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Last Will and Testament of George Burgess of Howard Co., dated 27 July 1867

Note: George Burgess was the husband of Elizabeth Earlougher, daughter of Michael and Anne Astatia.

Source: Wills, Liber TBH, No. 2, folio 88.- 96. Dated July 27, 1867. George Burgess. Document found at Maryland State Archives, microfilm CR 32,993. Original Liber found at the Howard County Courthouse.


In the name of God Amen I George Burgess of Ellicott City and Howard County do make publish and declare this my last will and Testament in manner and form following that is to say

First Item ~ I give and devise and bequeath to my daughters Elizabeth Burgess and Mary Burgess and the survivor of them and the heirs and assigns of Such Survivors all the following described piece or parcel of land situated and lying in Howard County Viz Beginning for the same on the south side of a road laid out twenty feet wide parallel to the Frederick Turnpike at the north west corner of Lot number twelve upon a plat map of my lands there situate and running thence bounding on Lot number twelve South twenty one degrees west one hundred and forty and an half feet to the out line of the whole land purchased by me from Baseman and others then binding on said out line North sixty six degrees and thirty minutes west one hundred and ninety two and an half feet, then north twenty one degrees east one hundred and forty and an half feet to the aforesaid road twenty feet wide then binding on said road South Sixty Six degrees and thirty minutes East one hundred and ninety two and an half feet to the place of beginning: being designated as Lot number thirteen upon a plat of my lands there situate with a right of way over Lot number seven of my lands until some other way shall be laid out: and also the following described Lot of land being designated upon the plat map of my lands by the number Ten situate and lying in Howard County Vis Beginning for the same at the north east corner of Lot number nine on the south side of the Baltimore and Frederick Turnpike and running and binding thereon, South fifty six degrees and thirty minutes East one hundred and fifty eight feet to the beginning of that part of a tract of land called "Mount Misery" conveyed by Baseman and others to me by and duly recorded in Liber W.W.W. No 20 folio 304 etc. and running and binding on the finish line of said land south thirty seven degrees west one hundred and fifty feet to a road laid out twenty feet wide parallel to the Frederick Turnpike and bounding thereon, North sixty six and an half degrees west one hundred and fifteen feet to lot number nine, then binding on said lot number nine North twenty one degrees East one hundred and forty nine feet to the place of beginning. And also the following described piece or parcel of land designated upon the plat of my lands by the number sixty two which I recently acquired by deed from Samuel Ellicott which is particularly described and designated by No 621 in the deed of partition of George Ellicott Estate duly recorded in Anne Arundel County in Liber W.S.G. No 21 folio 175 etc.

Second Item ~ I give devise and bequeath to my daughter Rebecca her heirs and assigns forever all the following described piece or parcel of land situated and lying in Howard County designated upon the plat of my lands by the number Two Viz Beginning for the same at the end of the first line of lot number one of my lands and running and binding on the Frederick Turnpike Road South seventy two and three quarters degrees East four perches to the Mill ___ lot distinguished on the plat map of my lands by the number three then binding on said Lot number three the two following courses and distances Viz North seven degrees East eight perches to a point on the South Side of the branch North fifty five degrees west three perches to Lot number one then finding on said Lot reversely south sixteen and an half degrees west nine and an half perches to the place of beginning with all its appurtenances

