Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
NameThomas Burk 
Birthbef 1698
ResidenceEssex County, Virginia
Deathabt Feb 1765
Documentation
On 24 January 1718, Thomas his T mark Burke witnessed the will of William Price of Essex County, St. Ann’s Parish, and proved the will in court on 19 May 1719. A Mary Burke also witnessed the will. [Essex County, Virginia, Will Book 3, page 92.]
On 17 November 1725, a motion of Thomas Burk against Ann ffaulkner late Ann Hardee administratrix of the estate of Andrew Hardee deceased was dismissed, “she having confessed that she had twenty seven pounds Sterling in her hands more than returned in the Inventory—” [Essex County, Virginia, Order Book 6, page 355.]
On 17 November 1725, at the request of Col. William Robinson, Capt. Thos. Waring, surviving executor of Col. ffrancis Gouldman, deceased, gave him leave to bring suit on the bond for the administration of the estate of Andrew Hardee deceased, Thomas Burk paying for the fees of the said suit. [Essex County, Virginia, Order Book 6, page 355.]
On 3 April 1727, Tho: Burke witnessed the will of Jeane Olive. He appeared in court on 20 September 1727 to prove the will. [Essex County, Virginia, Will Book 4, pages 237–238.]
In the will of Martin Nalle of South Farnham Parish, proved 20 August 1728, Thomas Burk is called his “cousin” and is named an executor. [Essex County, Virginia, Will Book 4, pages 273–273a.]
On 16 February 1730/31, in a suit brought by Thomas Burk and Ann his wife against James Coghill and Ann his wife, administratrix of Andrew Hardee deceased, the defendants were given until the next court to file their answer. [Essex County, Virginia, Order Book 8, page 124.]
On 17 March 1730/31, Thomas Burk and Ann his wife, complainants, appeared in Essex County Court against James Coghill and Ann his wife, administratrix of the goods, chattels, rights and credits of Andrew Hardy deceased. James and Ann failed to file their answer and were fined five shillings to be paid to the complainants. [Essex County, Virginia, Order Book 8, page 137.]
On 19 May 1731, Thomas Burk and Ann his wife appeared in Essex County Court against James Coghill and Ann his wife. James and Ann filed an answer. [Essex County, Virginia, Order Book 8, page 1731.]
On 15 June 1731, the Essex County Court ordered James Coghill to pay unto Thomas Burk 150 pounds of tobacco and costs for board Ann the wife of the said James from last March court until the xxjxth [29th] of April last. [Essex County, Virginia, Order Book 8, page 160.]
On 20 July 1731, the Court of Essex County ruled in the case of Thomas Burk and Ann his wife against James Coghill and Ann his wife, executrix of the estate of Andrew Hardee. The suit refers to James’s wife half of the estate, and that some of the estate had not been inventoried. The court ruled that Thomas and Ann his wife recover of the estate in the hands of James and Ann his wife one pound two shillings and six pence, and 775 pounds of tobacco, it being half the value of the 15 hogs and goods sold and the crop of Andrew on the ground at the time of his decease. [Essex County, Virginia, Order Book 8, page 167.]
On 20 July 1731, Thos Burk and Ann his wife were ordered by the Essex County Court to pay unto Elizabeth Spines[?], John Pettis and Wm Bourne 30 pounds of tobacco each for attending as a witness against John Coghill and Ann his wife. [Essex County, Virginia, Order Book 8, page 167.]
On 20 May 1734, John Turbitt of Spoysylvania County, St. Mark’s Parish, sold to Thomas Burke of Essex County, South Farnham Parish, 50 acres in South Farnham Parish for 600 pounds tobacco. This land originally belonged to John Soaper of Rappahannock County, a Taylor, who sold it to Hugh Meade, who sold it to Turbitt. Signed John Talbout [sic]. Witnesses: Martin Nalle, John Kirkpatrick, Richard Nalle. Recorded 25 May 1734. [Essex County, Virginia, Deed Book 20, pages 93–94.]
