MONTGOMERY COUNTY, NC - WILLS - Estate Papers of John Allen ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Sandra A Elliott allenelliott@InfoAve.Net ==================================================================== Estate papers of John Allen deceased, Montgomery County, October 1852 Found at the State Archives in Raleigh in June 2000 by Sandra Allen Elliott State of North Carolina Montgomery County Know all men by these presents, that we, Hyram Allen and David Allen, A.H. Sanders and M. A. Minson are held firmly bound unto the State of North Carolina, in the sum of two thousand dollars, current money, to be paid to the said States to which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly severally, firmly by these presents, sealed with our seals, and dated this the fourth day of October A.D. 1852. The condition of the above obligation is such, that if the above bounden Hyram & David Allen Administrator of all and singular, the goods and chattels, rights and credits of John Allen deceased, do make, or cause to be made, a true and perfect inventory of all and singular, the goods and chattels, rights and credits of the deceased, which have or shall come to the hands, knowledge, or possession of the said Hyram & David Allen or into the hands or possession of any person or persons, for and the same so made, do exhibit, or cause to be exhibited, one attested copy thereof, to the County Court, where orders for administration passed, within ninety days after the date of these presents; and the same goods, chattels, and credits, and all other goods, chattels, and credits of the deceased, at the time of his death, or which shall come into the hands or possession of the said Hyram & David Allen or into the hands or possession of any other person or persons for them do well and truly administer according to law; and further do make, or cause to be made, a true and just account of them said administration, within two years after the date of these presents, and all the rest and residue of the said goods, chattels, and credits, which shall be found remaining upon the said administrator account, (the same being first examined and allowed by the Governor and Council, Superior or County Court,) shall deliver and pay unto such person or persons respectively, as the same shall become due, pursuant to the true intent and meaning of the act in that case made and provided. And if it shall appear that any Will or Testament was made by the deceased, and the executor or executors therein named do exhibit the same into Court, making a request to have it allowed and approved of accordingly, if the said Hyram & David Allen above bounded, being thereunto required, do render and deliver the said letters of administration, (approbation of such testament being first had and made in the said Court,) then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed, and delivered in presence of Hyram Allen seal David Allen seal A. H. Sanders seal M. A. Minson? seal State of North Carolina Court of Pleas & Quarters Montgomery County October Term 1852 To the worshipful the court of Pleas Sessions in and for Montgomery County The petition of Charity Allen, widow of John Allen, Esq. Decd, humbly complaining shews to your worship that her husband the late John Allen, died intestate in said county having made no provision for the support of your petitioner & her family. Your petitioner therefore prays your worship to appoint a justice of the Peace and three freeholders, to lay off and allot to your petitioner and her family one years provision out of the said decd. Husband estate and make report to her next term of this court according to act of assembly in such cases made and handed and as in duty bound your petitioner will now pray. Gess? For petitioner ______________________________________________________________ State of North Carolina Court of Pleas & Quarters Session Montgomery County October Term, 1852 Charity Allen Vs On petition for dower Heirs at law of John Allen, Esq., decd This petition coming on to be heard upon this petition letter proof it is ordered by the court that the sheriff of this county summon a jury of good and lawful men unconnected with the petitioner and lay off & allot to her petitioner dower - in the lands mentioned in the petition according to act of assembly in such case made & provided by which provided to the next term of this court ________________________________________________________ State