Third Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns forever all the following described piece or parcel of ground situate and lying in Howard County designated upon the plat of my lands by the Number three Viz Beginning for the same on the north side of the Frederick Turnpike Road at the South East corner of Lot number Two and running thence binding on the north side of said Turnpike South Sixty two and three quarters degrees East fourteen and an half perches to Lot number Five then binding on that Lot the three following courses Viz North twenty seven and a quarter degree East two and eight tenths perches to a stake on the south side of the branch, south seventy degrees East two and eighty five hundredths perches, south sixty one degrees west three and a quarter perches to the north side of the Frederick Turnpike at a point three and two tenths perches south sixty two and three quarters degrees East from the end of the south sixty two and three quarters degrees East fourteen and an half perches line of whole land then binding on the Frederick Turnpike Road south sixty two degrees East two and three quarters perches to a point seven twentieths of a perch South Eighteen degrees west from the division wall between the mill and wheelwright shop and the Smith Shop then through the center of said division wall and binding on Lot number six of my lands North eighteen degrees and fifteen minutes East forty feet to the rear wall of said Shops then still north eighteen degrees and fifteen minutes East twenty feet then north fourteen and an fourth degrees west sixty one feet to a corner of the wall of the fore-bay then north nine degrees west two perches then north thirty degrees East one and fourtenths perches to a corner of Lot number Four, then binding thereon the five following courses Viz North seventy degrees west thirty three feet North Eighty nine and a quarter degrees west one hundred and thirteen feet to a point nine feet south seven degrees west from the south eastern corner of the Stone Cottage building North Eighty Eight degrees west ninety and three quarters feet to an Iron pin now fixed in a rock, North forty five minutes west seventy six feet then north thirty five degrees and fifteen minutes west seven and eight tenths perches to a stake on the north side of the branch in the North Sixteen degrees and thirty minutes East fifteen and an half perches line of Lot number one and at the end of three and a quarter perches on said line then binding on Lot number one South Sixteen and an half degrees west fifty four feet to Lot number Two ad distinguished on the plat of my lands then binding on that Lot revesely the two following courses and distances Viz South fifty five degrees East three perches south seven degrees west eight perches to the place of beginning Subject to the use of the dairy upon said lot by my daughters Elizabeth and Mary during their natural lives, with my said son Samuel and his legal representatives

Fourth Item ~ I give devise and bequeath to my son George Burgess his heirs and assigns All the two following described pieces or parcels of land situate and lying in Howard County designated upon the plat of my lands by the numbers five and six Viz Beginning for Lot number Five at a point on the north side of the Frederick Turnpike Road at the end of the first line of Lot number Three then binding thereon the three following courses North twenty seven and a quarter degrees east two and eight tenth perches to a stake, south seventy degrees East two and eighty five hundredth perches South twenty one degrees west two and three quarters perches to the Frederick Turnpike then binding thereon North Sixty two and three quarters degrees west three and two tenths perches to the place of beginning, and beginning for Lot Number Six at a point on the north side of the Frederick Turnpike Road at a corner of Lot number three it being seven twentieths of a perch south eighteen degrees west from the south end of the partition wall between the Smith Shop on the lot now being described and the Mill and wheelwright shop on the lot adjoining then binding on the Frederick Turnpike Road south sixty five degrees East thirty feet to Tysons Lot being lot No 67 of the division of George Ellicotts Estate in 1836 then binding on that lot North fourteen degrees and fifteen minutes East fifty feet to a corner of the second part of Lot number Four then binding thereon North seventy degrees west twenty six feet to a corner of lot number three binding on Lot number three and through the center of the partition wall above mentioned South Eighteen degrees and fifteen minutes west Sixty feet to the place of beginning Subject however to the Mill and Mill Lot enjoying all the water of the branch flowing through Lot number six and I further give and bequeath to my said son George all the tools and fixtures and materials in the Smith Shop erected on said lot number Six therein continued at the time of my death

