I, Rebecca Burk, of the County of Russell & State of Virginia do make and publish this my last Will and Testament in manner and form following that is to say,
I desire that as soon as may be after my decease my executor hereinafter named shall, out of any money or property I may have, pay all my just debts and funeral expenses.
2nd. I give and bequeath to my son Archibald Burk the interest in the tract of land where I now live that was willed to me by my deceased husband Wm. Burk being one third of said tract and also my interest in said tract as an heir of my son David deceased & as an heir of my daughter Sarah deceased to be held by him and his heirs forever.
3rd. After my decease I desire my executor to sell my Negro man Ben to whoever the said Negro man may choose for his master that will give a fair price for him, and the money arising from the sale of said Negro man, I desire shall be divided amongst my children as follows. I desire that my daughter Susan Ferguson and my grandchild the child of my daughter Rebecca Ferguson shall have no interest or part in said money. Then I desire that my daughter Frances Necessary shall have no share in said money until the rest of my children not herein excluded shall get ten dollars each and I desire that my daughter Mary Jessee shall have no share of the same until the rest of my children not herein excluded shall have received fifteen dollars each and then that the remainder shall be equally divided between all my children except those above entirely excluded.
4th. Out of the remainder of my estate I give to my daughter Nancy Helton the sum of eighty dollars and then after she shall have been paid the eighty dollars I desire that the whole of the remainder of my estate of whatsoever kind shall be equally divided between all my children except my daughter Susan Ferguson and my grandchild the child of my daughter Rebecca Ferguson to whom I give nothing.
Lastly. I hereby constitute and appoint my son Archibald Burk executor of this my last Will & Testament hereby revoking all other wills by me heretofore at any time made. Witness my hand and seal this 18th day of July 1859.
Rebecca X Burk {Seal}
Signed sealed & acknowledged by
Rebecca Burk as her last Will and
Testament in presence of us who have
signed the same as witnesses at her
request & in the presence of each other
Wm. B. Aston
Jessee Browning
At a court held for Russell County an the courthouse on the 6th day of May 1862.
The last Will and Testament of Rebecca Burk dec'd was provided in court and proved by the oaths of Wm. B.
Aston and Jessee Browning the two subscribing witnesses thereto and ordered to be recorded. And Archibald
Burk the executor therein named appeared in court and renounced the executorship of the said Will. And on
the motion of Thaddius P. Thomas who took the oath of an administrator with the Will annexed prescribed by
law and entered into and acknowledged his bond in the sum of $4000.00 with Robert Boyd and William B.
Aston as his security conditioned as the law directs. A Certificate is therefore granted him for obtaining letters
of administration with the Will annexed ???? on the estate of the said Rebecca Burk dec'd in due form.
Teste
R. H. Lynch C. C.