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The Family Garden
Notes
Matthew BURT
He was a Revolutionary War Patriot. *Source: THE MATHEW BURT FAMILY OF VIRGINIA AND THE DEEP SOUTH , Compiled by Robert Mathis, 1976
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Timeline of events in the life of Matthew Burt constructed from various documents:
16 Jul 1744 in York Co., VA - Matthew bound himself as an apprentice.
21 May 1750-12 Jun 1752 - resided in York Co, VA
1760 - he resided in York Co, Va
1760 - he resided in Lunenburg Co, VA
1760-1763 - he resided in Cumberland Parish, Lunenburg Co, VA
30 Sep 1763 - he resided in Cumberland Parish, Lunenburg Co, VA
10 Jun 1764 - he resided in Cumberland Parish, Lunenburg Co, VA.
31 Oct 1766 - he purchased land in Mecklenburg Co, VA.
12 Mar 1770 - he purchased land in Mecklenburg Co, VA.
12 May 1777 - 11 May 1778, he resided in Mecklenburg Co, VA
12 Oct 1778 - he sold land in Mecklenburg Co, VA
1782 - he resided in Charlotte Co, VA.
26 Dec 1787 - he resided in Charlotte Co, VA
Jun 1794 - he had a will probated in Edgefield Co, SC.
*Source: Research of Bill Adams
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Bet. 1744 - 1794 He was a Master Chairmaker & Wheelwright
*Source: Carol Zangerl
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York County, VA Wills and Inventories No. 19, 1740-46, p. 294,
16 July 1744:
Mattw Burt this day by the consent and approbation of the Court bound himself as apprentice to Richard Hobay to serve him til he arrives at the age of twenty one years by indenture and the said Hobay acknowledges the same on his part.
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Rec: 14 Apr 1764
1763/64 Returns of processioning. . .No.3 Processioned by Everd. Dowsing, Mattw. Burt & Thomas Edwards, viz... (between Mattw. Burt & Richard Williams.. .Lazerus Williams & Matthw. Burt. . . . Jon Blaxton & Mattw. Burt. . .Matthw. Burt & Mattw. Wells.. .Mattw. Burt & Thomas Edwards.. .Thos. Lowery & Burt.. .Burt & Jon. Cuttila. . . Jon. Epps & Burt ... Burt & Thos. Biddy...
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Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB1O - 1764-67
p.109-112: 14 Mar 1765 - Lazarus Williams to Richard Williams both of
Lunenburg Co., 4 pounds, 800 acres; Lunenburg Co., part of grant Nicholas
Williams 9 Feb 1737 and conveyed to said Lazarus by William Williams 7 Apr 1761, lower side Reedy Cr., adj. Matthew Burt, Great Branch, other tract part of grant Lazarus Williams 20 Sep 1751
Wit: John Hix, James Gee, William Gee Sig: Lazarus Williams
Rec: 14 Mar 1765
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Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB1O - 1764-67
p. 155-156: 7 Nov 1763 - John Blackston of Lunenburg Co. to Charles Cook of North Carolina, regard for Blackston's daughter Susanah wife of said Cook, gives their son John Cook 150 acres part of tract where Blackston lives; Lunenburg Co., that part on E. side Reedy Cr., adj. land William Embry decd., Matthew Burt, Matthew Wells; desires to have them living near him.
Wit: Peter Akin, William Jeter Sig: John FB Blackston
Thos. Tabb, Sell. Walker, Jr.
Rec: 9 May 1765
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB11 - 1767-71
p.10-12: 9 Oct 1766 - Matthew Bird [?] and wife Ann to Charles Hamlin, all of Lunenburg Co., 400 pounds, 850 acres; Lunenburg Co., Reedy Cr., branches Flat Rock Cr., adj. John Blaxton [Blackston], Richard Williams, Hawkins, Thos. Lowry, Thos. Edwards, Charles Cook.
Wit: Lyddal Bacon, Henry Blagrave, Thos. Winn
Rec: 14 May 1767
Sig: Mathew Burt Ann Burt
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB11 - 1767-71
p.12-13: 8 Jan 1767 - Ann, wife of Matthew Bird, reliquished dower right in above deed. Rec: 14 May 1767 Sig: Lyddal Bacon, David arland
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Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB12 - 1771-77
p. 266-67 - 1 Sep 1772 - Alexander Burt witness to deed p.501-501 - 2 Nov 1775 - Alex. Burt witness to deed
DB13 - 1777-84
p.206, 22 Feb 1779 - John Burt witness to deed
p. 324 , 29 Oct 1778 - John Burt witness to deed
DB16 - 1790-95
p.236 - 23 Dec 1791 - Hesekiah Burtt witness to deed
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Will of Mathew Burt
Last Will and Testament was proved in Open Court June Term
1794 by the oath of Eugene Brenan Jeremiah Hatcher &
Vincent P. Williamson
and ordered to be recorded. R Tutt RMC
In the Name of God, Amen. I Mathew Burt Senr of South
Carolina Edgefield County Being Weak in Body But of perfect mind
& memory thanks be given unto God Cauling (sic) unto mind the
mortality of my Body & knowing that it is appointed for all men
once to die do make and ordain this my last Will and Testament
(VIZ)
Principally and first of all I give and recommend my soul into
the hands of Almighty God that gave it and my body I recommend
to the Earth to Be Buried in a Decent Christian Burial at the
Discretion of Executors Nothing Doubting But I Shall at the
General Resurrection I shall Receive the Same Again by the mighty
power of God and as touching Such Worldly Estate Wherewith it
has pleased God to Bless me with in this life I Give and Demise
and Dispose of the same in the following Manner & form (VIZ)
IMPRIMIS It is my Will and I do order that all my Estate be kept
together three years after my Decease under the care &
management of my Executors in order to satisfy and pay all my
Just Debts and also raise forty two thousand weight of Tobacco
to pay for a tract of land my son Moody Burt Purchased of John
Rutledge for me known by the name of Rich land pond provided the
said Mudy Burt do have the titles made to me or such of my sons
as I shall hereafter name.
ITEM I give and bequeath to my Son John Burt ten pounds
Sterling to him his heirs forever.
ITEM I Give and Bequeath to my sons Mudy Burt Francis Burt
Harwood Burt Philip Burt Edward Burt and Armstead Burt all my
Lands including the tract whereon I now live also the Tract
where my Brother Mudy Burt deceased lived on & the rich land
pond tract to be Equally divided between them the said lands
to be for my Six Sons Last above Named to them and their Heirs
forever Giving my son Mudy Burt the privilege after the Lands
are divided the first choice of Lotts also I Give Francis Burt
the Privilege of Taking his lot so as to Include the Spring
and Improvements not considering the Improvements worth
anything
ITEM I Give and Bequeath all the rest of my rest of my Estate
of what kind so ever to be Equally Divided between my sons and
Daughters Namely Moody Burt Francis Burt Robert Burt Harwood
Burt Mary Burt Philip Burt Edward Burt Nancy Burt Armstead
Burt Susannah Burt Patsey Hewitt Burt the same to be for them
and their heirs forever.
Lastly I do Constitute to this my last will and Testament my
sons Budy Burt Francis Burt Robert Burt and Philip Burt
Executors to this my last Will and Testament and I do hereby
also revoke and Disannul all other Wills Bequeaths and
Testaments by me heretofore made and also I do Disannul all
other Executors by me heretofore appointed.
