In the name of God Amen I Walter Burriss of the County of Jackson and
State of Missouri, being in good health of body, and of Sound and disposing mind,
and desiring to make a disposition of my property in some respects different from
the provision of the general Law, Do hereby make, ordain, and publish this as my
last Will and Testament.
1st I Will and desire that my wife Lydia Burriss should she out live me
have all and every species of property of any description whatsoever of which
I may die seized during her natural life or widow hood after the payment of all my just
debts, and at her death or marriage, to be equally divided between my five children, Thomas Burriss, Rachel Burriss, Zachariah Burriss, Prudence Burriss,
and Walter Burriss the children of my wife Lydia.
2nd As I have given to each my children Henry Burriss, Rebecca Green, Nancy
Vernon, William B Burriss, Alice Crabtree, Polly Crabtree, when they married and left me all
I intend for them, and as much as will fall to my other children I will and bequeath that
they receive nothing more of my estate, but that it be disposed of to my wife Lydia, and my children, Thomas, Rachel, Zachariah, Prudence, and Walter Burriss
as above stated.
3rd I hereby nominate constitute and appoint my son Henry Burriss Executor of
this my last will and testament and desire that he do the condition of this my last
will and testament fully executed In testimony whereof I have hereunto set my hand and
affixed my seal this 3rd day of October A.D. 1836.
Attest
John R Swearingen Walter [X] Burriss {seal}
Joseph [X] Bradin
State of Missouri
County of Jackson } To be it remembered that in the
twelfth day of October in the year of
our Lord one thousand eight hundred and thirty nine personally appeared Joseph Bradin
& John R Swearingen before me Saml C Owens Clerk of the County Court within and for
the County aforesaid personally known to me to be the persons whose names are subscribed
to the foregoing of writing as the last will & testament of Walter Burriss deceased as subscribing witnesses
thereto and made oath that Walter Burriss whose name is subscribed to the said instrument as Testator was the real person who executed
the same and declared that the same was his last will & testament and that the said Walter
Burriss signed sealed and delivered the same in their presence, and published the
same as his last Will & Testament and that the said Joseph Bradin & John R Swearingen subscribed the said last will and testament of said deceased
as subscribing witnesses in the presence and at the request of the said Walter Burriss
and that said deceased was in his proper mind
In testimony whereof I have hereunto set
my
hand and affixed the seal of said court {seal}
at office the day & year aforesaid
Saml C Owens Clk
State of Missouri
County of Jackson }
I Saml C Owens Clerk of the County Court within and for the
county aforesaid do hereby certify that the foregoing Last Will and testament of
__ Walter
Burriss deceased is duly rendered in my office in Book __ __ page 49 and following.
In Testimony whereof I have hereunto set my hand
and affixed the seal of said
Court at {seal}
office this 12th day of October AD 1839
Saml C Owens Clk
STATE OF MISSOURI,
County of Clay. } ss
This day personally appears before me John Hendley, a Justice of the Peace
within and for the County Aforesaid, Benjamin Hayes, proprietor of the Far West, a
newspaper published in the town of Liberty, in said county, who being duly sworn, doth
depose and say that, the Notice hereto annexed was published in the following numbers
of said paper issued on the following days, to wit:
| Paper | No. | thirty six | issued on the | 14th | day of | November | 1839 |
| " | " | thirty seven | " | 21st | " | November | 1839 |
| " | " | thirty eight | " | 28th | " | November | 1839 |
| " | " | thirty nine | " | 5th | " | December | 1839 |
and further this affiant saith not Benjamin Hayes
Fourth day of January 1840 before me
John Handley J. P.
|
NOTICE |
|
FINAL SETTLEMENT |
Walter's will has been mis-interpreted by some people as stating that the younger group of children listed are by Lydia [Barnes] and therefore the older group are by an earlier wife. This is not the case. The correct
interpretation of the separation of the children into two groups is that the
older group represents the children who were married and left
home and the younger group represents the unmarried children still at home.
Walter himself describes the first group as the children who had "married and left me".
Here is the status of the children at the time Walter wrote his will on October
2, 1836.
| Group: | Child: | Married: | At home: | Supposed mother listed on Ancestry: |
Actual mother: |
| 1st | 1. John Burris (est. 1788) 2. Henry Burris (c. 1790) 3. Rebecca Green (est. 1808) 4. Nancy Vernon (1809) 5. William B Burris (1811) 6. Alice Crabtree (1813) 7. Mary "Polly "Burris (1814) |
X X X X X X X |
Mary Lively Mary Lively Mary Lively Mary Lively Mary Lively Mary Lively Mary Lively |
unknown unknown Lydia Barnes Lydia Barnes Lydia Barnes Lydia Barnes Lydia Barnes |
|
| 2nd | 8. Thomas Burris (1816) 9. Zachariah Burris (1818) 10. Rachel Burris (1820) 11. Prudence Burris (1822) 12. Walter Burris (1825) |
X X X X X |
Lydia Cole Lydia Cole Lydia Cole Lydia Cole Lydia Cole |
Lydia Barnes Lydia Barnes Lydia Barnes Lydia Barnes Lydia Barnes |