William Burgess

Source: U.S. Census 1850 and 1860

Source: Land transactions, William Burgess Deed dated January 30, 1819 for 325 acres on Hunting Creek in Surry County, NC. Surry County Deed Book #00, pages 300-301. From John Cook.

Source: For this copy of legal papers the Notes of Susan Mortensen, P.O. Box 45184; Boise, ID 83711

Source: Original research of legal documents below came from the collection of John Barnes; 12207 Beaver Creek Dr.; Richmond, VA 23233.

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William A. Burgiss vs. heirs at law of William Burgiss, deceased.
A document dated October 6, 1856.
Transcribed by John A. Barnes on May 31, 1999 from xerographic copy obtained from the NC Archives, Raleigh, NC. Brackets [ ] added by transcriber.
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State of North Carolina Court of Pleas and Quarter Sessions
Yadkin County Oct. Term 1856

To the worshipful Justices of said court:
The petition of William A. Burgiss administrator of William Burgiss, deceased, humbly praying respectfully showeth unto your worships that William Burgiss died intestate in June AD 1854, and that he took out letters of administration in his estate at October Term of this court AD 1856.
He further showeth that the amount of personal estate belonging to the estate of his intestate is about one hundred and fourteen dollars and fourteen cents; that the debts against the estate amount to about three hundred and fifty dollars so far as he has been able to ascertain them.
He further showeth that the said personal estate of his intestate is not sufficient to pay off the said debts and cost of administration, which will be about twenty five dollars. Your petitioner showeth that his said intestate died seized and possessed of a tract of land in the county of Yadkin adjoining the lands of Dr. Hampton, Josiah Cowles, Thomas Lindley, John B. Johnson & others containing two hundred and thirty two acres more or less and no other real estate. Your petitioner further shows that it will be necessary to sell some portion of said tract of land in order to pay the debts against the estate of his intestate and the cost of administration. Your petitioner further showeth that his intestate left him surviving the following children his only heirs at law. Joseph Burgiss, Edward Burgiss, James Burgiss, Nicholas Burgiss, William A. Burgiss, Robert C. Burgiss, Henry H. Burgiss, John M. Burgiss, Catherine Burgiss, Nancy Burgiss, Sarah Burgiss, Betsy Ladd wife of Thomas Ladd & Jane Burgiss. Your petitioner further showeth that of the said heirs at law, Joseph Burgiss, James Burgiss, Nicholas Burgiss are not residents of this state; and your petitioner further showeth that of the said heirs at law Henry Burgiss, John Burgiss, and Jane Burgiss are minors under twenty one years of age.
Your petitioner prays that your worships to make an order authorizing him to sell the following part of the said tract of land, that is to say, seventy five acres off the south end of the aforesaid tract of land, and that he may hold the proceeds of said sale for the payment of debts and cost of administration.
And your petitioner further prays your worships to order that advertisement be made according to law for the said heirs at law who are absent to appear and defend this suit. And your petitioner prays your worships to appoint the clerk of this court T S Martin guardian ad liteum to the heirs of law who are minors to defend this suit and your petitioner will ever pray
Armfield atto for pet. [?]

Sworn to and subscribed in open court this the sixth day of October AD 1856

Wm. A Burgiss


T S Martin clk
By W A Joyce DC [?]

Ordered by the court, that advertisement be made in the Lexington and Yadkin Flag for the absent heirs Joseph Burgiss, James Burgiss and Nicholas Burgiss, to appear at the next term of this court and defend this petition or it will be heard ex parte as to them


Ordered by the court that the clerk of this court T S Martin, Guardian ad liteum to the infant petitioners, Jane Burgiss, Henry Burgiss and John Burgiss to defend this suit.

A true copy T S Martin clk
By W A Joyce DC [?]