On 17 June 1735, Patrick Bolen and Katherine his wife and John Turbett of the County of Spotsylvania sold to Thomas Burke of the County of Essex and parish of Southfarnham. For 500 pounds of tobacco and £8 cash, 150 acres, part of a tract purchased by Richard Kempe and Elianer his wife of Christ Church parish and County of Middlesex of Robert Deputy and Elizabeth his wife and by them conveyed to the said Katherine on 5 June 1705. Signed Patrick his P mark Bolen, Katherine her P mark Bolen. Witnesses: Thomas Barker, Joseph Burnett, John Burnett. Ordered recorded 17 June 1735. [Essex County, Virginia, Deed Book 21, pages 14–16.]
On 8 October 1744, Martin Nalle of the County of Orange and Parish of St Marks sold to Thomas Burke of the County of Essex and paris [sic] of Southfarnham. For £6 current money of Virginia, all right and title interest and estate in a parcell in the County of Essex and Parish of Southfarnham to 55 acres, more or less, formerly belonging to James Boughan of the County of Essex and conveyed to Martin Nalle. Signed Martin Nalle. Witnesses: John Croxton Junr, Andrew Hall, William Burkes. Ordered recorded 19 February 1744. [Essex County, Virginia, Deed Book 23, pages 215–216.]
On 6 and 7 October 1745, Thomas Burk was mentioned as a bordering landowner to a tract in Southfarnham parish leased and released from John Griggs to John Boughan. [Essex County, Virginia, Deed Book 19, pages 5–8.]
On 17 December 1745, Henry Perkins, Thomas Burk and John Moore were bound £200 for Henry Perkins’s administration of the goods, chattles and credits of Griffing Purkins deceased. [Essex County, Virginia, Will Book 7, pages 408–409.]
On 16 October 1750, Thomas Burk, John Tyler and Nathl Pendelton were bound £1,000 sterling for Thomas Burk’s guardianship of Thomas Allen, orphan. Signed Thos Burk, JTyler, N Pendleton. [Essex County, Virginia, Will Book 8, pages 374–375; Order Book 16, page 211.]
On 23 April 1753, Thoms Burke witnessed a deed from Aristippus Boughan of the County of Essex to James M.Call of the same. [Essex County, Virginia, Deed Book 26, pages 300–302.]
On 17 October 1753, the Chancery Court of Essex County ruled in the case of Benjamin Allen against Thomas Burk in detinue. The jury found the following: that Erasmus Allen left a will dated 26 January 1719; that Erasmus was possessed of a Negro Mill; that Erasmus Allen to whom the Negro Girl Mill was devised died intestate without issue during the life of his mother, to whom the said Girl Mill was devised for life; that the Slave Voss is the second child the Slave Mill had after the death of Erasmus the testator; that there is a bond from John Allen, the eldest son of Erasmus the testator and eldest brother and heir at law to Erasmus Allen the intestate to Benjamin Allen bearing date 28 February 1742; that John died intestate during the life of Dinah Allen; that there is a writing from Dinah Allen to Benjamin Allen dated 7 November 1750; that Dinah Allen died before the bringing of this suit; that the Slave Voss was in her possession by the permission of the plaintiff [Benjamin Allen] until the time of her death; that Thomas Burk is now in possession of the Slave Voss and keeps him as Guardian to Thomas Allen [here there seems to be some confusion in the recording] the heir of John Allen the intestate. The justices deferred final judgement. [Essex County, Virginia, Order Book 19, pages 278–279.]
On 17 October 1753, the Chancery Court of Essex County ordered Thomas to pay unto Elizabeth Wagoner 25 pounds of tobacco for attending court one day as an evidence for him at the suit of Benjamin Allen. [Essex County, Virginia, Order Book 19, page 279.]
On 15 July 1754, Thomas Burk witnessed a deed from Henry Purkins and Elizabeth his wife of the Parish of Southfarnham to John Griggs of the same. [Essex County, Virginia, Deed Book 27, pages 20–22.]
