To all those whom it may concern be it known that I Joseph Burton of the city of Wilmington in the state of Delaware do now make y last will and  Testament in manner and form following to wit

First: I direct that my personal expenses and all just debts and claim against me and my Estate be duly paid and satisfied

Second: I give and bequeath to my wife Mary Burton the sum of one hundred dollars for her absolute use and disposal likewise one Bedstead Bed and Bedding her choice and one half dozen chairs and I give and bequeath to my said Wife for her use and occupancy during her natural life all the rest of my Household and kitchen Goods and Furniture as such and so much thereof as she may desire and also all that my Messuage or House Lot of Land and premises which I purchased of William Wilson and wife formerly the property of Benjamin Webb, decd (colored man) situated on French near fifth street in Wilmington aforesaid she paying the Ground Rent to which the same is subject annually or as it may become due and also all the Taxes therein and keeping the said property in good tenantable repair. These bequests to my said wife to be in full for and in lieu and ba? of Dower or thirds or other portion of my Estate and any and all claims on her part on account thereof.

Third: I direct that my tenements or houses and lot or lots of Land situated on pasture (now called Washington) street in the said city of Wilmington being the same which I purchased of William Girley be sold by my Executors at their discretion as to mode, time,terms and conditions of sale they having due regard to that which shall be Mose advantageous to my Heirs generally and I hereby authorize my said Executors or the survivor of them to Execute and acknowledge a good and sufficient Deed or Deeds of conveyance of the same with the appurtenances to the purchaser or purchasers thereof in fee simple

Fourth: I give and bequeath to Harriett D. Shadd residing in my family the sum of twenty Dollars. Fifth, I give and bequeath to my son William Burton the sum of Ten dollars. 

Sixth: I give devise and bequeath all the rest Residue and Remainder of my Estate and property Real and personal to my children and Grandchildren (other than my before named son William) as follows to wit. To my Daughter Jane (now Jane Elbert) and my two sons Alban Burton and Joseph Burton each one equal fourth part there of and to the children of my deceased Daughter Matilda Elbert together the other equal fourth part thereof. To hold the same to hem my said last named children and Grand Children in the shares and proportions mentioned and (as to the Real Estate) their heirs and assigns forever. And lastly I nominate and hereby appoint my Wife Mary Burton and my son in law Thomas Elbert Executors of this my last will and testament Hereby annulling and making void any and all other wills by me at any time hereto fore made. Witness my hand and seal this Eighteenth day of June in the year of our Lord one thousand Eight hundred and forty six. Joseph Burton {seal}

Signed sealed announced and declared by the said Joseph Burton the testator to be 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 subscribed our names as witnesses Peter D. Hubert Jonas Pusey

New Castle County ss Before me personally appeared Peter D. Hubert and Jonas Pusey the subscribing witnesses to the foregoing will who being duly qualified according to Law did say that they saw Joseph Burton the testator sign and seal the aforesaid Instrument of Writing and 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 belief) of sound and disposing mind and memory That it was the request of the Testator in his present and in the presence of Each other that they subscribed their names thereto as Witnesses In testimony whereof I hereunto subscribe my name at New Castle August 24th 1846 Joshua E. Driver Register

Be it remembered that on this twenty fourth day of August A.D. 1846, was proved and insinuated the last will and testament of Joseph Burton late of the City of Wilmington, deceased, and letters testamentary thereupon granted unto Mary Burton and Thomas Elbert the executors in said will named and appointed, they having been qualified well and truly to execute the same, an Inventory to be exhibited into the Registers office at NewCastle on or before the 24th day of February next ensuing, and an account rendered on or before the 24th day of August A.S. 1847, or when thereunto lawfully required. Bond in a penalty of $2000. – sureties Peter D. Hubert, Abraham I. Williams.

Delaware, U.S., Wills and Probate Records, New Castle County, Willis, Vol U, 1840-1854, Image 209, Page 410. Ancestry: https://www.ancestry.com/discoveryui-content/view/564237:9044?tid=194514904&pid=302611271642&queryid=515d9331-cf50-42a4-8a83-3b79a3537cb5&_phsrc=sLP39126&_phstart=successSource

Transcribed 27 Oct 2024 by Nancy Maliwesky