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Shadrack Bell and some other heirs William Burgess, deceased
petitioned for sale of land
documents dated 1878.
Transcribed by John A. Barnes on May 31, 1999 from xerographic copy obtained from the NC Archives, Raleigh, NC. Brackets [ ] addedby transcriber.
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State of North Carolina In the Superior Court
Yadkin County

To the honorable The Superior Court of said county. The petition of Shadrack Bell and his wife, Jane in their own right, and as purchasers of the interests of E.L. Burgess, James M. Burgess, R.C. Burgess, and Thomas Ladd and his wife, Elizabeth, and John M. Burgess in his own right, against Joseph D. Burgess = N.F. Burgess, William A Burgess, the heirs at law of Nancy Martin deceased, wife of Williams Martin and the heirs at law of Sally Cookson, deceased wife of Issac Cookson. viz:
respectfully showeth unto the said court that William Burgess late of said county died intestate about the year [ no date given ] leaving him surviving his widow, Elizabeth Burgess, and your petitioners, Shadrack Bell, and his wife, Jane in their own right and as purchasers of the interests E.L. Burgess, Jos. M. Burgess, R.C. Burgess, and Thomas Ladd & wife, Elizabeth, and John M. Burgess and the defendants Joseph D. Burgess = N.F. Burgess, W.A. Burgess, the heirs at law of Sally Cookson, decd. and the heirs at law of Nancy Martin decd. as his only heirs at law, upon whom his real estate descended, between them equally to be divided, as tenants in common, each of his said children or their legal representatives, being entitled to one eleventh part thereof. Your petitioners further showeth that the said intestate at the time of his death was seized in fee simple of a tract of land, situate in the county aforesaid, allotted to his said widow, Elizabeth Burgess, who is now dead, as her dower, adjoining the lands of Leroy Hampton, A. C. Cowles & others, near Hamptonville N.C. containing one hundred and sixty acres more or less, and your petitioners further show that they desire to have partition of said land made amongst them according to their respective rights and interests therein, but that owing to the size of said tract of land, the number of the parties interested, the nature and quality of the said, and other causes, it is impossible that actual partition thereof can be made without serious injury to the parties interested, your petitioners therefore pray that the said court to order a sale of said land, on such terms as the said court shall deem just and reasonable, and that the proceeds of the sale, may be divided among them according to their respective shares and interests in the said land and may be paid to or secured for them, according to law, and the course of the said court. To the end therefore that the said defendants may answer the premises [?] that the said may by decree of the said court be sold on such terms as the court shall deem just and reasonable, and that the proceeds of said sale may divided among your petitioners and the said defendants, according to their respective interests in said land, and be paid to or secured for them respectively, according to law and the course of this court. May it please the said court to grant unto your petitioners a Summons to be issued to Wms Martin, the father of the minor heirs of Nancy Martin, decd as guardian ad liteum of the heirs of Nancy Martin decd who are all minors, commanding him or them to appear and answer [?], and to Joseph D. Burgess, N. F. Burgess and the heirs at law of Sally Cookson decd and Wm. A. Burgess who reside beyond the limits of this state, notifying them of the filing of this petition, and directing them to appear and answer this petition, and your petitioners as in duty bound will ever pray.

Jno. A. Hampton
atty. for petitioners

State of North Carolina In the Superior Court
Yadkin County W. S. Arnold B. R. Brown

Make oath that they are well acquainted with the tract of land described in the foregoing petition, and that owing to the size of said tract, the quality of the land, and the number of persons entitled to shares therein, they do not believe that actual partition of the same could possibly be made without serious injury to the parties.
Wm. S. Arnold
B. R. Brown


Sworn to and Subscribed before me, this 14th day of Jany. AD 1878

[Signatures illegible.]

It appearing to the satisfaction of the court that Joseph D. Burgess, N. F. Burgess, W. A. Burgess, the heirs of Sally Cookson decd four of the defendants in this cause reside beyond the limits of this state, It is therefore ordered on motion, by the court, that advertisement be made for six weeks successively in the "Western Sentinel" a paper published in the town of Winston, N. C. notifying the said defendants of the filing of the petition, and that unless they appear within twenty days at the office the clerk of the superior court in the town of Yadkinville N. C. and answer the petition, the same will be taken pro [latin word?] and heard ex parte as to them; and that Williams Martin be appointed Guardian ad liteum of the minor heirs of Nancy Martin decd. one of the defendants in this cause & that a summons issue to him notifying him of the filing of this petition.
Given under my hand and seal of office this Feb. 18th 1878
J. A. Hampton atty for the petitioners.
J. N. Vestal