Signed Sealed Published Declared in presents of us who in
presence of Each other have Subscribed our Names as Witnesses
to the same this 14th Day of April in the year of our Lord one
thousand seven Hundred and Ninety four.
Eugene Brenan } Matthew Burt {Seal}
J Hatcher }
Vincent P Williamson }
*Source: Court House Records, Edgefield Co., SC, Will Book A pages 65-67
Note: Will was dated 14 Apr 1794 and the will was proved in open court duringthe June 1794 term.
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Oral History: CONSIDERATIONS IN THE COMPOSITION OF THE FAMILY OF MATTHEW BURT SENIOR
Prepared by B. J. Adams, 20 July 2000
Considerations in the Composition of the Family of Mathew Burt Senior
There are some postings on the internet and inclusions in some CDs that attribute 16 children to Mathew Burt, b York Co., VA about 1725 and d Edgefield County, SC 1794. These children include Willis and William and "a son born about 1770 who died young." I offer the following comments, trusting that those so inclined to use that particular family grouping do so with the utmost of caution.
This particular family composition originated from the following by James Claude Burt, now deceased, but a respected Burt Family historian of earlier times:
THE MISSING SONS OF MATHEW BURT
We have the necessary records to be certain of the relationship of the foregoing families. Now we will have to do some genealogical guessing about these other brothers and they would have to be older brothers to prove the truth of the story about the Seven Revolutionary War brothers.
According to Dr. John Smith Burt of Ark. born 1819, son of Hewitt Burt, born 1791, we have ten brothers. If we take the word of Harriet Glover Watson of
Anniston, Ala, descendant of Oswell Burt, born about 1810, a son of Francis Burt, born 1759, we have Twelve brothers.
We almost have to take the Twelve brother record to satisfy the seven brother tradition. In Moody Burt's Application for Veterans' Benefits filed in 1836, he speaks of only his brother Robert as being in the War. A biographical sketch of Francis Burt, First Territorial Governor of Nebraska, says that his father, Francis Burt had Revolutionary War service. The other sons named in Mathew Burt's Will of 1794 were too young for service.
We think that Mathew Burt lived in Mecklenberg County for perhaps ten years at least. In fact Harriet Glover Watson said that he moved from Mecklenberg County to Edgefield, but we know he lived in Charlotte County for twelve years prior to 1790. The Circuit Clerk of Mecklenberg has an Appraisal of the Estate of Mathew Burt dated 1778. So we can assume that he was one of the sons of Mathew, Sr. and close to John Burt in age, born say 1752. Then in a Deed in Charlotte County, Witnessed in 1790, we have the name of W. Burt, junr. (In these early days, Senior and Junior were used to distinguish an older and a younger, not necessarily father and son. In York County where W. - probably William- was born, Mathew had an older brother named William, also an uncle.)
In our section "Virginians in the Revolution" we have Willis Burt in the 6th Colonial (Virginia) Regiment along with Mathew Burt. Willis is also a Burt family name and in Edgefield in 1814-15 we have several Land Deeds of Willis Burt. (This Willis Burt could possibly have been one of the sons of Robert Burt, died 1797.) Also we have John Burt in the Virginia State Regiment and William Burt in the Infantry.
Now if we take John Burt, Mathew Burt, Willis Burt, William Burt, Moody Burt, Robert Burt and Francis Burt we have the seven brothers in the traditional story.
We now make a new tabulation of Mathew Burt's Family
1. John Burt, born 1749-50 in York County, Va., died after 1820 perhaps in
Abbeville County, S. C.
2. Mathew Burt, Jr., born 1751-52 in York County, died 1778 in Mecklenburg County, Va.
3. Willis Burt, born 1754 in York County, died - no record. He may have been in Edgefield County in 1816.
4. William Burt, born 1756 in York County. He may have remained in Charlotte County when his father moved to Edgefield in 1790.
5. Moody Burt, born in York County, Dec. 25, 1757, died in Anderson District, S. C. Oct. - Nov. 1843.
6. Francis Burt, born in York County in 1759, died in Pickens District June
9, 1838.
7. Robert Burt, born - we think - in York County, died late 1797 or early
1798 in Edgefield County
8. Harwood Burt, born 1762. (We do not know just when Mathew moved from York County. See Note about Pittsylvania. But he was in Mecklenburg for a number of years where probably the rest of his children were born). Harwood died in the summer of 1815 in Edgefield.
9. Mary Burt, born 1764-65.
10. Philip Burt, born 1767-68, died in Edgefield early 1829.
11. Do we have a son born about 1770 who died young. To satisfy the twelve brother tradition we have to have another son, whose name we have not found.
12. Edward Burt, born 1771, died in March, 1809 as a result of a fall from
his horse.
13. Nancy Burt, born about 1773, died after 1840 in Anderson Dist.
14. Armstead Burt, born about 1775, died late 1839 in Edgefield.
15. Susannah Burt, born 1776-80, See first notation
16. Patsey Hewitt Burt, born 1776-80. " "
The following critical comments of the above were prepared by Bill Adams.
To start out what is supposed to be a definitive study of a family history with the initial statement that he will "have to do some genealogical guessing" makes the entire document suspect from the beginning. And then: "We almost have to take the Twelve brother record to satisfy the seven brother tradition." Taking one tradition to satisfying another tradition still offers no proof for either tradition. I have found no source for a "Twelve Brother" tradition. I do know that when Mathew wrote his will, he named twelve (12) living children, eight (8) sons and four (4) daughters. My question then becomes: Did some one through the many years, confuse "children (siblings)" with "brothers?" In this will, Mathew Burt identifies himself as Mathew Burt Senior and provides names of 12 children. The will of Mathew Burt was written 14 April 1794 and probated in June 1794, Edgefield County, SC. Those children named were: John Burt, Moody Burt, Francis Burt, Robert Burt, Harwood Burt, Mary Burt, Philip Burt, Edward Burt, Nancy Burt, Armstead Burt, Susannah Burt and Patsey Hewitt Burt. Patsey Hewitt has been otherwise identified as Martha Hewitt Burt.
In addition, there are court records of Mecklenburg County, VA of the death of a Mathew Burt, Jr. From this, there is proof of at least 12 children, all living in 1794, and strong evidence of a 13th child. Next - there is a statement on page 52 in another manuscript by James Claude Burt, available in the library at LA Tech, Ruston, LA, as follows: "Also John Daniel Burt, born in 1816, son of the John Burt, born in 1776, tells his son William A. that he had seven GREAT-uncles who fought in the Revolutionary War. If John Burt, born 1776, had been Mathew's son, then his older brothers Moody Burt and Robert Burt, both Revolutionary War soldiers, would have been UNCLES to John Daniel." For John Daniel, some of his mother's uncles could have fought in the American Revolution, thus being great uncles of John Daniel. On page 96 of this same document, a great uncle is identified and one person has been accepted into the DAR on this record. And further, if John Burt fought in the American Revolution, he would not have been a great uncle to John Daniel, rather would have been a grandfather. In the fourth paragraph of his "Missing Sons" manuscript above, James Claude Burt mentions that Harriet Glover Watson stated that Mathew Burt moved from Mecklenburg county, VA to Edgefield. He then follows with the fact that this is wrong, that he (Mathew) in fact lived in Charlotte County, VA after Mecklenburg and before Edgefield. Accepting one statement while rejecting another lacks consistency. From perhaps a source allied with Harriet Glover Watson, the following is extracted from Page 47, Vol. 156, of Alabama Records, Benton County - now Calhoun, By Pauline Jones Gandrud, 1981 Southern Historical Press, Easley, SC "1850 Census Benton Co. Ala. Family No. 478 Jacksonville District
Glover, Wily 28 SC farmer $2500
Angeline S. 20 Ala
Willis A. 1 "
" Susan 46 SC
Memorial record of Ala. Vol. 1 page 595 published 1895. Sketch of Dr. W. Glover b. S C. Oct. 21, 1822 son of Willis & Susan (Wightt) Glover, both natives of Va. The father, Willis Glover was a farmer. The mother was a daughter of Truman and Martha (Burt) Wightt. The grandmother Burt had seven brothers who fought through the Revolutionary War and not one ever received a wound. . ." This brief passage has three errors of fact in it.
