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Rutherford Co. Will Book__ pg 617

William H. Burt, Dec'd

I, William H. BURT of the County of Rutherford and State of Tennessee, do make, ordain and publish this my last will and Testament, hereby revoking and making boid all former wills by me any time heretofore made. First, it is my will and desire that after the payment of all my just debts, all the remainder of my property both real and personal be given to my beloved wife Virginia P. BURT during her natural life or widowhood, and then to my three children, Susan Ann, William H., Laura Jane Burt. It is my will and desire that no division be made of my Estate until my youngest child becomes of age, but remain in the hands of my wife, and then to be equally divided amongst my three children as above, my wife Virginia P., retaining a child's part to herself, and at her death, her share to be equally divided as above, and in case of the death of any of the children, to their increase, if any, and if not, the division to be equal among those living.
And I hereby nominate and appoint Henry GREGORY my sole Executor to this my last will and testament
Witness my hand and seal, this 7th day of Dec, 1855.W. H. BURT (Seal)
Test:
John F. BLAIR
C. H. WALDEN: Jurat

I, William H. BURT make this as an appendix to my last will and testament. It is my will and desire that F.A. LOUGHMILLER be appointed to settle up my Executorship, in my father's Estate. There are several claims, one on Thomas S. BURT for about $60, some on Wm. E. VENABLE, one on Hugh FRANCIS. They all belong to me individually, as I have settled with the Clerk for them, as a reference to his books will show. I have never been allowed anything for selling the land. I want that allowed.
Dec. 7th, 1855W.H. BURT
Test
John F. BLAIR, Jurat
C.H. WALDEN, Jurat

State of Tennessee
Rutherford County: County Court, January Term, 1856
The execution of the last will and testament and codicil thereto of Wm. H. BURT deceased, was duly proven in open Court at the above mentioned Term by the oaths of John F. BLAIR and C.H. WALDEN, the subscribing witnesses thereto and was ordered to be recorded.
Recorded 16th January 1856John WOODS, Clk

State of Tennessee, Rutherford County, County Court January Term 1856.
To Henry GREGORY, a citizen of Rutherford County.
It appearing to the Court that William H. BURT has died, leaving a written will in which you are appointed Executor, which has been duly proven in open Court, and you having given bond and qualified according to law, and it having been ordered by the Court that letters testamentary [agree?] to you;
These are therefore to empower you, the said Henry GREGORY, to enter upon the execution of said Will, and take unto your possession all the property, and to return to this Court in ninety days a perfect inventory thereof, and make due collection of all debts, and after paying all the just demands against the testator, and settling up the business of said Estate according to law, you will pay over and deliver the property and its effects that may remain in your hands, and to do all other things that may be required, according to the provisions of the said Will, and the laws of the land.
Witness, John WOODS, Clerk, at Office, the 7th day of January, 1856, and the 80th year of American Independence.
Recorded 28th January, 1856John WOODS, Clerk