Lucy; Rose, Ottey; Rose, Alexander; & Rose, Polly: Petition, Nelson County
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then my friend Alexander Brown is to hold the said money in his hands or lend it out as he may think proper and appropriate the same with the acruing [accruing] interest thereon for their comfortable support and maintenance in such manner as he may think best, either in the purchase or rent of lands or otherwise. Fifthly. In case of the death of either of my said slaves, Lucy, Ottey Rose, Alexander Rose, and Polly Rose, or any of them, I desire that the portion of money so left them shall be equally divided among the survivors. In case the one so dying shall not leave a child or children but in the event of leaving a child or children then such child or children to have the portion of their deceased parent. It being my will that the said slaves should share equally of my Estate. Sixthly. It is further my will that my friend Alexander Brown shall allow a reasonable hire for the slaves above devised to him, to be divided as aforesaid. And in case any of the principal or interest of the legacy devised for the support of my said slave, Thomas, should remain in the hands of the said Alexander Brown, at the death of the said Thomas I devise that the said surplus should be equally divided in like manner. I do hereby nominate constitute and appoint my friend Alexander Brown executor of this my last will and testament, hereby revoking all other former wills and testaments made by me in the full assurance that he will accept the trust reposed in him and fully carry out my will. In testimony whereof I hereunto set my hand and affix my seal this 22nd day of August 1839. James Halley Burton (seal) signed sealed published and declared as and for the last will & testament of the testator; who have signed the same in his presence & at his request[.] Tho Garland Arthur Hopkins Ro: C: Cutler
At a Court held for Nelson County, the 23rd day of September 1839. The last Will and Testament of James H. Burton deceased, was proved by the oaths of Arthur Hopkins and Robert C. Cutler two subscribing witnesses thereto, and ordered to be recorded. And on the motion of Alexander Brown, the Executor named in said Will, who made oath