Fifth Item ~ I give devise and bequeath to my daughters Elizabeth and May and the survivors of them and the heirs and assigns of such survivor forever the Homestead upon which I now reside being distinguished upon the plat of my lands by the number four described as follows Viz Beginning for the first part of said lot at a stone a corner of the parcel of land that was conveyed by Henry Miller to William Burgess by deed dated on or about the seventh day of September AD 1812, and at the end of the north thirty degrees East one and four tenths perches line of lot number three of my lands and running thence binding on said lot number three the five following courses and distances Viz North seventy degrees west thirty three feet north eighty nine degrees and fifteen minutes west one hundred and thirteen feet to a point nine feet south seven degrees west from the south east corner of the Home Cottage building erected on the lot new being described, north eighty eight degrees west ninety and three quarter feet to an iron pin now fixed in a rock north forty five minutes west seventy six feet, North thirty five degrees and fifteen minutes west seven and eight tenths perches to a stake on the north side of the branch at the end of three and a quarter perches on the north sixteen and an half degrees East fifteen and an half perches line of Lot number one of my lands then binding on lot number one North Sixteen degrees and thirty minutes East three and a quarter perches to the line of a tract of land called "Rebecca's Lot" as owned by the late Ezra Fell then binding on that land East twenty three perches to a Stone at the beginning of the West twenty seven and an half perches line of two cares and forty five square perches of land described in the aforementioned deed from Henry Miller to William Burgess, then binding on the land that I recently purchased from Samuel Ellicott, South seventeen degrees and thirty minutes west two hundred and thirty three feet to the place of beginning and beginning for the second and last part of lot number Four of my lands at the place of beginning of the first part of Lot Number Four it being also a corner of Lot number three of my lands and running thence binding on said Lot number three reversely the three following courses and distances Viz South thirty degrees west one and four tenths perches, south nine degrees East thirty three feet to the corner of the Stone wall at the fore bay of the mill south fourteen and a quarter degrees East Sixty feet to a Stake on the north side of a branch a corner of Lots numbers three and six of my lands then binding on Lot number Six South Seventy degrees East twenty Six feet to Tysons Lot it being lot number sixty seven of the division of George Ellicott and others in the year AD 1836 of record in Anne Arundel County in Liber WTG No 21 folio 175 etc. then binding thereon North fourteen degrees and fifteen minutes East seventy two feet to a road land out twenty feet wide called upon Ellicotts division plat Mercer Street, then binding on said road or Street North forty nine and a quarter degrees west Seventy three feet to the place of beginning and it is my will and desire that my said daughters Elizabeth and Mary shall give their Sister Rebecca a home with them in the dwelling house upon the land above described as long as she shall live

Sixth Item ~ I give devise and bequeath to my son Leander Burgess his heirs and assigns forever in fee simple all the following described piece or parcel of land it being lot number one upon the plat of my lands and all its appurtenances Viz Beginning for the same on the north side of the Frederick Turnpike at the south East corner of a parcel of land belonging to Samuel Ratcliffe and running and bounding on said Turnpike Road south seventy three and an half degrees East five and a half perches to lot number two of my lands then binding thereon, and on lots number three and Four of my lands North sixteen degrees and thirty minutes East fifteen and an half perches to that part of a tract of land called Rebecca's Lot lately owned by Ezra Fell then binding thereon west four and an half perches to a bounded black oak three standing at the end of the west twenty seven and an half perches line of two acres and forty five square perches of land described in a deed from Henry Miller to William Burgess dated on or about the seventh day of September in the year AD 1812 then binding on the land owned by Samuel Ratcliffe South twenty one degrees west fourteen perches to the place of beginning.