First, Moody Burt, a son of Mathew, was in fact wounded. The following is a description included in the LA Tech manuscript prepared by James Claude Burt: ". . . served as corporal and sergeant in Captain Benjamin Taliaferro's Company, Colonel Richard Parker's Virginia Regiment, marched to Savannah, Georgia, and was in the siege of that place; that he was severely wounded at said siege, nature of wound not stated, was sent to Charleston, South Carolina, where be remained for three months receiving treatment, then rejoined his regiment at Augusta, Georgia, and. that he remained at Augusta until after the fall of Charleston, his wound having re-opened, and was later discharged, date of discharge not shown; . . ." Thus, there is a well-documented record that Moody Burt was in fact wounded during the American Revolution. Second error: Martha Hewitt Burt married John Wightt, not Truman Wightt. Third error: Susan Wightt was not a native Virginian. She apparently was born in SC. Now, to those picked to be sons of Mathew. Mathew did in fact have a brother named William. My research has led me to the conclusion that this brother died in Surry County, VA in 1776. This William did not have a son named William. Mathew had an uncle named William who died in Greensville County, VA about 1783 who had a son named William. There are DAR records to document that this William, who died in Warren County, NC in 1823, is the one who served in the American Revolution in VA. As of this date, I can find no record of the Willis Burt who served in the American Revolution. I do have a record of the Willis Burt son of Robert Burt and grandson of Mathew Burt. Willis was present in Edgefield County, SC in 1797, the date of death of Robert. It has been my belief, and belief only with no proof, that the deed records of Edgefield County were made by this grandson of Mathew. I just cannot believe that Mathew would write his will, name his children and omit one living in the same county, one who served in the Revolutionary service. NOTE 1:
Source:
Roster of The Virginia Daughters of the American Revolution (Revised), 1890-1958, Published by The Virginia Daughters of the American Revolution, page 446, entry as follows:
Burt, William; b. Mecklenburg Co., Va., ca 1754; d. Warren Co., N.C., July 8, 1823; res. Va.; private; pp. 183, 284. Repository: Public Library, Birmingham, ALA.
*Source: Bill Adams
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Charlotte Co., VA Miscellaneous Deeds
Submitted 6-20-00 by Tom McCargo
Char Co Bk 6 Pg 189 17 Jun 1797
John McCargo from Thos. Williams This indenture dated the 17th day of June 1797 between Thomas Williams, of Charlotte County, and John McCargo, of the same county, [conveys] for the sum of 300 Pounds, current money of Virginia, a certain parcel of land lying in the said county, on the Little Horse Pen and Silcocks Creeks, bounded by Thomas William's, Dudley Brooke's, Thomas Denning's, Henry Portwood's and William Johnston's lines, containing by estimation 814 acres, which the said Thomas Williams holds by deed of sale from MATTHEW BURT.
Witnesses:???? Signed Thomas Williams
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LUNENBURG COUNTY, VIRGINIA - SUNLIGHT ON THE SOUTHSIDE
SUNLIGHT ON THE SOUTHSIDE
Transcribed by Thomas Walter Duda
Part 7
"List of Tythes taken by Thos. Tabb for June 10th, 1764, Cumberland Parish" Tithes Land
MATTHEW BURT ............................ 6 850
{page 241}
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Anne HEWITT
Sources: From Note Cards of Thelma Ironmonger Hansford, LDS Film # 1728879; Also Deed Book 6, (1755-1763) Page 83, May 10, 1757, by Matthew Burt, chairmaker, and Ann his wife, pertaining to 66 1/2 acres in York, Hampton Parish, and being one third part of a tract belonging to Francis Hewitt, deceased father of said Ann.
Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB11 - 1767-71
p.10-12: 9 Oct 1766 - Matthew Bird [?] and wife Ann to Charles Hamlin, all of Lunenburg Co., 400 pounds, 850 acres; Lunenburg Co., Reedy Cr., branches Flat Rock Cr., adj. John Blaxton [Blackston], Richard Williams, Hawkins, Thos. Lowry, Thos. Edwards, Charles Cook.
Wit: Lyddal Bacon, Henry Blagrave, Thos. Winn
Rec: 14 May 1767 Sig: Mathew Burt
Ann Burt
Deed Books of Lunenburg Co. (Sutro Library, Cal Sate San Francisco F232 L9 E8, series of books abstracted by June Banks Evans) DB11 - 1767-71
p.12-13: 8 Jan 1767 - Ann, wife of Matthew Bird, reliquished dower right in above deed. Rec: 14 May 1767 Sig: Lyddal Bacon, David Garland
*Source of all above: Research of Bill Adams
Moody BURT
"...served as corporal and sergeant in Captain Benjamin Taliaferro's Company, Coloney Richard Parker's Virginia Regiment, marched to Savannah, Georgia, and was in the siege of that place; that he was severely wounded at said siege, nature of wound not stated, was sent to Charleston, South Carolina, where he remained for three months receiving treatment, then rejoined his regiment at Augusta, Georgia, and that he remained at Augusta until after the fall of Charleston, his wound having re-opened, and was later discharged, date of discharge not shown..."
*Source: LA Tech manuscript prepared by James Claude Burt from the research of Bill Adams. Moody resided 1776 in , Lunenburg Co., VA.
He served in the military Private Militia 17 Mar 1779 in , Mecklenburg Co., VA.
He signed a will 6 Aug 1834 in , Anderson Co., SC.
He wrote a Codicil to his will 27 Mar 1841 in , Anderson Co., SC. SOURCES: According to pages 65,66 & 67, Will Book A, Edgefield Co., SC, Moody Burt is identified by will as a son of Mathew Burt. The will, dated 14 April 1794, was proved in Open Court, June Term, 1794.
MARRIAGE: Other researchers have concluded that Moody Burt
married Mary (Polly) Avery, sister to a Judge Avery of Georgia. I have seen no evidence of such.
*Source: Research of Bill Adams Moody married Mary AVERY.
They had the following children:
28 F i. Sarah BURT.
29 F ii. Martha H. BURT died about 1841.
Martha married Lewelling GOODE. Lewelling was born about 1790. He died about 1841.
*Source: Research of Bill Adams
Mary BURT
According to pages 65, 66 & 67, Will Book A, Edgefield Co., SC Mary Burt is identified by Will as a daughter of Mathew Burt. The Will, dated 14 April 1794, was proved in Open Court, June Term, 1794. In one paper purporting to enumerate the children of Mathew Burt, Mary Burt is listed as possibly being a twin of Moody Burt. However, in the Will as recorded in Edgefield Co., SC, she is listed between the names of son Harwood Burt and son Philip Burt. For this reason, this compiler has shown Mary in the sequence as listed in the Will, with a birth date of approximately 1763.