of North Carolina Court of Pleas and Quarters Montgomery County Session October Term 1852 To the Sheriff of Montgomery County Greetings we command you summon a jury of good and lawful men to ___ upon the land and premises of which John Allen, died seized and possessed that is to say of about seven hundred and thirty acres of land situated in said County on both sides of Little River adjoining the lands of Daniel Hurley, Jermiah Reynolds, & Jane McCallum & others as in the petition and lay off and allot to said Charity Allen, widow and relict of the said John Allen, decd. Her dower and thirds on the said lands and put her in possession of the same. Witness John McLennan, Clerk of our said Court at office the 1st Monday in October, A.D. 1852 John McLennan, Clerk State of North Carolina Montgomery County I __ Cochran Sheriff of Montgomery County attended by the following jury of good and lawful men Viz. Isaac Sugg, William Britt, Daniel W. Hurley, Daniel Martin, James Wallas, Edwin Leach, Aran H. Leach, Eli Ward, Henry Freeman, Elijah Hancock, Ruben Ward and Duncan McCaskill who after being duly sworn according to law proceeded on the 5 day of November 1852 in obedience to the annexed writ to lay off and allot to the widow Charity Allen her dower and thirds in the lands of John Allen, deceased as described in said writ according to the following metes and bounds Beginning at a red oak on the bank of Little River at the wagon ford on the point below and runs down the various courses of said River to the mouth of white oak branch, up the various courses of said branch to a persimmon tree below & near the old mill place - then north fifteen poles to a red oak, south eighty-five west eighty-three poles to a white oak south twenty seven east thirty four poles to said white oak branch up the various courses there of one hundred and forty-six poles to white oak by a maple and white oak pointers thence north one hundred and sixty seven poles to a point west one hundred and forty poles to a holly tree on the river bank two hickories and a white oak pointers at the mouth of a draw, thence down the various courses to the beginning containing three hundred and twenty-six acres and provided also to put her an possession of the same given under the hands and seals of said jurors in the presence of me this fifth day of November one thousand eight hundred and fifty-two. ___ Cochran, Sheriff Isaac Sugg William Britt D.W. Hurley Daniel Martin James H. Wallas Edwin Leach A.H. Leach Eli Ward Henry Freeman Elijah Hancock Reuben Ward Duncan McCaskill ______________________________________________________ Charity Allen’s years allowance by James Wright, Daniel Hurley, A.H. Leach, Commissioners State of North Carolina October 28, 1852 Montgomery County Then the following articles of provision were laid off and set apart for Charity Allen and family for one year (Viz.) 50 barrels of corn 30 bushels of wheat 8 hogs to be fatten out of the above corn 1 choice beef (eatables now on hand) 2 choice muttons with the garden potatoes turnip & cotton the milk of three cows one pen of shucks 1000 bunches of oats 1500 bunches of fodder one bed and furniture wheel & cards 75 # of coffee 50 # of sugar 10 gallons molasses, 2 sacks salt 50 # iron, 5 # soda, 2 # ginger spice and pepper each the articles from the cards down to furnished by administrators Signed and sealed by the Commissioners Commissioners duly sworn by me James Wright S. Halton, Jr.? Daniel W. Hurley A.H. Leach _________________________________________________________ Nov. 8th, 1852 These the undersigned met by request of Ms. Allen to allow her leather and agreed to allow her one side upper and one side sole leather to shoe her family for one year. The leather now at Lockey Simmons, tanner James Wright Daniel W. Hurley A.H. Leach A list of Notes and other papers found by the Administrators of John Allen, decd. And their dates and amounts December the 22nd, 1852 Wade Hurley $15.00 Daniel Allen 75.00 Locky Allen 50.00 Jane McCallum 5.00 Isam Cagle 1.25 Charles Caple 4.00 John T. Richardson 10.00 John Richardson 16.65 Meriby Smith 2.00 Joshua D. Wright 2.35 January Term of Montgomery Court 1853 Hiram Allen David Allen Returned to July Session 1853 of Montgomery County and was ordered to be recorded Jno. M. Lennan, Clerk ___________________________________________________________________ STATE OF NORTH CAROLINA (required to pay court costs) To the Sheriff of Montgomery County, Greetings: