Last Will and Testament of John Burns Jr.

In the name of God A Men. John Burns of Yalabusha County and State of Mississippi Considering the uncertainty of life and being of sound and perfect mind and memory do make and publish this my Last Will and Testament in manner and form following, that is to say first it is my will and desire that all my property both Real and Personal shall remain in the possession, coustady, and control of my Loving Wife Ann Burns and that the proceeds of said property after deducting the nessary Expences and Support and Maintainance for my family shall be approbated to the payment and discharge of all my just debts and Liabelities, Secondly and after the discharge of my debts, to my Son James Burns I give and Bequeath negro boy James, To my Son William Burns I give and bequeath boy Bob or Robert, To my loving Wife Ann Burns during her natural life I will and bequeath negro woman Hannah and Inessy and negro boy Peckett and their Issue, and after his death Son Nyson and their Issue, To be devided equally between my two(daughters) Mary McGee and Harriet Billings, I further give and devise to my Sons William and John Burns that tract of Land on which my farm is situated, known and designated as the west half of the North East quarter and the East half of the North West quarter of section Twenty Four township Twenty Five and Range Six East like wise to William and John Burns my last mentioned Sons I give & bequeath one hundred and twenty acres of land on which I now reside lying in Section Twenty Four, Township Twenty Five Range Six East, To my daughter Harriet Billings I give and devise one half of the quarter section on which my mill is situated togather with one half of said mill, the other half of said quarter section with the other half of my mill I give and devise to my wife Ann Burns during her natural life and at her death my wife’s half of said mill and quarter section of land to be devided between my Sons Samuel and James Burns Equally. the South East quarter of Section Thirty Five, Township Twenty Five Range Six East I will and devise to my Son William Burns and it is further my will that if my Sons will join in building a mill on said quarter of Land and bear Equal Portions in the labor and Expence of building the mill then each one of my Sons to possys an Equal share in said quarter section of land. It is further my will that my Wife Ann Burns shall have my cattle, hogs, sheep and other stock and their increase during her life and may sell any amount she pleases and appropriate the proceeds of sale to the payment of my just debts and at her death the stock in her possession to be devided Equally amongst all my children, It is further my will that my cotton crop togather with all my other means that can be approperated for that purpose shall be place in the hands of George W. Billamy for the payment of all the debts that he has or may have control of and if there is not a sufficency of means this year to pay G. W. Billamy the debts I owe him then the crop of next year to be placed in his hands and so on from year to year until he is paid. To my grand son Sylvanus Alexander Burns Son of Thomas Burns I give and bequeath negro man Suvis, To my Wife Ann Burns I give and bequeath all my house hold and kitchen furniture for her natural life by her to be given at her discretion to my children in such portion and at such times as she may deem fit and proper. To my Son Samuel Burns I give and devise a tract of land in Hardeman County, Tennysee containing between thirty and forty acres, By this same morealy hereby revoking all former wills by me made In Witnys Whereof I have hereunto Set my hand and Seal this day of September A. D. 1843.
Before signing the words I give and bequeath on 2nd. Page between third and fourth line
JOHN BURNS (seal)
Signed Sealed Published and declaired by the above named John Burns to be his Last Will and Testament in the presence of who have hereunto Subscribed our names as witnyses in the presence of the Testator.
(Page two)
Thos. Vanyham Wm. S. Wyatt H. B. Carr The state of Mississippi Yalabusha County
This day personaly appeared in Open Court H. B. Carr, and Thomas Vanyham two of the Subscribing Witnyses to the forgoing Will of John Burns who being duly sworn deposith and saith that they saw and heard John Burns Sign Seal and Deliver Publish and Declare the same to be his last will and testament that he was of sound disposing mind and memory and that they signed their names as witnyses thereunto in the presence of the same John Burns and in the presence of the other subscribing witnyses W. S. Wyatt and that they saw the same William S. Wyatt Sign the same as a witnys thereto in the presence of the same John Burns and in the presence of each other on the day and year therein written and that the same has not been altered.
H. B. Carr
Thomas Vanyham.
Sworn to and Subscribed in Open Court this 3rd day of Oct. A. D. 1843
Thos. Carby Judge of Probate