On 4 December 1755, Thomas Burk cast votes for Colonel William Daingerfield and Colonel Francis Smith for burgesses of Essex County. [Essex County, Virginia, Deed Book 27, pages 248–252.]
On 22 March 1763, Essex County Chancery Court ruled in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, complainants, against Elizabeth Allen, widow, Henry Allen, Thomas Allen, James Allen, and Tamzin Allen defendants. “This Cause Coming on this Day to be heard on the Bill of Answer the Arguments of Counsel on both sides were heard and Mature Consideration being thereupon had It is the opinion of the Court that the Widow has no Title to Dower in the Lands or Slaves that were in Possession of Dinah Allen and that Thomas Allen the heir at Law is Intitled to the said Slaves without Coming to Distribution with the other Children. That the Division of the Estate of John Allen be Established: that the Widow has no Right to any of the rest of the slaves or Personal Estate being Barred by the Marriage Settlement in the Bill mentioned That the younger Children are not Intitled to any of their Father’s Personal Estate, unless they will collate the Estate they Claim under the Marriage Settlement aforesaid. And It is ordered that Thomas Roane, John Upshaw and James Upshaw Gentleman or any two of them Do Settle the Administration Account of the Estate of the said John Allen since the last Settlement, and value the slaves mentiond in the marriage Settlement and their Increase and Report their proceedings to the Court.” [Essex County, Virginia, Order Book 24, page 213.]
The will of Thomas Burke of Essex is dated 8 January 1765. “In the Name of God Amen I Thomas Burk of the County of Essex and parish of Southfarnham being Sick and Weak but of perfect sence and Memory thanks be given to God for the same I do make this my Last Will and Testament in manner and form following Vizt Imprimus I give my son Rickard Burk all my Land lying between the Schoolhouse spring branch and the Church Road to him and his heirs for ever Item I give to my son John Burk the rest of my Land lying on the other side of the said spring branch and the said New made line which Incloses the Land where the Ordinary stands with all my Lands over the Church Road to him and his heirs for ever Item I give to my two sons Rickard and John Burk two Negroes Named Sam and Dick to be Equally divided between them Item I give to my Daughter Mary Burk one Negro Woman named Betty and one Negro Girl Named Hannah and all there Increase to her and her heirs for ever also one feather bed and furniture Item I give to my Daughter Elizabeth Burk one Negro Woman named Judith and her Daughter named Rose one Negro Boy named Isaac and all their Increase to her and her heirs for ever also one feather bed and furniture Item I give to my Daughter Ann Burk one Negro Woman Named Cate and one Negro Girl named Clae[?] and one Negro Boy not named and her heirs for ever also one feather Bed and furniture Item I give to my Daughter Susannah Burk one Negro named S—s and one Negro Girl Named Sarah and her Increase for ever and one feather [sic] and furniture and they are to be the choice beds in the house Item my Will and desire is that the four Beds that I gave to my Daughters as aforesaid to be the four best beds in the house Item I give to my Grandson Thomas Allen one Gold Ring of the Value of twelve shillings Item my Will and desire is that all my Daughter [sic] work their Negroes on the land I have before given with the use of my new dwelling house and best Tobacco till the day of their marrage without any Interruption or hindrance and if Either of my said sons should Debar any of my daughters Negroes or themselves working the said Land or the Rest of the said houses till the day of their Marrage as aforesaid in that case the party so desparing[?] shall forfeit to the Party so Injured fifty acres of their part of the Land Item I give all the Residue and Remainder of my Estate of what nature and kind so ever to be qually Divided between my Six children Rickard John Mary Elisabeth Ann and Susannah to them and their heirs for ever Item my Will and desire is that my two Sons stand two and abide by the Division I have now made between them as I have now made of my said Land Notwithstanding any division I might heretofor made Lastly I constitute and appoint my son John Burk Executor of this my Last Will and Testament Revoking and makeing Void all former wills by me heretofore made and appointing this to be my Last Will and Testament I [sic] manner and form aforesaid in Testamony hereof I have set my hand and Seal this Eighth Day of January one thousand seven hundred sixty five”. Signed Thomas Burk LL. Witnesses: Thos Barker, John Kerchevall, Margret her x mark Kerchevall. Proved 18 February 1765. [Essex County, Virginia, Will Book 12, pages 156–157.]