*Source: Research of Bill Adams
Armistead BURT
In the research of Bill Adams, two death dates are shown for Armstead:
7 Aug 1839 and 08 Jan 1840.
The Elder Richard BURT
Richard Burt "the Elder" was born about 1665, presumably in Virginia. No records have been found concerning the parents of Richard Burt the elder. There are records that a Richard Burt was living in Charles River County, Colonial Virginia in 1642 and 1649. This person was in that portion of Charles River County that later became Gloucester County. Richard married Elizabeth Hansford, daughter of Thomas Hansford and Elizabeth Jones, about 1687 in VA. Elizabeth was born about 1670 in VA. She died after 1692 in York Co., VA. Evidence of this marriage is shown in York Co, VA Deeds, Orders, Wills, etc, Parts 1 & 2, 1687-1691 by John Frederick Dorman, Page 153 (in this document Richard petitions the court to obtain his wife's portion of her father's estate):
"Richard Burt settling forth by his petition that hee haveing marryed Elizabeth Hansford daughter of Mr. Thomas Hansford deceased, shee haveing an estate now in teh possession of Mr. Charles Hansford, itt is ordered that Charles Hansford pay to Burt all such estate according to inventory". This at a court held 24 Sep 1688, so they were married sometime before this date. From this marriage there was only one child, Richard Burt "the younger", as evidenced by the following indenture made in January 1737/8: "the one Third part of a Certain Tract or parcell of Land Situate Lying and being in York County and York hampton parish containing two hundred acres more or less and is now in the possession and occupation of Richard Burt the Elder which Said Land was Given by the Last will and Testament of Elizabeth Hansford the Sole heir of Richard Jones to Elizabeth her Daughter who Intermarried with the above named Richard Burt the Elder by which marriage She the Said Eliz had Richard Burtt the younger (her Sole and only heir Richard the younger Intermarried with Catherine By whom he had three Daughters VIZ. Martha Eliz and the above named Judith the wife of the Said John Cosby So that the said Land (after the Death of Richard the Elder) Doth Descend to the three Daughters of Rich. the Younger as Coheirs and all houses Edifices buildings orchards Pastures woods waters marshes Easements Profits Commodities advantages and ?heritances? whatsoever to the Said one third part of the Said Tract or parcell of Land belonging or in any wise appertaing the right and title of the Said Richard the Elder being allways Saved and Excepted and also the reversion & reversions Remainder & Remainders Rents and Services of all and Singular the premices" This deed clearly identifies Richard the younger as the only and sole heir of Richard the elder Burt and his wife Elizabeth. Further, this deed clearly identifies Elizabeth, wife of Richard the elder, as a daughter of Thomas and Elizabeth Jones Hansford. Elizabeth's father Thomas Hansford was executed in 1676/77 for his part in Bacon's rebellion. Elizabeth's life was also involved in some controversy - she was arrested and charged with assault of Mary Peters, wife of Francis Peters, on 18 Jul 1692. (details to follow below).
Richard Burt married secondly Elizabeth Moody, daughter of Josias Moody and Elizabeth Foliott, sometime after 1692 in Virginia. Elizabeth was born about 1677 in Viginia and died before 1745. Richard Burt died in York County in 1745. His will appears below: "In the Name of God Amen I Richard Burt of York Hampton Parish in York County being in perfect Sence and Memory do make this my last Will and Testament in Manner and form as followeth
"First I commit my Soul to Almight God that gave it to me and my Body to be decently buried according to the discretion of my Executors hereafter named
Item I give to my grandson Richard Burt son of Josias Burt my Negro Girl Rachel
Item I give to my granddaughter Martha Garra one Shilling Sterling
Item I give to my granddaughter Judith Cosby one Shilling Sterling
Item I give to my granddaughter Elizabeth Fuller one Shilling Sterling
Item I give to my grandson John Burt one Shilling Sterling
Item I give to my grandson William Burt one Shilling Sterling
Item I give to my grandson Matthew Burt one Shilling Sterling
Item I give to my grandson Philip Burt one Shilling Sterling
Item I give to my grandson Moody Burt one Shilling Sterling
Item I give to my granddaughter Mary Burt one Shilling Sterling
Item I give to my granddaughter Elizabeth Burt one Shilling Sterling
Item I give to my granddaughter Hannah Burt one Shilling Sterling
Item I give to my grandson Francis Peters one Shilling Sterling
Item I give to my grandson Matthew Peters one Shilling Sterling
Item I give to my grandson Robert Peters one Shilling Sterling
Item I give to my grandson Edmund Peters one Shilling Sterling
Item I give to my granddaughter Mary Peters one Shilling Sterling
Item I give to my granddaughter Elizabeth Peters one Shilling Sterling
Item I give to my granddaughter Anne Peters one Shilling Sterling
Item I give all my wearing apparel to my son Josias Burt
Item I give to my son Josias Burt four negroes Tom Pegg Lucy Kab?
Item I give to my son William Burt three negroes Daniel Pheney Will
and all the remainder of my estate I give to be equally divided between my two sons Josias Burt and William Burt and I do appoint my two sons Josias and William Burt my Executors of this my last Will and Testament as Witness my hand and Seal this twenty first of February one thousand seven hundred and forty four" (1744/5)
his
Richard R Burt
mark
Witnesseth in the Presence of us
Richard Pate
John Coman *York Co, VA Wills and Inventories, 1746-1759, page 8
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At a court held for York Co, the 18th Day of November 1745. This will was presented in Court by Josias Burt and William Burt the executors hereine named and the same was proved by the oaths of Richard Pate and John Coman the witnesses thereto and ordered to be recorded And on the motion of the said Executors who made oath according to law Certificate was granted to them for obtaining a Probat thereof in due form giving Security Whereupon they together with William Mooday and Richard Pate their Security entered into and acknowledged Bond in the Penaly of L1000.
ibid, pages 13, 14 and 15 contain the Inventory and Apparisement of the Estate of Richard Burt Decd.
In obedience to an Order of York count bearng Date the 16th Day of December 1745, We the subscribers being first sowrn before Mr. Ellyson Armistead one of His Majestys Justices of the Peace then did appraise all the Estate was brought before us of Richard Burt Decd and Witnesseth our hand on this the 12th day of March 1745 (1745/46)
Josias Burt John Hansford
William Burt Charles Hansford
Edward Pate
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Virginia Beginnings
This is an attempt to document the history of the Burt family in the Southeastern United States. At this time, our efforts have primarily centered around the genealogy of two distinct Burt families: one initially located in York Co., Virginia, and another in neighboring Gloucester Co., Virginia. Despite some attempts to link the Burts (of Gloucester Co., Virginia) to those carrying that surname in early New England, we believe that most, if not all, southeastern Burts originated from Virginia, coming there directly from the British Isles. If there is a connection with the Burts in New England, it is probably to be found in England.
The surname Burt is found in Virginia at a very early date. The first permanent English settlement in the New World was located at Jamestown in 1607, and it was not until about 1620 that its sucess was certain. The following Burts were found there during this early time period:
Robert Burt, a servant of Richard Kingsmill, was transported on the ship Edwin, possibly located at "Neck of Land Living" in 1617. [6] Anthony Burt, aged 18, was listed in William Tiler's muster in Elizabeth City in 1622.
