WILL: ALLEN, John Mountjoy, 1855 - Bourbon County, Kentucky FROM: Ed Dolan DATE: June 28, 1999 (John Mountjoy Allen was b. ca. 1772 in Stafford Co., Va. Was a son of James Allen, of Stafford Co. most of his life, but later in Fauquier Co., where he died--and Mary Mountjoy, dau. of William Mountjoy and Phillys Reilly. John M. Allen came with his mother to Bourbon Co., where she left a will in 1810. He married 1) ca. 1810, Obedience Collier, daughter of John Collier and Hannah Hamlett, who had settled in Bourbon Co. in 1798, on land which fell into Nicholas Co. in 1800. John Collier left a will in Nicholas Co. in 1820. Obedience (Collier) Allen died ca. 1813/1814, and John M. Allen married 2) Harriett Amos on 4 Dec., 1816, daughter of Thomas Amos and Catherine Devore, originally from Maryland, later of Bourbon Co. By Obedience Collier, John M. Allen had 3 children: a) Mary, b. 27 Nov. 1811, who married George Smiser ca. 1830, and had 2 children; b) James M. Allen, b. ca. 1813, married Nancy Trundle ca. 1841, 3 children; and c) Obedience W., married John Fry in Bourbon Co. on 17 Oct. 1832. They moved to Marion Co., Mo., and had 3 children -- Obedience died, and John Fry married again to Mary Jane Leighton, and had at least 8 more children. By his second wife John M. Allen had 4 children: a) John M. Allen, Jr.; b) William J. Allen; c) Mary E. Allen, mar. Moses McIlvaine in 1848; and d) Catherine D. Allen, mar. James R. Major in 1840). I'm descended from John Collier, father of John M. Allen's first wife, Obedience Collier, through John Collier's son Hamlett Collier.) Ed Dolan. edolan@worldinter.net ====================== WILL OF JOHN MOUNTJOY ALLEN Bourbon County, Kentucky Will Book P, pp. 359-361. I, John M. Allen of the County of Bourbon do make and ordain this last Will and Testament in manner following: I direct that my just debts if any & funeral expenses be paid. I give and devise to my beloved wife Harriett Allen during the period of her natural life, two hundred acres of Land to be laid out of the farm on which I now reside in Bourbon County and to be laid off as to be in good shape and to include the dwelling house in which he and I now reside, together with all the kitchen outhouses gardens and orchards. I also give to my wife absolutely and forever all my household and kitchen furniture, and also all the stock which may be on my farm at the time of my death, including horses cattle sheep hogs and every species of livestock and such dead victuals as may be in the house at my death. I also give to my wife forever all my cash notes and my watch. Any stock hereinafter bequeathed is excepted. I further give and lend to my said wife during her life all my negroes towit; Amy & the yellow boy I bought of Jefferson Scott named William and the man named Joe alias Joseph as long as she desires their labor all the time of her life, but if said boy William is unwilling to go to my wife or children, he may be sold and divided, but she is at liberty to divide said negroes at any time she may choose among my children and grandchildren as follows; to Elizabeth McIlvaine during her life in the hand of Wm. G. Talbott as a Trustee to hold them for her during her life, and at her death to pass to her children absolutely, that is one fourth part of said negroes to Elizabeth McIlvaine for life as aforesaid, in the hands of said Trustee, and after her death to her children; and one fourth to the children of John M. Allen my deceased son, and one fourth to Nancy Allen wife of William J. Allen to be held by Wm. G. Talbott a Trustee for her use during the life of said husband William J. Allen, separate and apart from his control or claim and at the death of said William J. Allen to pass and vest absolutely in the children of said William J. Allen if he has any at his death, and if he dies leaving no child then to the children of my son James M. Allen; and one fourth of said negroes to the children of Jas. M. Allen towit; Thomas Ann [female], Sally Ann and John Allen. If my wife fails during her life to make the aforesaid division, then they are to pass and I hereby give them to my said children and grandchildren as above directed. I exclude my daughter Kitty Major from any share in the said negroes, because I have previously given her a negro woman named Vina. I give and bequeath to my granddaughter Mary Catherine Smizer, one riding horse saddle & bridle. I bequeath to my grandson George Smizer one riding horse saddle and bridle. I have excluded Mary Catherine Smizer from any further interest in my estate, because I have made advancements to their father. I give to the children of my daughter Obedience by John Fry; I give each of them one horse saddle and bridle. I also bequeath and devise all my estate real and personal, not herein before bequeathed or devised or mentioned as follows; To the children of my son James M. Allen towit; Thomas Ann, Sally Ann & John Allen, children of the aforesaid James M. Allen, one fifth part, to Kitty Major my daughter one fifth part, to Nancy Allen wife of my son Wm. J. Allen during the life of said Wm. J. Allen, to be held in trust by Wm. G. Talbott for use separate from the control of her husband or any right in him during his said Wm. J. Allen -- and at the death of said Wm. J. Allen, the part hereby given to said Nancy, in the hands of her Trustee to be vested absolutely in the children of said Wm. J. Allen, if he leaves any at his death and if he leaves no child at his death, then to the children of James M. Allen, above named. One fifth to the children of John M. Allen my son deceased, and one fifth to my daughter Mary E. McIlvaine, during her life, or rather the use thereof the same to be held by said Wm. G. Talbott as Trustee for her and separate from any right or control of her husband and at her death to pass to and rest in her children and their heirs absolutely. After the death of my wife Harriett Allen it is my will & I hereby devise the two hundred acres of land devised to her for life as above, as follows; one fourth thereof in trust to said Wm. G. Talbott for the use of Nancy Allen wife of Wm. J. Allen during the life of said Wm. J. Allen separate and free from the use and control of said Wm. J. Allen, and at the death of said Wm. J. Allen then to pass to & be vested absolutely in his children if he leaves any t his death, and if he leaves no child at his death, then to pass to & be vested absolutely in the children of James M. Allen towit; Thomas Ann, Sally Ann and John Allen; one fourth part to be [?] by said Wm. G. Talbott as Trustee for the use of Mary E. McIlvaine during her life separate from her husband and free from any claim or control of him, and at her death to pass to and vest in her children absolutely; and one fourth part to pass to and vest in the children of my son John M. Allen deceased. And it is further my will and I direct that the devisees of the land above named devised to my wife for life, after my death pay to my daughter Kitty Major's Trustee for her use during her life, or if she be dead, [?] such a sum of money as will amount to an equal portion in value to her of the last named land devised to my wife for life, excepting therefrom the value of a negro woman named Lucy and her child, if said Lucy & child be then living. --- I hereby appoint my wife Harriett Allen Executrix of this my last will and Testament direct that no security be required of her by the Court, hereby revoking all others. It is further my will that in the division of my lands as above directed among my children, that in the portions allotted to Wm. J. Allen and that to J.M. Allen or their children, they are to be charged with the advancement made in land to them by me. In testimony of the above I set my hand to this as my last will this 29th December 1854. att Jno. Roots Thornton W.G. Talbott John M. Allen his X mark At the July term of the County Court of Bourbon County Kentucky, On the 2nd day of July 1855. This last will and Testament of Jno. M. Allen dec'd. was this day produced and proved in open court by the oaths of Jno. Roots Thornton and Wm. G. Talbott attesting witnesses thereto, and having been sworn to by Harriett Allen the Executrix therein named is ordered to record. Witness R.J. Brown clerk of said Court the date above. R.J. 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