We command you, that of the Goods and Chattels, Lands and Tenements of Charity Allen, widow of John Allen, deceased if to be found in your County, you cause to be made the sum of four dollars and seventy-five cents which was lately in our Court of Pleas and Quarter Sessions, held for the County of Montgomery at the Court House in Troy adjudged this fee for cost and charges in the said suit expended whereof the said Charity Allen liable as appears to us of record: And have you the said moneys, besides you fees for this service, before our said Court, at Troy aforesaid, on the 1st Monday in April next, then and there to render the said costs and charges aforesaid. Herein fail not, and have you then and there this writ, Witness John M. Lennan, Clerk of our said Court, at Office, the 1st Monday in January, A.D. 1853, and in the 77th Year of American Independence Issued the 4th day of March, 1853 John M. Lennan ___________________________________________________ STATE OF NORTH CAROLINA (required to pay court costs) To the Sheriff of Montgomery County, Greetings: We command you, that of the Goods and chattels, Lands and Tenements of Hyram Allen & David Allen, adm. of John Allen, decd. If to be found within your County, you cause to be made the sum of six dollars and sixty cents Which was lately in our Court of Pleas and Quarter Sessions, held for the County of Montgomery at the Court House in Troy for costs and charges in the said suit expended, whereof the said Hyram Allen & David Allen liable, as appears to us of record. And have you the said moneys, besides your fees for this service, before our said Court at Troy on the 1st Monday of April next, then and there to render the said costs and charges aforesaid. Herein fail not, and have you then and there this Writ. Witness, John M. Lennan, Clerk Of our said Court, at Office the first Monday of January and in the 77th year of the Independence of said State, A.D. 1853 Issued the fourth day of March, 1853 John M. Lennan, Clerk ________________________________________________________________ State of NC Court of Pleas and Quarters Montgomery County Session April Term 1856 On motion to the Court, Nath. Knight, George Coggin, Neil Gillis & D. John Montgomery, presiding, it is ordered that Angus B. Leach be appointed Guardian of Elizabeth Allen & John Allen, children of John Allen, decd. That he enter into bond in the sum of $300 with Daniel A. Leach and Malcom M. Leach, sureties Whereupon the said Angus B. Leach gave bond according to Law and was duly sworn. STATE OF NORTH CAROLINA Know all Men by these Presents, That we, Angus B. Leach, Daniel Leach, and Malcom M. Leach in the state aforesaid, are held and firmly bound unto the State of North Carolina, in the sum of three hundred dollars to be paid to the said State of North Carolina, in trust, for the benefit of the wards hereafter named, committed to the tuition of the said Angus B. Leach. To which payment well and truly to be made, we bind ourselves and each of us, each and every of our heirs, executors, and administrators, jointly and severally firmly by these presents. Sealed with our seals, and dated the 8th day of April, A.D. 1856. The condition of the above obligation is such, that whereas the above bounden Angus B. Leach is constituted and appointed Guardian to John Allen, Minor Orphan, now if the said Angus B. Leach shall faithfully execute his said Guardianship, by securing and improving the Estate of said John Allen that shall come into his possession for the benefit of the said wards until he shall arrive at full age, or be sooner thereto required, and then render a plain and true account of his said Guardianship, on oath before the Justices of the County Court of Montgomery County, and deliver up, pay to, and possess the said John Allen of all such Estate or Estates as he ought to be possessed of, or to such other person as shall be lawfully empowered or authorized to receive the same, and the profits arising therefrom, then this obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed and delivered, In the presence of A.B. Leach D.B. Leach M.M. Leach J. M. Lennan, Clerk _____________________________________________________________ State upon the relation of John & Elizabeth Allen by Hiram Allen David Allen A.H. Sanders & M.A. Munroe To hand 15th July, 1858, C.W. Wooley, Shff. (signature that the sheriff received a copy of this) October Session 1858 C.W. Wooley, Sheriff STATE OF NORTH