[7] William Burt, a headright of Ensign John Utye, arrived on Hogg Island, Jamestown Colony, aboard the Bonny Besse in 1623. [4] He was subsequently listed living on the mainland in 1623 near Jamestown and in 1624 as an employee of John Uty on Hogg Island. [5] Hogg Island was located across the James River and about a mile downstream from Jamestown. Jane Burt was listed in 1623 in Jamestown living in the home of Gov. Sir Francis Wyatt and his wife, Lady Margaret Wyatt. [5] In 1635, Edward Burt arrived in Jamestown as a headright of William Stone, and James Burfe (Burfe?) arrived as a headright on Henry Harte. [4] Several other Burts arrived in Virginia during the rest of the 17th century. Richard Burt
Although nothing is known of his origin, one early Virginia resident of great interest to us is Richard Burt: 1639 - Warwick River Co.
Richard Burte was named a "Viewer of Tobacco Crop" for the parish of Mulberry Island of Keths Creek. [3, p.120] 1642 - Charles River Co. [now Gloucester Co.] Nicholas Stillwell received a land patent "on Frostbury Creek, a branch of Severne River, near Richard Burtes land, 2 acres of which is allowed for a path." [4, p. 135] 1649 - Charles River Co. Francis Willis received a land patent "towards head of the Eastermost branch of Severne River at point where that branch divides itself into two branches and measuring from the point unto marked trees that divides this from land of Richard Burt." [4, p. 188] 1662 - Gloucester Co. Robert Coleman obtained a land patent "on main branches of Burts Creek adjoining his own land and Daniel Clark and Richard Foster." The name Richard Burt has been prominent in both the York Co. and Gloucester Co. branches of the Burt family (one, Richard Burt "the elder", was born about 1665 in York Co.), and it is quite possible that both families have a common ancestor in this early Richard Burt. It is our hope that further research will uncover the relationship between our families and the early Burts of the Jamestown area.
References:
1. Daniel Grant Owen: His Ancestors, Descendants and Their Kin by Frances Benson Chandler, 1968, are the following remarks:
"In the notes sent to me by Mrs. D. F. Martin of Hinesville, GA, the following line for Joseph's ancestors is given: 'Joseph Burt (1731-1788) b. in Abington Parish, Gloucester Co., VA, may have been the son of John (b. 1687) and Grace ____ Burt; the grandson of John (b. 1658) and Sarah Day (dau. of Thomas and Sarah Cooper Day) Burt; great grandson of Deacon Jonathon (bapt. 1624/5-1715) and Elizabeth Lobdel (b. 1648) Burt; great-great grandson of Henry and Ulalia Marche Burt, who settled in Springfield, Mass. in 1640. It is claimed that the Christian names, Sarah, Elizabeth, Mary, Nathanial, Joseph, John and Rebecca, were used in sucessive generations, as given in 'Genealogical Records of Henry and Ulalia Burt', by R. H. Durnham. The fact that the unusual name, Ulalia, has been used in the Burt families of Georgia for generations is more to the point, since the other names are found in many families. An E has been added to make Ulalia 'Eulalia' now.
Another suggested line of ancestors for Joseph goes back to Massachusetts also, but to a different place-- Taunton instead of Springfield: 'Richard Burt is recorded as a 'First Settler' in 1639. His son Richard, married Charity ___ (names in his will proven 1685) along with his children: Abel, Richard, Joseph, Ebenezer, Ephraim, Mary and Abagail Burt. Joseph was born May 15, 1666, and when about twenty nine years old settled in Virginia, where his son Joseph II was born (from notes of Mrs. Nellie Burt Smith, Orlando, FL)."
2 Records of Colonial Gloucester Co., Vol. 1
3. Virginia Historical Magazine, Vol, 5 1897-98
4. Cavaliers and Pioneers, Abstracts of Virginia Land Patents and Grants, 1623-1666, Vol. 1 by Nell Nugent.
5. Original Lists of Persons of Quality, 1600-1700 by James Camden Hotten.
6. Virginia Magazine of History and Biography
7. Adventures of Purse and Person, Virginia, 1607-1625 by Annie Lash Jester, 1956.
*Source: http://www.rootsweb.com/~burtsou/
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Below are the court records wherein Richard's first wife, Elizabeth Hansford, was charged with assaulting the wife of a neighbor. She was found guilty and orded to pay a substantial fine of 5000 lbs of tobacco:
Extract from York County Virginia Deeds, Orders Wills, etc # 9 (1691-1694) compiled by: John Frederick Dorman 1977
Beginning on page 97 thereof:
Francis Peters and Mary his wife aresting Richard Burt and Elizabeth his wife in an action of trespass, etc declaring that the defendant's wife Elizabeth with force and armes contrary to the peace did violently assault, bruise and beat Mary wife of the plaintiff to their damage 5000 pounds of tobacco. Jury
Mr. James Whaley, foreman Mr. Simon Stacy Mr. John Clarke
Mr. Thomas Phear Mr. Thomas Nutting Mr. John Eaton
Mr. Joseph Thrift Mr. Thomas Gibbons Mr. Robert Sheild
Mr. William Davis Mr. Henry Hayward Mr. Thomas Rea
finde for the plaintiff 100 pounds of tobacco. James Whaley, foreman. Which verdict upon motion of Mr. Edward Chilton, the plaintiffs' attorney, is confirmed.
Page 157. Elizabeth Buse being per the Sheriff returned sum- monsed an evidence for Francis Peeters and Mary his wife against Richard Burt and Eliz: his wife is ordered to be paid for one dayes attendance.
Thomas Buse being per the Sherriff returned summonsed an evidence for Francis Peeters and Mary his wife against Richard Burt and Eliz: his wife is ordered to be paid for one dayes attendance.
Present: Capt. Charles Hansford
Continued to page 99
Pages 158-59. Thomas Buce, about 28 years of age, deposeth upon 18 July last your deponent then being att home and sitting in the yard before your deponent's father's dore and there in company with your deponent's mother and Eliz: the wife of Richard Burt, and your deponent's mother lookeing up, Mary the wife of Francis Peeters comeing toward our house, upon which your deponent's mother did say, There is Mrs. Peeters comeing. Eliz: Burt made answere that she would give her a what chear hoe, att which answer your deponent heareing of itt rose up and went into the house, thinging there might be some words of scoulding between them. Eliz: came following your deponent and laid her young child on a bed where your deponent had by that time laid himselfe and then Eliz: Burt turned back to the doore of the house, meeting Mary Peeters. By that time Peeters had set one foot over the groundsell of the doore and not the other, neither had Mary Peeters spoken a word to any body in the house. Elizabeth Burt angerly spoke to Mary Peeters saying, Hoe now Mrs. impudence or what made you tell me of my father and withall struck Mary in the face. Your deponent desireing them to be quiett, but soe continued strikeing, fighting, and scratching and by reson of lameness your deponent was incapable of parting them, soe Mary being bigg with Child and not able to defend herselfe, Elizabeth violently threw Mary against the corner post of the bedstead and a stoole which Mary complained did doe her great injury, shee being in that condition with child as aforesaid, soone after which fall against the bedstead your deponent's mother did gett Mary and Eliz: out of the house into the yard and soe parted them. Your deponent then went from the house but presently returning did there hear Mary make sad complaint of the wrong and injury which she had received and did suffer by the violence of Eliz: and Mary was then carryed homewards in a chaire between three men.
