They Had Names

African Americans in Early Records of Liberty County, Georgia

Estate Settlement (Burton/Burton)

Enslaved Persons Named: Mary, Henry, London, Frank, Hester, Sam

On January 16, 1824, E.V. Burton, widow of Benj. [Benjamin] Burton of Liberty County, who died intestate, documented that a division of her husband’s estate had taken place between her and her son-in-law, Robert P. Burton, and that the following property had become hers “with which I am perfectly satisfied”: 300 acres of land lying in Liberty County, bounded west by the Great Ogeechee River and on all other sides by land belonging to Robert Burton, except on one side “by the other half of the tract that did belong to said estate, but now owned by Robert P. Burton,” also “six slaves, viz. Mary, Henry, London, Frank, Hester and Sam,” also 30 head of cattle, 14 head of sheep, one sorrel horse, & one sorrel mare, plus beds, bedding, bedsteads, and household & kitchen furniture “of every description.” 

Recorded below the above deed was one stating that Benjamin Burton, late of Effingham County, had died intestate, leaving as his sole legal representatives his wife Eleanor V. Burton, also of the same county, and his son Robert P. Burton of Liberty County. It stated that Eleanor V. Burton “deemed “it but just, equitable and proper, that a portion of the said property, so left by the said Benjamin, and to which the said Eleanor V. Burton, as his widow, is entitled, should, after his death, go to and be enjoyed by the said Robert P. Burton, and the said Eleanor V. Burton being also desirous of making some provision for her niece and nephew hereafter mentioned,” she thus gave all the property mentioned above, specifying that the land [and thus presumably also the enslaved people and the other items] was in Effingham County to Robert P. Burton; and 50 dollars in Georgia Bank notes to her niece Eleanor Powell [or could be Rowell]; and 50 dollars in Georgia Bank notes to her nephew Henry Powell [or could be Rowell]. Eleanor Burton signed the above by mark [indicating illiteracy]. 

Witnessed by Robert Willis. Recorded in Liberty County Superior Court on May 24, 1824.

On July 25, 1825, Eleanor Burton, as Benjamin Burton’s widow, and Robert P. Burton, as his son, executed a deed saying that they had intended with the previous deed to sign over each to the other a life estate in their inheritance from Benjamin Burton, but that with Robert Burton’s marriage, circumstances had changed and they had now each revoked their side of the agreement. [NOTE: So it appears likely that Robert Burton did not actually inherit the enslaved people named in the first deed; likely they were the inheritance of Eleanor Burton.]

Source: Family Search.org. Liberty County Superior Court “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” Film: Deeds & Mortgages, v. H-I 1816-1831,” Record Book  I, 1822-1831, p. 93-4. Image #348-9  (Link: https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-SSRH-L?i=347&cat=292358)

Source: Family Search.org. Liberty County Superior Court “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” Film: Deeds & Mortgages, v. H-I 1816-1831,” Record Book  I, 1822-1831, p. 182-3. Image #393  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-SSBD-5?i=392&cat=29235)