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 my last Will and Testament in manner and form following to wit.

First – I direct that my funeral expenses and all just debts and claims 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 own 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, or 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 Web decd. (colored man) situate 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 thereon, and keeping the said property in good tenantable repair: These bequests to my said Wife to be in full for and in lieu and bar of Dower or Thirds or other portion of my Estate;  and any and all Claim on her part on account thereof.

Third – I direct that my Tenements or Houses and Lot or Lots of Land situate 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 authorise 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 names 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 four part thereof, and to the children of my deceased Daughter Matilda Elbert, together, the other one equal fourth part thereof: To hold the same to them my said last named children and grandchildren 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 heretofore made: Witness my hand and seal dated this Eighteenth day of June in the year of  our Lord one thousand eight hundred and forty-six. Joseph Burton

Signed sealed announced and declared by the said Joseph Burton the Testator to be his last Will and Testament, 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 only 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 at the request of the Testator, in his presence, and in the presence of each other that they subscribed their named thereto as witnesses.

In testimony whereof I hereunto subscribe my name at New Castle August 24, 1846. Joshua E. Driver Register.

Delaware, U.S., Wills and Probate Records, 1676-1971, New Castle County, Register of Wills, Burris, Adaline-Bush, John M. Image 476. Ancestry: https://www.ancestry.com/imageviewer/collections/9044/images/007653014_00476?pId=610095

Transcribed 24 Feb 2025 by Nancy Maliwesky