Thomas Buce
24 Aug. 1692. Recorded.
Eliz: Buce, about 49 years of age. deposeth that upon 18 July last past your deponent being then sitting in your deponent's yard along with Eliz: Burt and lookeing towards the road said Yonder is Mrs. Peeters acoming,. Att the which Eliz: Burt made answere, I will give her a what chear hoe. And your deponent att those words ariseing up and goeing into your deponent's house, Burt rose alsoe and followed your deponent and laid her young child upon your deponent's bed and returning back to the dore mett Mary Peeters entering with one foot within the dore and said to Peeters, now Mrs. impudence, what made you tell me of my father, att the uttering of which words Elizabeth Burt struck Mary Peeters upon her face and soe they persisted with strokes, scratching and halling each other by the head tire and hair untill att length Mary Peeters makeing her defence soe well as she could and being very bigg with child, Burt threw her against the corner post of a bed- stead and a stoole which did much prejudice her the said Peeters. Your deponent being, lame of her left hand did what she could to parte them severerall times, but could not, but did att length gett them out of the doores, where they continued vigorously throwing of such things att each other as were most handy for that purpose, but your deponent did not perceive that they hitt one another with anything unless itt were with water gourds, and as soone as your deponent saw a conveniency, your deponent persuaded Elizabeth Burt to goe a little way with your deponent into the corne feild and by that means did part them. And soon after Mary Peeters grew very full of paines and said shee did expect to miscarry, and desired her husband might be speedily sent for, which imediately he was sent for and came, and her husband and two more did carry her to her owne home in a chare.
Eliz: Buce
24 Aug. 1692. Sworne to in Court.
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Below are the court records concerning a case by John Eaton against Elizabeth Hansford Burt for defamation because she had accused him of raping her. He won the case.
COURT CASE OF JOHN EATON AGAINST ELIZABETH BURT Extract from York County Virginia Deeds, Orders Wills, etc # 9, Part 2 (1691-1694) compiled by: John Frederick Dorman 1977
Beginning on page 4 thereof:
26 September 1692 John Eaton aresting Richard Burt and Ellz: his wife in an action of defamation that Eliz: ever since 24 August last past from time to time hath most malitiously and falsely defamed him by publishing and declareing amongst her neighbors and others that Eaton by force and violence on 24 August last att night ravisht her the said Elizabeth as she was returning home to her own house from the French Ordinary. Eliz: put to her plea whether guilty or not guilty replyed not guilty, but after evidence taken and sworne in behalfe of the plaintiff, shee in open Court before the jury att the barr did possatively owne and declare the plaintiff being in company with her att the time and place aforesaid offered much rudenes to her with diverse perswasions to lett him lye with her, and that shee called out but yett nevertheless the plaintiff bv striveing and compultion had the use of her body as she stood upright with her child in her armes, together with diverse other cercumnstances by her alleadged, severall times tendering her oath att the barr to the confirmation of the truth thereof.
Jury,
Mr. John Rogers, foreman Mr. Henry Collins
Mr. Ralph Walker Mr. John Doswell
Mr. Robt. Dobbs Mr. Samll. Luck
Mr. Robt. Crawley Mr. Hen: Fason jur.
Mr. Jon. Batten Mr. Geo: Burley
Mr. Robt. Lightenhouse Mr. Rich: Appling
Page 174. find for the defendant
John Rogers, foreman
The verdict is confirmed and the suite is dismist. Capt. Charles Hansford being returned summonsed an evidence for John Eaton against Richard Burt and EIizabeth his wife, is ordered to be paid for one dayes attendance.
The like for Doctor Richard Starke
The like for Isaack Sedwicke Being evidence for
The like for Thomas Chamberlaine the plt.
The like for John Buce Sen.
The like for Elizabeth Buce
Adjourned to 24 November next. Pages 174-76. The deposition of Capt. Charles Hansford, aged 40 years or thereabouts, that on 26 August last past Elizabeth Burt wife of Richard Burt came to your deponent's house and desired a warrant for John Eaton, whereupon your deponent replyed, Fy Betty, as soon as you are out of one troublesum busines to goe into an other, what is the matter with you and John Eaton. Shee then made a replye that I could not well hear haveing a could and somthing thick of hearing, but as near as your deponent could apprehend she spoke to that purpose that John Eaton would have 1aine with her a coming from Court. Your deponent said What then, itt may be he did not intend itt, though he profered itt. Shee replyed, indeed he did doe itt and I will take my oath of itt. I am not of a man's strength and he did force me and did itt whether I would or noe. Your deponent tould her hee thought such a thing could not possibly be fore shee was near as strong as John Eaton and that he could not doe itt except shee was willing. Shee then said that he did doe itt against her will and shee would take the oath of itt, for is such things be suffered shee should be counted Jon. Eaton's whore, durst not travile any where upon the road. Your deponent askt her why shee did not hollow out and whether there was noe company near and where her husband was. She said he was a good way behinde, and shee did hollow 2 or 3 times and he did answere. Your deponent askt her how itt came to passe that shee came with John Eaton and shee said he profered to carry her behinde him upon his maire. Your deponent asked her whether hee tyed her and what she did with her child. Shee answered noe he did not tye her and she held the child in her arms. Your deponent askt whether he threw her down. Shee said he threw her on her knees but shee recover'd again and he did itt standing. Your deponent tould her he thought itt did not lye under the servumstances of a rape and would not grant a warrant and bid her be sure to say noe more of itt. Your deponent went the next day to John Eaton's house and tould him I was sorry to hear what I did hear of him. He askt me what itt was. I askt him what he did to Betty Burt acoming from Court. He tould me nothing. Then I tould him that Betty Burt would swear a rape against him. He replyed, by God shee will undoe me then. I doe confess I put my hand up her coates as high as her knees but I know not whether she be man or woman.
Charles Hansford
26 Sept. l692. Sworne to in Court.
Eliz: Buce, aged about 49 years, deposeth that upon 24 August last past Eliz: the wife of Richard Burt came to your deponent's house where your deponent did hear your deponent's husband aske Eliz: where her husband was, whoe said he is drunke behinde acomeing, shee thought within hollow. Your deponent did further aske Eliz: whoe came home with her, whoe said her neighbor Eaton brought her and her child home as farr as the three roads. She thanked him and your deponent did see Richard Burt soon after come into your deponent's house but said nothing to him, Richard goeing immediately away againe. About the Friday or Saterday following, your denonent did goe to Richard Burt's house where Eliz: did tell your deponent that John Eaton had ravished her upon the road the other night acomeing from Court and further tould your depcnent that upon Court day att night she, her husband and Eaton were together in the ordinary and Eliz: said shee complained by reson itt was late that shee knew not well how to goe home with her child, and Eaton did answere I will carry you and your child home behinde me, at which Eliz: tould your deponent shee thanked him and drank to him and that soon after Eaton tooke up Eliz: att the stocks behinde him upon his maire. And from thence rideing along the road homeward, Eaton did often put his hand under Eliz: coates and soe carrying her some what past the two pathes, Eliz: did jumpe downe from behinde Eaton and Eaton did alsoe alight and laid his two hands upon Eliz: shoulders, saying, now I must have to doe with you. And Eliz: replyed he shoulde not, saying what have not I a husband and you a wife. What think you would they say if they should know itt. And Eaton did reply, 0 doe not you tell vour husband and my wife shall never know itt. And Eliz: further tould your deponent that Eaton swore that if shee would not lett him he would whether shee would or noe and thereupon clapy one of his hands about the small of her back and with the other hand held up her cloaths and brought her as near as he could to his bare body, which shee tould your dedonent did hert her back, att which Eaton did much importune her to lye downe, but Eliz: would not, but cryed out and called to her husband twice saying help for the Lord's sake, in all which time John Eaton kept as close within Eliz: as he could, wrenching her thighes asunder with his knees. Shee strugling had almost threw the child over her shoulder and cryed out the third time when Eaton stopt her mouth and Eliz: further tould your deponent that Eaton did take his mare and rode a little way as he said to meet her husband and asked her if he should call him, whoe answered Yes, must I be served thus and my husband not know itt, whereatt Eaton returned againe and would have had to doe with Eliz: the second time but she tould him he had done enough. And Eliz: further tould your deponent that when Eaton went away saying if I doe not now, I will it the next opportunity.
