Josias Burt, son of Richard Burt the elder, was born about 1696 in York County, Virginia.
Although not proven, it is believed that Josias Burt married Elizabeth Moody, daughter of Captain Philip Moody and Elizabeth [-?-] [2], about 1718 in Virginia. She was born about 1694 in Virginia, and died before 1759.
Josias Burt died in 1759. His will was signed 5 January 1759 in York County, and probated there 20 March 1759 [1]:
In the Name of God Amen I Josiah Burt of York County being Sick and Weak in Body but of perfect Mind & Memory thanks be given to Almighty God do make this my last Will and Testament as followsI Give my Soul into the hands of God that gave it and my Body to the Earth from whence it came to be decently buried and as to what Worldly Estate it has pleased God to bless me with do Give and dispose of the same in the following manner & form
Item I Give and bequeath unto my Son Philip Burt one Negro man named Tom a Negro Wench named Lucy and a Negro Wench named Peg to him and his heir but if my said Son should die without a Lawful Heir then I Give the above Negroes to my Son Richard Burt and his Heir forever
Item I Give and bequeath to my Son Richard Burt a Negro Wench named Rachel one Do named Kate to him and his heir but if the said Richard Burt should die without a lawful Heir then I Give the above Negroes to my Son Philip Burt and his Heir.
Item I Give and bequeath unto my Daughter Sarah Wagstaff a Negro Man Named Toney twenty Pounds Cash and four head of Young Cattle to her and her Heirs forever.
Item I Give and bequeath unto my Daughter Catherine Burt one Negro boy named Will and a Girl named Delphia to her and her Heirs but if my said Daughter should die without such Heir then I give the above two Negros to be equally divided between my two Sons Philip Burt and Richard Burt and their Heirs forever.
Item I Give unto my Son Philip Burt my Pistols Holsters and all my cloaths. My will and desire is that after all my Just Debts be paid the remainder of my Estate shall be equally divided between Philip Burt Richard Burt and Catherine Burt and lastly do appoint my loving Brother William Burt and my Son Philip Burt Executors to this my last Will and Testament In Witness whereof I have hereunto set my hand and Seal this 5th Day of January 1758 (1758/9).
Josias Burt {S.S.}
Signed Sealed & Delivered
in Presence of
Seymour Powell
Robert Ross
Wm Hubard
At a court held for York County the 20th day of March 1758 (1758/9) This Will was proved according to Law by the Oaths of Robert Ross and Wm Hubard Witnesses thereto and Sworn to by Philip Burt one of the Exrs herein named and Ordered to be recorded and on the Motion of the sd Exr who together with William Moody and Robert Ross his Securities entered into & Acknowledged Bond as the Law directs Certificate was granted him for obtaining a Probat in new form Liberty being reserved to the other Exr in the said Will named to join in the Probat when as he shall think fit Test Thos Evans ????