On 21 May 1765, the Chancery Court of Essex County issued a decree in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, Complaints, against Elizabeth Allen Widow, Henry Allen, Thomas Allen, James Allen and Tamzin Allen, Defendants. “This day came the parties by their Counsel and two of the auditors appointed having made and returned their report in these words ‘The Estate of John Allen decd is Dr to Elizabeth Allen Widow & Adminstrx[’]” Here follows accounts beginning 18 June 1751, including 0.3.9 paid to “John Hunt for plank to make his Coffin” and 0.5.0 paid to “David Fulkner for digging his Grave”. “‘Negroe mentioned in the Marriage Settlemt Deed Vizt Tom, Ing, Jamey, Violet & Janey. Pursuant to an order of the Worshipful Court of Essex County We have settled Elizabeth Allens Administration account with her deceased Husband’s Estate since the division of his sd Estate made by Gent for that purpose appointed & find a ballance due to the Estate of Fourteen pounds six shillings & eight pence as above & We also have valued the marriage settlement slaves their increase &c. which is as above also. Given under our hands this 15th of August 1763. Thomas Roane John Upshaw.’ The said cause was further heard thereupon on consideration whereof it is Decreed & ordered that the Deft Eliza pay to the Plts in equal proportion to be divided among them the sum of Fourteen pounds six shillings and eight pence upon their giving Bond & security to refund the same if any Debts of the Intestate shall hereafter come agst the Deft Elizabeth and that the parties bear their own Costs. Whereupon the Deft Elizabeth prayed an appeal from every part of this and the Interlocutary Decree except so much thereof as established the former division of the Slaves of John Allen deced and that part which directs the Deft to pay the Fourteen Pounds six shillings and eight pence which is granted her upon giving Bond & Security in the Clerk’s office, which she has accordingly done.” [Essex County, Virginia, Order Book 26, page 121.]
On 17 November 1725, a motion of Thomas Burk against Ann ffaulkner late Ann Hardee administratrix of the estate of Andrew Hardee deceased was dismissed, “she having confessed that she had twenty seven pounds Sterling in her hands more than returned in the Inventory—” [Essex County, Virginia, Order Book 6, page 355.]
On 17 November 1725, at the request of Col. William Robinson, Capt. Thos. Waring, surviving executor of Col. ffrancis Gouldman, deceased, gave him leave to bring suit on the bond for the administration of the estate of Andrew Hardee deceased, Thomas Burk paying for the fees of the said suit. [Essex County, Virginia, Order Book 6, page 355.]
On 3 April 1727, Tho: Burke witnessed the will of Jeane Olive. He appeared in court on 20 September 1727 to prove the will. [Essex County, Virginia, Will Book 4, pages 237–238.]
In the will of Martin Nalle of South Farnham Parish, proved 20 August 1728, Thomas Burk is called his “cousin” and is named an executor. [Essex County, Virginia, Will Book 4, pages 273–273a.]
On 16 February 1730/31, in a suit brought by Thomas Burk and Ann his wife against James Coghill and Ann his wife, administratrix of Andrew Hardee deceased, the defendants were given until the next court to file their answer. [Essex County, Virginia, Order Book 8, page 124.]
On 17 March 1730/31, Thomas Burk and Ann his wife, complainants, appeared in Essex County Court against James Coghill and Ann his wife, administratrix of the goods, chattels, rights and credits of Andrew Hardy deceased. James and Ann failed to file their answer and were fined five shillings to be paid to the complainants. [Essex County, Virginia, Order Book 8, page 137.]
On 19 May 1731, Thomas Burk and Ann his wife appeared in Essex County Court against James Coghill and Ann his wife. James and Ann filed an answer. [Essex County, Virginia, Order Book 8, page 1731.]