Elizabeth Buce
26 Sept. 1692. Sworne in Court.
John Buce, about 60 years of age, deposeth that upon 24 August last past Eliz: the wife of Richard Burt came to your deponent's house and your deponent did aske Eliz: where her husband was whoe said he is drunke behinde a coming, she said she thought within hollow, and your deponent did further aske Eliz: whoe came home with her and Eliz: answered her neighbor Eaton brought her and her child home. She thanked him and about two dayes after your [deponent] did (upon hearing of other news) goe to Eliz: house and asked Eliz How now Betty, I hear strange news. I heard John Eaton lay with you the other night comeing from Court. Eliz: made your deponent answere that itt was very true soe he did.
John Buce Senr.
26 Sept. Sworne to in Court. Four notes to keep in mind (from Bill Adams):
(1) First, these events occurred the night after the first trial, the trial in which Elizabeth Hansford Burt was charged with and found guilty of assaulting Mary Peters. However, she was fined only 100 pounds of tobacco instead of the 5000 pounds sought in the indictment.
(2) Second, this charge was brought by John Eaton _AGAINST_ Elizabeth.
(3) Thirdly, John Eaton was a member of the jury of earlier that day, the one that found Elizabeth guilty. (the charge of assaulting Mary Peters).
(4) And last, Captain John Hansford was an uncle of Elizabeth. He was the administrator of the estate of Elizabeth's mother
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If I'm reading this right, the following document seems to be selling land as follows:
Richard the elder first married Elizabeth Hansford. She inherited land from her mother, also named Elizabeth Hansford (she inherited the land from her father, John Jones) , which came into Richards possession as her spouse. Upon his death, the land was to go to their son, Richard the Younger. However, Richard the Younger predeceased Richard the Elder, so the land was then supposed to go to the 3 daughters of Richard the Younger - after the death of Richard the Elder. One of the daughters of Richard the Younger, Judith, married a John Cosby, and in this document Judith and John Crosby appear to be selling their interest in the land before she has actually inherited it, as the document makes clear that Richard the Elder is currently dwelling on the land and will retain all rights to the land during his lifetime. At Richard's death, the buyer, Samuell Hill will obtain rights to the land. Document follows: York County, VA Deed Book # 4, page 475
This Indenture made the thirteenth Day of January in the year of our Lord one Thousand Seven Hundred thirty Seven (1737/8) between John Cosby planter and Judith his wife of York hampton parish in the County of York of the one part and Samuell Hill of the same parish and County Planter of the other part. Witnesseth that the said John Cosby and Judith his wife for and in consideration of the Sum of twenty Eight pounds Currant money of Virginia to the said Cosby in hand paid by the Said Samuell the receipt whereof the Said John Cosby and Judith his wife Doth hereby acknowledge hath Granted bargained and sold aliend Releas and Confirmed and by these presents Doth grant bargain and sell alien Release and Confirm unto the the Said Samuell Hill his heirs and assigns forever the one Third part of a Certain Tract or parcell of Land Situate Lying and being in York County and York hampton parish containing two hundred acres more or less and is now in the possession and occupation of RICHARD BURT THE ELDER which Said Land was Given by the Last will and Testament of ELIZABETH HANSFORD the Sole heir of Richard Jones to ELIZABETH HER DAUGHTER her Daughter who INTERMARRIED WITH THE AROVE NAME RICHARD BURT THE ELDER by which marriage She the Said Eliz had Richard Burtt the younger (her Sole and only heir Richard the younger Intermarried with Catherine By whom he had three Daughters VIZ. Martha Eliz and the above named Judith the wife of the Said John Cosby So that the said Land (after the Death of Richard the Elder) Doth Descend to the three Daughters of Rich. the Younger as Coheirs and all houses Edifices buildings orchards Pastures woods waters marshes Easements Profits Commodities advantages and ?heritances? whatsoever to the Said one third part of the Said Tract or parcell of Land belonging or in any wise appertaing the right and title of the Said Richard the Elder being allways Saved and Excepted and also the reversion & reversions Remainder & Remainders Rents and Services of all and Singular the premices And of Every part and parcell ?though? with the appurtenances and also all the Estate Right title Interest Claim & Demand Whatsoever of the Said John & Judith his wife of in and to the Said premises and Every part and parcell thereof
To have and to hold the said one third part of the said Tract of Land and all and Singular the premises with the appurtenances Unto the said Samuell Hill his heirs and Assigns to the only proper use and behoof of the Said Samuell his heirs and Assignes for Ever And the Said John and Judith his wife for them and their heirs the Said one third part of the Said Land and premises and Every Part thereof against them and their heirs and against all and Every other person & persons whatsoever claiming under them to the Said Samuell Hill his heirs & Assigns Shall and will forever Defend by these presents and the said John and Judith his wife for them their Heirs & Doth Covenant and Grant to and with the Said Samuell Hill his heirs & Assignes that the Said Samuell his heirs & Assignes Shall and may att all times whenever the right and title of Richard the Elder Shall by Death or otherwise Cease and Expire forever hereafter peaceably and quietly have hold Occupy Possess and Enjoy all and Singular the premises with the appurtenances without the ?bitt? ?Suet? Trouble hinderance molestation Interuption & Deniall of them The Said John and Judith his wife their heirs or any other person or persons whatsoever claiming under them. In Witness whereof the said parties have hereunto Sett their hands and affixed their Seales the Day and Year above written.
John Cosby {Seal}
her
Judith X Cosby {Seal}
mark
Sealed & Delivered. (The words claiming }
under them) in the 23 & 29th lines being }>
underlined before Signing in the presence of}
Char. Hansford
James Hewitt
Thomas Oliver
Thomas Vines
At a Court held for york County
January 16th 1757
John Cosby & Judith his wife this day in Court
acknowleges this Deed together ????????????
unto Samuell Hill The said Judith being first privily
Exam and voluntarily assenting thereto and they were
orderd to be Recorded
Test
Truly Recorded Matt Hubard ???
Test Matt Hubard ????
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1704 was listed for 200 acres on the York Co., VA. 1704 Quit Rent Rolls.
*Source: Carol Zangerl
16 Sep 1728 Orders, Wills, Etc, #16, Page 547
"Daniel a Negro boy belonging to Richd Burt was adjusted. to be 12 years old".?
