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Inheriting Land and Enslaved People

Inheriting Land and Enslaved People 

Silas Burke and his siblings inherited his father’s (James Burke) Estate, including land, enslaved people, and farm equipment of that Estate.  The Executors of that Estate, which included Silas, were directed by the Will to sell the assets of the Estate and distribute them equally to the siblings listed (Silas was one of them).

It is important to note that Fenton was not purchased at a slave auction, he was inherited by all of James Burke’s children listed in his Will.  (See copy of James Burke’s Will, Fairfax County Will Book Vol. N1-P1, 1822-1830 – distribution) A section is shown below:

The following is a transcription of the yellow highlighted area which sets forth the distribution of the rest and remainder of James Burke’s Estate to his children.

The children inherited the land, enslaved people, farm equipment as a group known as the beneficiaries of the Estate:

…, after my just debts are paid, of which there are few, equally divided, among my following married children to Wit: Benjamin, Rebecca, Ann, Mary, James, Silas, Levi, Margaret, Newman, Letty, Presley and George and it is also my will, that the part of my estate above bequeathed to my well beloved wife, shall at her decease be sold and divided equally among the following children, Benjamin, Rebecca, Ann, Mary, James, Silas, Levi, Margaret, Newman, Letty, Presley and George.  And lastly, I do nominate and appoint my sons Benjamin Burke and Silas Burke Executors to this my last Will and Testament.

Silas Burke was not looking to purchase a child. He did not have a “shopping list” as the Fenton Project suggests.  The Burke siblings inherited their father’s assets.  Silas Burke’s transaction relating to Fenton is a transfer of an asset of the Estate that he had already inherited with his siblings.  Silas Burke was paying into the Estate for that asset to be transferred to him, thereby replacing Fenton’s value to the Estate for the eventual final cash distribution to all sibling beneficiaries.  

See Silas in his own Words to read about Silas’s conversation with Fairfax County Sheriff, Jonathan Roberts, explaining how he came to be a slaveholder in the first place.  He explains in that conversation that he inherited the slaves from his father’s Estate.  He did not seek out these purchases.  He grew up with the enslaved people of his father’s Estate; he knew them and felt responsibility to make the best of the situation in which they all found themselves.  In actuality, he did not support slavery; he joined organizations and became a leader within those organizations that did not support slavery.  But, as he noted in the National Tribune article he was bound by law.