CAROLINA To the Sheriff of Montgomery County, Greetings: You are commanded to take the bodies of Hiram Allen, David Allen, A.H. Sanders & M.A. Munroe if to be found in your Bailiwick, and there safely keep, so that you have there before the Justices of our Court of Pleas and Quarter Sessions, at a Court to be held for the County of Montgomery at the Court House in Troy on the first Monday in October next, then and there to answer the State of North Carolina upon the relation of John and Elizabeth Allen by their guardian Angus B. Leach in a plea that they render unto the said state upon the relation aforesaid the sum of two thousand dollars, which they owe and deliver to the _____ said State five hundred dollars. Herein fail not, and have you then and there this Writ Witness, John M. Lennan, Clerk of said Court, at Office the first Monday in July, A.D. 1858, and of American Independence the 85 Issued the 6th day of July, 1858 John M. Lennan, Clerk State of North Carolina County Court Clerk’s office the 1st day of Montgomery County January 1859 This day in the County Court Clerks office pursuant on notice issued to Hiram Allen & David Allen, adm. Of John Allen deceased and marked acknowledged as to Hiram Allen one of the adm. appeared and proceeded to take the account in the case state upon the relation of John Allen & Elizabeth against Hiram Allen & David Allen according to an order made at Oct. Term 1858 Hiram Allen appeared and produced the vouchers & receipts To amount of first sale sold on the 28 Oct. 1852 On a credit of 12 months $187.80 Int. thereon from the 28th Oct. 1853 to the 1st April 1855 15.02 Amount of second sale sold in a credit of nine months 134.01 ½ Int. on same for 15 months 10.05 346.99 ½ To amount of Jacob Lassiter note & rent 108.65 Isham Cagle 1.35 J. Z. Richardson 12.95 John Richardson 11.08 Charles Cupples 4.40 Allowance due on D. W. Huley 2.75 To amount of Rubin Reynolds a/c 1.25 Jack Lassiter “ 2.96 David Allen’s note $75 84.25 One other note 20 22.47 Locky Allen due on demand 50.00 Rent of land 9.00 $657.99 ½ 1 Locky Jordan proven a/c $1.71 2 D. W. Hurly proven a/c 2.93 3 James L. Ganes receipt & int. 5.64 4 C. I Cochran Sheriff receipt for two fef 13.80 24.04 To amt of sales & Int. brought over $657.99 ½ To amt of vouchers brought over 24.04 5 A.D. Blackwood receipt 2.50 6 James M. Callums judgment 2.53 7 Tax receipt for the year 1853 1.39 8 “ 1852 1.39 ½ 9 A.A. Leachs judgment 1.75 10 Martin Hunsuckers’ proven a/c 2.35 11 D & T Pembertons .60 12 Lockey Allen’s judgment 7.60 13 Charity Allen receipt 28.80 14 K N Knights proven a/c .75 15. D. I Curry receipt 9.75 16 A. H. Sanders receipts 2.00 17 Hiram Allen’s a/c 18.30 103.95 ½ Commissions $103.95 ½ at 5 p outs 5.20 $109.15 ½ $109.15 ½ 568.84 Int. on $568.84 from the 28 Oct. 1852 to the 28 Oct. 1858 137.21 686.05 _______________________________________________________________ State of North Carolina Montgomery County I John McLennan Commissioners after giving the administrators due I notes proceeded to take the account and examined the vouchers and after giving him all just credits find here undebted to the estate six hundred and eighty six dollars and five cents $686.05 After which is respectfully submitted to worships John McLennan, Comm. Hyram & Lockey Allen adm. of Jno. Allen decd. For amt. Of sales of property on the 28th day of Oct. 1853 On a credit of 12 months $367.46 ½ Int thereon from the 28th Oct. 1853 to 22nd July, 1855 27.55 Amt of second sale the 22nd Dec. 1852 at 9 month credit 134.01 ½ Int. thereon from 22nd Sept. 1853 to 22nd Jany. 1855 10.72 Balance of a $15 note against D. W. Hurley & int. 2.75 1 note on Dave Allen due on demand for $75 demand made 29th Dec. 1853 Int. 9.27 84.27 1 note against same & interest 22.47 1 note against Lockey Allen due on demand and paid on demand 50.00 Note listed on James McCallum (settled by her affects) 00.00 Note on Isham I Cagle & interest 1.35 Note in Charles Cuppler & interest 4.40 Note on John J. Richardson & int. 12.95 Bal. Note & interest on Jno. Richardson 11.08 Amt. Recd. Of Jack Lassiter 2.96 Amt. Recd. Of Reuben Reynolds 1.25 Note on Jacob Lassiter & Int. 108.65 841.88 amt. of land 9.00 $850.88 DISTRIBUTION OF ESTATE 1 Hiram Allen distribution share $77.25 5/9 2. Locky Allen 77.25 5/9 3. Lydia Hunsucker 77.25 5/9 4. David Allen 77.25 5/9 5. Elizabeth Allen 77.25 5/9 6. David Allen 77.25 5/9 7. Deborah Allen 77.25 5/9 8. Louza Allen 77.25 5/9 9. John Allen 77.25 5/9