On 15 June 1731, the Essex County Court ordered James Coghill to pay unto Thomas Burk 150 pounds of tobacco and costs for board Ann the wife of the said James from last March court until the xxjxth [29th] of April last. [Essex County, Virginia, Order Book 8, page 160.]
On 20 July 1731, the Court of Essex County ruled in the case of Thomas Burk and Ann his wife against James Coghill and Ann his wife, executrix of the estate of Andrew Hardee. The suit refers to James’s wife half of the estate, and that some of the estate had not been inventoried. The court ruled that Thomas and Ann his wife recover of the estate in the hands of James and Ann his wife one pound two shillings and six pence, and 775 pounds of tobacco, it being half the value of the 15 hogs and goods sold and the crop of Andrew on the ground at the time of his decease. [Essex County, Virginia, Order Book 8, page 167.]
On 20 July 1731, Thos Burk and Ann his wife were ordered by the Essex County Court to pay unto Elizabeth Spines[?], John Pettis and Wm Bourne 30 pounds of tobacco each for attending as a witness against John Coghill and Ann his wife. [Essex County, Virginia, Order Book 8, page 167.]
On 20 May 1734, John Turbitt of Spoysylvania County, St. Mark’s Parish, sold to Thomas Burke of Essex County, South Farnham Parish, 50 acres in South Farnham Parish for 600 pounds tobacco. This land originally belonged to John Soaper of Rappahannock County, a Taylor, who sold it to Hugh Meade, who sold it to Turbitt. Signed John Talbout [sic]. Witnesses: Martin Nalle, John Kirkpatrick, Richard Nalle. Recorded 25 May 1734. [Essex County, Virginia, Deed Book 20, pages 93–94.]
On 17 June 1735, Patrick Bolen and Katherine his wife and John Turbett of the County of Spotsylvania sold to Thomas Burke of the County of Essex and parish of Southfarnham. For 500 pounds of tobacco and £8 cash, 150 acres, part of a tract purchased by Richard Kempe and Elianer his wife of Christ Church parish and County of Middlesex of Robert Deputy and Elizabeth his wife and by them conveyed to the said Katherine on 5 June 1705. Signed Patrick his P mark Bolen, Katherine her P mark Bolen. Witnesses: Thomas Barker, Joseph Burnett, John Burnett. Ordered recorded 17 June 1735. [Essex County, Virginia, Deed Book 21, pages 14–16.]
On 8 October 1744, Martin Nalle of the County of Orange and Parish of St Marks sold to Thomas Burke of the County of Essex and paris [sic] of Southfarnham. For £6 current money of Virginia, all right and title interest and estate in a parcell in the County of Essex and Parish of Southfarnham to 55 acres, more or less, formerly belonging to James Boughan of the County of Essex and conveyed to Martin Nalle. Signed Martin Nalle. Witnesses: John Croxton Junr, Andrew Hall, William Burkes. Ordered recorded 19 February 1744. [Essex County, Virginia, Deed Book 23, pages 215–216.]
On 6 and 7 October 1745, Thomas Burk was mentioned as a bordering landowner to a tract in Southfarnham parish leased and released from John Griggs to John Boughan. [Essex County, Virginia, Deed Book 19, pages 5–8.]
On 17 December 1745, Henry Perkins, Thomas Burk and John Moore were bound £200 for Henry Perkins’s administration of the goods, chattles and credits of Griffing Purkins deceased. [Essex County, Virginia, Will Book 7, pages 408–409.]
On 16 October 1750, Thomas Burk, John Tyler and Nathl Pendelton were bound £1,000 sterling for Thomas Burk’s guardianship of Thomas Allen, orphan. Signed Thos Burk, JTyler, N Pendleton. [Essex County, Virginia, Will Book 8, pages 374–375; Order Book 16, page 211.]
