Burnett shares his estate.
by Lisa Y. Henderson
In the name of God, Amen, I David Burnett of the County of Cumberland & State of North Carolina being of Sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make or ordain publish and declare this to be my last Will and testament, That it to say, first that after all my lawful debts are paid and discharged, the residue of my estate real & personal I give bequeath and dispose of as follows to wit: to my beloved wife Jane Burnett the land and appurtenances, whereon I now live located in 71st Township in the County of Cumberland & State of North Carolina during her natural life, and after her death to be equally divided among my daughters, Mary Catherine, Elisabeth Ann, Sarah Elisa, Laura Columbia, Amanda Carolina & Sudy Jane, To my wife Jane & my daughter Sarah Elisa, I give and bequeath my horse, To my daughter I give bequeath (Mary Cathrine) all my stock of Cattle, To my wife & Sarah Elisa I give and bequeath all my hogs, to my son John Henry Five dollars in money & my wearing apperall, if I should have any left; I give bequeath & devise all the rest & residue & remainder of my personal effects to my wife and daughters Like wise I make contribute and appoint my friend Daniel C. Munroe of 71st Township in the County of Cumberland & State of North Carolina to be my executor of this my last will & testament hereby revoking all former wills made by me, In witness whereof I have known to subscribed my name and affixed my seal the second day of December AD 1872 David X Burnett
Witness Wm. John X Chavers, D. McDugald
Proved 19 January 1884. Will Book E, Page 331, Register of Deeds Office, Cumberland County, Fayetteville.
On 12 December 1884, David Burnett’s executor, Daniel C. Monroe, filed a petition to sell lands for assets. Neill R. Blue, Alexander McKethan, John A. Monroe, Jane Burnett (widow), Mary Manuel, Catharine Burnett, Elizabeth Ann Chavers, Sarah Eliza Oxendine, Laura Columbia Williams, Amanda Carolina Burnett and Lundy Jane Burnett, minors, and John Burnett were named as defendants. Monroe noted that Burnett’s debts were about $250; that his personal estate had no value and was insufficient to set off a one-year widow’s allowance; that Burnett’s real property consisted of two tracts received from his father Jesse Burnett, totaling 150 acres, and located on Middle Creek between Buies Creek and Little Rockfish and between Little Rockfish and Middle Creek in 71st township; that Burnett’s widow Jane remained in his dwelling house on said tracts; that there were various claims on parts of the tracts; and that all the defendants lived in Cumberland County. Other documents listed Burnett’s widow as “Jennette” Burnett and identified his daughter’s husbands as Jacob Manuel, William Chavers and Alexander Oxendine. Executors released and quitclaimed the 25 acres above to the widow and heirs. It contained a house and a graveyard.
From the file of David Burnett, Cumberland County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.
In the 1860 census of Western Division, Cumberland County: David Burnett, 42, farmer, wife Jane, and children Mary, 12, Elizabeth, 10, Sarah, 9, John, 4, and Laura, 4 months. Next door: Jesse Burnett, 70, and wife Elizabeth Burnett,72.