Seventh Item ~ I give devise and bequeath to my sons George W. Burgess and Leander Burgess their heirs and assigns forever in fee simple as tenants in common all the two following described pieces or parcels of land Viz. Beginning for the first of said parcels it being the Lots numbers Sixty five and Sixty Six upon the plat of my lands it being also Lots numbers Sixty five and Sixty six in the division of the Ellicotts Estate made in the year 1836 of record in Anne Arundel County in Liber W.S.G. No 21 folio 175 etc. and it is my will and desire that my son Samuel shall release and surrender unto my said sons George W. and Leander all right title and interest that he has in and to the above described Lots of ground which he acquired by Virtue of a deed from D S Armstrong to him and my said sons George and Leander date the ___ day of May AD 1865 and recorded among the land records of Howard County in Liber WHW No 16 folio 203 etc. and beginning for the other of said parcels being Lot number seven upon the plat of my lands on the South side of the Frederick Turnpike at the end of a line drawn three and eight tenths perches south twenty one degrees and thirty minutes west from the Center of the partition wall between the wheelwright shop and Smith Shop and running thence binding on said Turnpike North Sixty six degrees and thirty minutes west forty six feet to the end of the north twenty one degrees East three hundred and nine and one half feet line of the whole lot or parcel of land conveyed to me by Rachel W. Baseman and others by deed dated the fourteenth day of Mary AD 1859 of which the land now being described is a part then binding on said line reversely south twenty one degrees west one hundred and forty nine feet at a road or street laid out twenty feet wide laid out through said land on Basemans plat and parallel to the Frederick Turnpike then bounding thereon south sixty six degrees and thirty minutes East one hundred and twelve feet then by a straight line drawn parallel to the second line of the lot now being described North twenty one degrees East one hundred and forty nine feet to the Frederick Turnpike then binding thereon North sixty six degrees and thirty minutes west sixty six feet to the place of beginning Subject to a right of way over said land last described to my daughters Elizabeth and Mary to and from their land designated upon the plat of my lands by the number thirteen until such time as then shall be some other way of access to the Frederick Turnpike laid out provided however that they release to their brother Samuel all claim they have to Lot number three

Eighth Item ~ I give devise and bequeath to my son George W. Burgess his heirs and assigns forever in fee simple all the following described piece or parcel of land designated upon the plat of my lands by the number eight Viz. Beginning for the same on the south side of the Frederick Turnpike at the north East corner of Lot number seven of my lands and running thence binding on the Turnpike Road south sixty six and an half degrees East thirty feet to Lot number nine and running thence binding thereon and parallel to Lot number seven south twenty one degrees west one hundred and forty nine feet to a road or street laid out twenty feet wide then binding thereon and parallel to the Frederick Turnpike North Sixty Six degrees and thirty minutes west thirty feet to Lot number seven of my lands then binding thereon North twenty one degrees west one hundred and forty nine feet to the place of beginning

Ninth Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns forever in fee simple all the following described piece or parcel of ground being lot number nine upon the plat of my lands Viz. Beginning for the same on the South Side of the Frederick Turnpike Road and running thence binding on the Turnpike Road, South Sixty Six and an half degrees East thirty feet, then parallel to Lot number Eight, South twenty one degrees west one hundred and forty nine feet to a road or street laid out twenty feet wide parallel to the Frederick Turnpike Road then binding thereon North Sixty Six and an half degree west thirty feet to Lot number Eight of my lands then binding thereon North twenty one degrees East one hundred and forty nine feet to the place of beginning

Tenth Item ~ I give devise and bequeath to my son William Burgess his heirs and assigns forever all the following described piece or parcel of land lying and being in Howard County designated upon the plat of my lands by the number Twelve and it appurtenances Viz. Beginning for the same at a point on the South Side of a road laid out twenty feet wide at the north west corner of Lot number Eleven of my lands it being forty nine and an half feet from the North East corner of said Lot number Eleven and running thence binding thereon South thirty and three quarters degrees west one hundred and forty two and three quarter feet to the out line of the whole ground conveyed to me by Baseman and others then binding on said out line North Sixty Six degrees and thirty minutes west twenty seven and an half feet then North twenty one degrees East one hundred and forty feet and six inches to the aforesaid road twenty feet wide and at a point forty nine and an half feet North Sixty Six and an half degrees west from the place of beginning and then binding on said road South Sixty Six degrees and thirty minutes East forty nine and an half feet to the place of beginning