On 23 April 1753, Thoms Burke witnessed a deed from Aristippus Boughan of the County of Essex to James M.Call of the same. [Essex County, Virginia, Deed Book 26, pages 300–302.]
On 17 October 1753, the Chancery Court of Essex County ruled in the case of Benjamin Allen against Thomas Burk in detinue. The jury found the following: that Erasmus Allen left a will dated 26 January 1719; that Erasmus was possessed of a Negro Mill; that Erasmus Allen to whom the Negro Girl Mill was devised died intestate without issue during the life of his mother, to whom the said Girl Mill was devised for life; that the Slave Voss is the second child the Slave Mill had after the death of Erasmus the testator; that there is a bond from John Allen, the eldest son of Erasmus the testator and eldest brother and heir at law to Erasmus Allen the intestate to Benjamin Allen bearing date 28 February 1742; that John died intestate during the life of Dinah Allen; that there is a writing from Dinah Allen to Benjamin Allen dated 7 November 1750; that Dinah Allen died before the bringing of this suit; that the Slave Voss was in her possession by the permission of the plaintiff [Benjamin Allen] until the time of her death; that Thomas Burk is now in possession of the Slave Voss and keeps him as Guardian to Thomas Allen [here there seems to be some confusion in the recording] the heir of John Allen the intestate. The justices deferred final judgement. [Essex County, Virginia, Order Book 19, pages 278–279.]
On 17 October 1753, the Chancery Court of Essex County ordered Thomas to pay unto Elizabeth Wagoner 25 pounds of tobacco for attending court one day as an evidence for him at the suit of Benjamin Allen. [Essex County, Virginia, Order Book 19, page 279.]
On 15 July 1754, Thomas Burk witnessed a deed from Henry Purkins and Elizabeth his wife of the Parish of Southfarnham to John Griggs of the same. [Essex County, Virginia, Deed Book 27, pages 20–22.]
On 4 December 1755, Thomas Burk cast votes for Colonel William Daingerfield and Colonel Francis Smith for burgesses of Essex County. [Essex County, Virginia, Deed Book 27, pages 248–252.]
On 22 March 1763, Essex County Chancery Court ruled in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, complainants, against Elizabeth Allen, widow, Henry Allen, Thomas Allen, James Allen, and Tamzin Allen defendants. “This Cause Coming on this Day to be heard on the Bill of Answer the Arguments of Counsel on both sides were heard and Mature Consideration being thereupon had It is the opinion of the Court that the Widow has no Title to Dower in the Lands or Slaves that were in Possession of Dinah Allen and that Thomas Allen the heir at Law is Intitled to the said Slaves without Coming to Distribution with the other Children. That the Division of the Estate of John Allen be Established: that the Widow has no Right to any of the rest of the slaves or Personal Estate being Barred by the Marriage Settlement in the Bill mentioned That the younger Children are not Intitled to any of their Father’s Personal Estate, unless they will collate the Estate they Claim under the Marriage Settlement aforesaid. And It is ordered that Thomas Roane, John Upshaw and James Upshaw Gentleman or any two of them Do Settle the Administration Account of the Estate of the said John Allen since the last Settlement, and value the slaves mentiond in the marriage Settlement and their Increase and Report their proceedings to the Court.” [Essex County, Virginia, Order Book 24, page 213.]