*Source: Research of Bill Adams
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There was some confusion in early Burt researchers about the identity of Richard Burt's second wife. It has been generally accepted now that she was Elizabeth Moody, daughter of Josias Moody, not Philip Moody as previously thought by some researchers. Following is the logic and the reasoning that was developed by Bill J. Adams in 1999 in a attempt to determine the name of the second wife of Richard the Elder:
This must start with a reminder that the will of Philip Moody identifies one of his daughter as Elizabeth Burt but does not identify her husband. And secondly, this must include a reminder that Richard Burt the elder had three sons in his second marriage and two with the given names of Josias and Moody.
As most will come to recognize, when one starts comparing possible birth dates, marriage dates, etc., there are problems with the possibility that Richard Burt the elder married, secondly, Elizabeth Moody, daughter of Philip Moody. Incidentally, there were three different Elizabeth Moody young women during that general time frame, all first cousins. Following is a summary of the situation, as I see it.
I do have access to the book by Robert Mathis but he does have errors in it. On page 6, he has it that Richard Burt, Jr., married Elizabeth Hansford. That is incorrect. The first wife of Richard Burt the elder was Elizabeth Hansford, daughter of Thomas Hansford the Martyr. I have proof. The only descendant from that marriage was Richard Burt, Jr. I have proof. The wife of Richard Burt, Jr. was Catherine Moody, daughter of Philip Moody. I have proof. Mathis merely states that Richard Burt the elder married Elizabeth Moody. No additional information about her was provided. He also states that Richard Burt the younger was born of this marriage. Wrong. Richard Burt the elder married, first Elizabeth Hansford and they had only one child, at least only one child that grew to adulthood, and this child was Richard Burt the y;ounger.
In his manuscript, "A Record of the BURT FAMILY 1665-1965 and Collateral Families from 1800, Volume I," James Claude Burt does not address the issue of any of the spouse(s) of Richard Burt the elder.
The will of 1745 of Richard Burt the elder establishes that he had more children than just Richard Burt the younger. So, who then was his second wife?
Of the following, I have no proof. But because of time considerations and of the naming pattern of two of his sons, Josias and Moody, it seems that the second wife of Richard Burt the elder almost had to be a daughter of one of the three Moody brothers, Josias, Humphrey and Philip. Each had a daughter named Elizabeth. Elizabeth, daughter of Philip, did marry a Burt fellow, (per the will of Philip Moody) but no proof as to which Burt fellow she married has been found.
Now, let us start with Philip Moody. Based on the organization, etc., of his will, I suspected from the start that Philip had two different wives. I have found proof. He was first married to some woman with a given name of Magdalin, with the marriage having occurred before 11 Jul 1682. A deed of that date verifies this. Then his second wife was an Elizabeth, to whom he was married before 23 Feb 1689/90. Another indenture provides proof. From these marriages, and the structure of the will of Philip Moody, I believe that the two older sons named in his will, Giles and Philip, must have been from his first wife Magdalin and all of the other children in the will from his second wife. The fact of a daughter named Elizabeth suggests, at least to me, that she most likely was born of this second wife whose name was Elizabeth. This then would put the birth date of daughter Elizabeth definitely after 1682 and probably somewhere not much earlier than the time frame of 1689/90 and possibly even later than that.
Richard Burt the elder, married Elizabeth Hansford c 1688. Because of their marriage, he claimed her land inheritance in that year. In 1692, Richard and his wife with a given name of Elizabeth had a young child, young enough for Elizabeth to lay it on a bed. This is from a court suit. This could have been Richard Jr. An Indenture dated 13 January 1737/8 proves that this was the only child of Richard Burt the elder and Elizabeth Hansford. This case also could have involved a second wife whose given name was Elizabeth and the child born of the second marriage.
To me, and based upon the above bits of information, it seems very doubtful that Richard Burt the elder married Elizabeth Moody, daughter of Philip Moody. Remember that Moody Burt died c 1735 and probably had about 4 or 5 children by that year. So, Moody Burt must have been born not long after 1700. Hence it seems doubtful to me that Elizabeth Moody, daughter of Philip Moody, could have been his mother.
Now, Humphrey Moody, the just older brother to Philip, had a daughter named Elizabeth. But, she was still mentioned as Elizabeth Moody as late as 1719. (Humphrey also had two wives, the second one an Elizabeth.) The 1719 date is from the will of Edward Powers, very likely the second husband of the widow of Humphrey Moody. Again, these bits of data suggests, and to me very strongly, that Richard Burt the elder did not marry the daughter of Humphrey Moody.
This then takes us to Josias Moody, the oldest of the three sons of Giles Mode' (Moody) and his wife Jane. Josias Moody died c 1676, leaving his wife pregnant with a child who, at birth, was named Elizabeth. So, she was born c 1676/7 time frame, more likely an age that would best fit with subsequent events. Remember that Richard Burt the elder and his second wife had sons named Josias and Moody. With this last listed possible scenario that I have described, where Richard Burt the elder's second wife was Elizabeth, daughter of Josias Moody, then Richard Burt the elder's son Josias could have married Elizabeth Moody, daughter of Philip Moody. Also, the marriage of Josias Burt did produce a son named Philip and a daughter named Catherine. (?Catherine named after the daughter of Philip Burt who married Richard Burt the younger?)
We also know that when Moody Burt died in 1735, his widow too was named Elizabeth. So, it is entirely possible that he could have married Elizabeth, daughter of Philip Moody. However, Thelma Ironmonger Hansford, a very good researcher of York County records of these times, suggest that Moody probably married an Elizabeth Hubbard, daughter of Mathew Hubbard. This also would provide a family basis for naming an off-spring Mathew Burt. Yet, I can find no evidence at all to support this possible marriage. In a personal conversation with Mrs. T. I. Hansford in September 1997, she could recall no supporting data for such a statement.
If some of you do have the time and the inclination, I sincerely would like your reaction to the above, the time frames involved, the age problems, etc. Any comments, any criticisms, any suggestions, just anything will be truly welcomed. The second wife of Richard Burt the elder was not named in the will of Richard Burt the senior. Therefore she is assumed to have been deceased at some earlier time.
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Following are notes added regarding the above work of Bill Adams by Lee Crockett :
There has in addition to Mr. Adams comments been a York County, VA record found by me on Phillipp Moody which stated he was a minor in 1675 and under a guardianship. This adds further proof that Elizabeth Moody who married Richard Burt, Sr. was not the daughter of Phillipp Moody. Here is the document:
"I, Edward Foliott of Hampton Parish in York Co, Clerke, and Josias Moody, of same, Gent., acknowledge bond to his Majesty's Justices of York Co. _May 1675
Said Edward Foliott is appointed guardian to Phillipp Moody, son of Gyles Moody, dec'd, by order of York Court April 26th last past, and was ordered possessed of the estate by Mr. Joseph Ringe, Adm'r. of Dr. Francis Haddon, dec'd, late quardian of said Phillipp. The bond is that they are to pay to said Phillipp Moody at age 21, his estate."
Edward Foliott, Josias Moody
Wit: John Baskervyle, Cl. Cur.
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My gracious thanks to Bill Adams, who provided much of the above information.
Baby Girl BURT
This daughter's first name is not known. She was not listed in her father's will, so it has been assumed that she died before then. She married a Mr. Peters abt 1723 in VA.
*Source: Research notes of Bill Adams
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