Eleventh Item ~ I give devise and bequeath to my son John Burgess his heirs and assigns forever all the following described piece or parcel of land situate and lying in Howard County designated upon the plat of my lands by the number Eleven with all it appurtenances Viz. Beginning for the same at the end of the Second line of the land conveyed to me by Baseman and others and on the south side of a Road laid out twenty feet wide parallel to the Frederick Turnpike, and running thence binding on the third line of said land South thirty nine degrees and fifteen minutes west one hundred and forty five feet then binding on the fourth line of said land North Sixty Six degrees and thirty minutes west twenty Seven and an half feet to Lot number Twelve then binding on Lot number Twelve, North thirty and three quarter degrees East one hundred and forty two feet and nine inches to the aforesaid road twenty feet wide then finding thereon South Sixty Six and thirty minutes East forty nine feet and six inches to the place of beginning

Twelfth Item ~ I give devise and bequeath to my son Samuel Burgess his heirs and assigns forever the twenty five acres of land in Howard that I acquired by a deed from Doctor Arthur Pue duly recorded in Liber WWW No. 23 folio 191 etc., provides however that he shall pay to his sisters Mary and Elizabeth the sum of one thousand dollars to be paid in five years in annual installments of two hundred dollars and that he shall reside south of them and assist them in their support.

Thirteenth Item ~ I give and bequeath to my daughter Elizabeth Burgess and her legal representation the amount of the mortgage due me by Sheriff Burgess.

Fourteenth Item ~ I give and bequeath to my daughter Susan I. (or J.) Conner the sum of fifty dollars.

15th Item ~ and bequeath to my son Thomas Burgess the sum of fifty dollars. Sixteenth Item ~ I give and bequeath to my daughter Minerva Ways the sum of fifty dollars.

Seventeenth Item ~ I give and bequeath to my son George Burgess my mare "Luck" and my colt that was foaled on the second of July eighteen hundred and sixty six that was sired by the stallion Andrew Johnson.

Eighteenth Item ~ I give and bequeath to my son Samuel Burgess my fast mare that was stolen last winter and which I followed to Gettysburg and recovered.

Nineteenth Item ~ I give and bequeath to my daughters Mary and Elizabeth all my household furniture and all my horses except those herein before bequeathed and my cows, hogs, chickens, and farming utensils.

Twentieth Item ~ I give and bequeath to my son John Burgess the amount of his promissory note now due from him to me which is now held by my daughter Mary.

Twenty first Item ~ I give and bequeath to my daughters Mary and Elizabeth and surplus money that there may be after the payment of the legacies herein contained after payment of my debts.

It is my wish and desire that my son Samuel and George whom I have devised the Mill and Wheelwright and Smiths shops shall continue to carry on the business that I have there conducted.

And lastly I do hereby constitute and appoint my said son Samuel to be the executor of this my last will and testament hereby revoking and annulling all other and former wills by me heretofore made, ratifying and confirming this and none other to be my last will and testament. In witness whereof I have hereunto put my hand and affixed my seal on this twenty seventh day of July in the year of our Lord one thousand eight hundred and sixty seven.

Signed sealed published and declared by The within named testator George Burgess And as for his last will and testament in the Presence Of us who at his request in his presence And in the presence of each other have hereto Subscribed our names as witnesses thereto The words "then binding thereon" having been ___ in the 7th page Between words "Turnpike and south in the 9th line from the bottom of the "in the 12th line of the 8th page the words and an half having been ___ between the words six and degrees, and in the 16th line of the 9th page the words forty nine and an half feet having been ___ between the words "point" and "North" George Burgess
Thomas McCrea Jr.
John Oldfield
W H Dawson

Howard County Sct:
The 7th day of January 1868 came Thomas McCrea Jr. and W H Dawson two of the subscribing witnesses to the aforegoing last will and Testament of George Burgess Sr. deceased and made oath on the Holy Evangely of Almighty God that they did see the testator herein named sign and seal this will that you heard him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of their apprehension of sound and disposing mind memory and understanding, and that they together with John Oldfield the other subscribing witness respectively subscribed their names as witness to this will in the presence and at the request of the testator and all in the presence of each other.
Test
Benj H Dorsey
Register of Wills for Howard County


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