The will of Thomas Burke of Essex is dated 8 January 1765. “In the Name of God Amen I Thomas Burk of the County of Essex and parish of Southfarnham being Sick and Weak but of perfect sence and Memory thanks be given to God for the same I do make this my Last Will and Testament in manner and form following Vizt Imprimus I give my son Rickard Burk all my Land lying between the Schoolhouse spring branch and the Church Road to him and his heirs for ever Item I give to my son John Burk the rest of my Land lying on the other side of the said spring branch and the said New made line which Incloses the Land where the Ordinary stands with all my Lands over the Church Road to him and his heirs for ever Item I give to my two sons Rickard and John Burk two Negroes Named Sam and Dick to be Equally divided between them Item I give to my Daughter Mary Burk one Negro Woman named Betty and one Negro Girl Named Hannah and all there Increase to her and her heirs for ever also one feather bed and furniture Item I give to my Daughter Elizabeth Burk one Negro Woman named Judith and her Daughter named Rose one Negro Boy named Isaac and all their Increase to her and her heirs for ever also one feather bed and furniture Item I give to my Daughter Ann Burk one Negro Woman Named Cate and one Negro Girl named Clae[?] and one Negro Boy not named and her heirs for ever also one feather Bed and furniture Item I give to my Daughter Susannah Burk one Negro named S—s and one Negro Girl Named Sarah and her Increase for ever and one feather [sic] and furniture and they are to be the choice beds in the house Item my Will and desire is that the four Beds that I gave to my Daughters as aforesaid to be the four best beds in the house Item I give to my Grandson Thomas Allen one Gold Ring of the Value of twelve shillings Item my Will and desire is that all my Daughter [sic] work their Negroes on the land I have before given with the use of my new dwelling house and best Tobacco till the day of their marrage without any Interruption or hindrance and if Either of my said sons should Debar any of my daughters Negroes or themselves working the said Land or the Rest of the said houses till the day of their Marrage as aforesaid in that case the party so desparing[?] shall forfeit to the Party so Injured fifty acres of their part of the Land Item I give all the Residue and Remainder of my Estate of what nature and kind so ever to be qually Divided between my Six children Rickard John Mary Elisabeth Ann and Susannah to them and their heirs for ever Item my Will and desire is that my two Sons stand two and abide by the Division I have now made between them as I have now made of my said Land Notwithstanding any division I might heretofor made Lastly I constitute and appoint my son John Burk Executor of this my Last Will and Testament Revoking and makeing Void all former wills by me heretofore made and appointing this to be my Last Will and Testament I [sic] manner and form aforesaid in Testamony hereof I have set my hand and Seal this Eighth Day of January one thousand seven hundred sixty five”. Signed Thomas Burk LL. Witnesses: Thos Barker, John Kerchevall, Margret her x mark Kerchevall. Proved 18 February 1765. [Essex County, Virginia, Will Book 12, pages 156–157.]
On 21 May 1765, the Chancery Court of Essex County issued a decree in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, Complaints, against Elizabeth Allen Widow, Henry Allen, Thomas Allen, James Allen and Tamzin Allen, Defendants. “This day came the parties by their Counsel and two of the auditors appointed having made and returned their report in these words ‘The Estate of John Allen decd is Dr to Elizabeth Allen Widow & Adminstrx[’]” Here follows accounts beginning 18 June 1751, including 0.3.9 paid to “John Hunt for plank to make his Coffin” and 0.5.0 paid to “David Fulkner for digging his Grave”. “‘Negroe mentioned in the Marriage Settlemt Deed Vizt Tom, Ing, Jamey, Violet & Janey. Pursuant to an order of the Worshipful Court of Essex County We have settled Elizabeth Allens Administration account with her deceased Husband’s Estate since the division of his sd Estate made by Gent for that purpose appointed & find a ballance due to the Estate of Fourteen pounds six shillings & eight pence as above & We also have valued the marriage settlement slaves their increase &c. which is as above also. Given under our hands this 15th of August 1763. Thomas Roane John Upshaw.’ The said cause was further heard thereupon on consideration whereof it is Decreed & ordered that the Deft Eliza pay to the Plts in equal proportion to be divided among them the sum of Fourteen pounds six shillings and eight pence upon their giving Bond & security to refund the same if any Debts of the Intestate shall hereafter come agst the Deft Elizabeth and that the parties bear their own Costs. Whereupon the Deft Elizabeth prayed an appeal from every part of this and the Interlocutary Decree except so much thereof as established the former division of the Slaves of John Allen deced and that part which directs the Deft to pay the Fourteen Pounds six shillings and eight pence which is granted her upon giving Bond & Security in the Clerk’s office, which she has accordingly done.” [Essex County, Virginia, Order Book 26, page 121.]
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