, the following property: all of the household and kitchen furniture which she may have on hand, which she was possessed of when I married her, and also all the property that she may legally obtain from henceforth and be in possession of at my death, one tract of land whereon she now lives containing one hundred and sixty-three acres more or less, one Negro woman named Dinah, one Negro boy named Mike, one mare and colt, eight head of cattle, and all of the hogs which she may be possessed of, and also the plantation tools. If, however, my said wife, Mary Burns, should contend for any of my property at home where I now live that is any species of property which I may die possessed of except what I have herein named and bequeathed to her, my will and desire is in that event that all my property which I may die possessed of at home and also all the property she may be possessed of at my death be sold and the proceeds be equally divided among all my children who have not received their full share of my estate and my aforesaid wife, Mary Burns.
Thirdly, I give to my daughter, Elizabeth Durham, one hundred and twenty-five dollars, one horse, saddle, and bridle, worth sixty-five dollars, one cow and calf, and one bed and furniture worth twenty-five dollars, all of which she has received.
Fourthly, I give and bequeath to my son, Brantley Burns, one hundred and twenty-five dollars, one horse, saddle, and bridle, worth sixty-five dollars, and in lieu of a bed and furniture, and a cow and calf, he has received twenty-five dollars in money, all of which property he has received.
Fifthly, I give and bequeath to my son, James Burns, one hundred twenty-five dollars, one horse, saddle, and bridle, worth sixty-five dollars, all of which he has received.
Sixthly, I give and bequeath to my son, Hiram Burns, the tract of land whereon he now lives containing three hundred five acres more or less valued at six hundred and ten dollars, also one horse, saddle, and bridle, worth sixty-five dollars, one bed and furniture, one cow and calf, all worth twenty-five dollars all of which he has received. My will and desire furthermore is that after my decease, he shall have one hundred and twenty-five dollars over and above what my other children will have.
Sixthly, I give and bequeath to my daughter, Nancy Harman, one hundred twenty-five dollars, one horse, saddle, and bridle, worth sixty-five dollars, one cow and calf, and bed and furniture worth twenty-five all of which she has received.
Seventhly, I give and bequeath to my son, Basil Manley Burns, one Negro man by the name of Peter who ran away from me AD 1822 and has since been in the possession of my said son, B. Manley Burns. (This fact he has since confirmed by letter.) This said Negro together with a bed and furniture and one hundred thirty-seven dollars is his full share which I intend him to have of my estate, all of which he has received.
Eighthly, I give and bequeath to my son, Micajah Burns, one hundred twenty-five dollars, one horse, saddle, and bridle, also ten dollars, which he received in lieu of a cow and calf, the horse, bridle, and saddle, worth sixty-five dollars, and one bed and furniture worth fifteen dollars all of which he has received.
NInthly, I give and bequeath to my son, John Calvin Burns, one hundred twenty-five dollars, one horse, saddle, and bridle, worth sixty-five dollars. In place of giving him a cow and calf, bed and furniture I gave him twenty-five dollars in money all of which he has received.
Tenthly, I give and bequeath to my son Martin Luther Burns, one hundred twenty-five dollars, and one horse, saddle, and bridle, worth fifty-two dollars, all of which he has received.
Eleventhly, I give and bequeath to my daughter Lavina Burns, one horse, saddle, and bridle, worth fifty dollars, one bed and furniture, and also it is my desire that she should have one hundred and twenty-five dollars out of my estate after my decease that is one hundred and twenty-five dollars more than my other children shall have unless ætis paid to her in my life time.
Eleventhly, I give and bequeath to my children, namely, Thomas Burns, Sarah Brooks, and Elias Burns, three Negroes namely, Katie, Abram, and Surry, and horse, bridle, and saddle, which I consider to be a full share of my estate including what I have given them heretofore.
Lastly, I will and direct that all my just debts be paid and after that all of the property which I may have on hand at my death to be sold on a credit of 12 months the amount of which sales together with all the monies I may have and all the debts due me to be equally divided among my children named below (to wit) Elizabeth Durham, Brantley Burns, James Burns, Hiram Burns, Martin L. Burns, Micajah Burns, and Lavina H. Burns, John Calvin Burns, Nancy Harman. The property and cash that I have advanced to my said children as heretofore expressed in this my Last Will and Testament is to be deducted out of what may be coming to them on the settlement of my estate and should there be any one of them who has received more than their proportionable part to pay it over to my executors for the benefit of my other children named above.
I hereby nominate my son, Micajah Burns and William Burns, Sr, my executors in witness whereof I have hereunto put my hand and affixed my seal to this, my Last Will and Testament the day and date first above written, signed, sealed in the presence of
James Burns
James Burns is listed in the North Carolina pension records. He applied for Revolutionary War Pension. Vol. 22, page 57, 216, 217, 238.
More About JAMES SR. BURNS:
Census: 1793, Birth date recorded on his application for a Revolutionary War pension
Census 2: 1830, Chatham, Co., page 401.
More About JAMES BURNS and HANNAH BRANTLEY:
Marriage: Abt. 1788
iv. JOHN BURNS JR, b. Abt. 1768; m. MARY BRANTLEY, 30 Jan 1792, North Carolina.
More About JOHN BURNS JR:
Military service: Served inThe Revoutionary War
More About MARY BRANTLEY:
Individual Note: Marriage date from Raleigh Register
More About JOHN JR and MARY BRANTLEY:
Marriage: 30 Jan 1792, North Carolina
v. THOMAS BURNS, b. 1765.
More About THOMAS BURNS:
Census: 1820, Listed in the 1820 Cenus Chatham, Co., page179.
vi. ANAPLER BURNS, b. 1770; m. STRANGEMAN MODGLIN.
vii. MARY BURNS, b. 1772, Chatham County, North Carolina; m. NATHAN BREWER, Abt. 1811.
More About NATHAN BREWER and MARY BURNS:
Marriage: Abt. 1811
viii. SHEBA BURNS, b. 25 Oct 1774, Chatham County, North Carolina; d. 29 Jun 1859, Goldston, North Carolina; m. REDDIN BRYAN, 16 May 1792.
More About SHEBA BURNS:
Burial: Womble Cemtery
More About REDDIN BRYAN and SHEBA BURNS:
Marriage: 16 May 1792
ix. ELIZABETH BURNS, b. 1776, Chatham, Co., North Carolina; d. Abt. 1811; m. WILLIAM GOBER, 1804, Chatham, Co., North Carolina.
More About WILLIAM GOBER:
Census: 1845, In 1845 the family was living in Meriweather, Georgia
More About WILLIAM GOBER and ELIZABETH BURNS:
Marriage: 1804, Chatham, Co., North Carolina
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1740 - Abt 1811 (71 years)
