Orange County NcArchives Wills.....Allen, John November 17, 1826 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 130-133 Written: November 17, 1826 Recorded: Nov 1826 Testator: John Allen Be it remembered that I John Allen of Orange County and State of North Carolina being far advanced in years do make this my last will and testament in manner and form following that is to say I will that all my Just de[b]ts and funeral charges be paid and discharged as soon as may be by my Executors hereafter named Item it is my mind and will that my tract of land lying in Orange and Chatham Counties shall remain as I had it divided by lines into six lots reference being had to the plot in my possession may more fully and at large appear Item I give and bequeath to son my John Allen the lot of land on which he is now Settled in Chatham County containing by computation ninety four acres and one hundred and twenty three poles be the same more or less to him and his heirs forever Excepting the terms on which I have left his Mother her living Item I give and bequeath to my son Peter Allen the lot of land on which he is now Settled in Chatham County containing by computation ninety four acres and one hundred and twenty three poles be the Same more or less to him and his heirs forever Excepting the terms on which I have left his Mother her living Item I give and bequeath to my two sons Joseph and Herman Allen a tract of land lying in Randolph County on mill Creek on the South Side of deep River containing by computation two hundred and forty acres be the same more or less to be Equally divided between them share and part alike Each one to have the part on which he is now Settled to them and their heirs forever Excepting the terms on which I have left their Mother her living Item the lot of land on which my son Nathan Allen was Settled in Orange County but now deceased containing by computation ninety four acres and one hundred and twenty three poles be the same more or less I give and bequeath to his Children namely Ruth Job and Miles Allen to be Equally divided between them Share and part alike but if any of they[sic] before mentioned Children die or depart this life in a state of minority leaving no lawfull issue in such case it is my will that his her or their part or Share Shall devolve on they[sic] Surviving heir or heirs Share and part alike but in case all they(sic] before mentioned Children die or depart this life in a state of minority leaving no lawfull issue it is my will the said lot of land shall devolve on or fall to my sons John Peter Joseph Herman Solomon and William Share and part alike to them and their heirs forever Excepting the terms on which I have left their Mother her living which lot I will for the benefit of they [page 2] Children to remain under the care of Some of my Executors or some guardian appointed for that purpose till the youngest of they before named Children shall arrive to the age of twenty one years Item I give and bequeath to my son Solomon Allen the lot of land on which he is now Settled in Orange County containing by computation ninety three acres and seventy two poles be the same more or less to him and his heirs Forever on conditions he allows a wagon road along the line between the two lots left to his brother William Excepting the terms on which I have left his mother her living Item the middle lot on the South End is divided into four lots reference being had to the plot in my possession will more fully and at large appear Item I give and bequeath to my son John Allen the South west lot containing by computation twenty three acres and sixty one poles be the same more or less to him and his heirs forever on conditions he pays one hundred and fifteen dollars for the same Excepting the terms on which I have left his Mother her living Item I give and bequeath to my son Peter Allen the South East lot conta- -ining by computation twenty five acres and one hundred and twenty nine poles be the same more or less to him and his heirs forever on conditions he pays Sixty dollar for the Same Excepting the terms on which I have left his Mother her living Item I give and bequeath to my son Solomon Allen the North west lot containing by computation twenty one acres and thirty seven poles be the Same more or less to him and his heirs forever on conditions he pays one hundred and fourty[sic] dollars for the same Excepting the terms on which I have left his Mother her living Item I give and bequeath to my son William Allen the North East lot containing by computation twenty two acres and fourty[sic] nine po- -les be the same more or less to him and his heirs forever on conditions he pays Eighty five dollars for the same Excepting the terms on which I have left his mother her living but in case any of them should decline or refuse to take said lot on such conditions then it is my will that the others may have the offer at the same and if they all refused to set them all four together to the [erasure] highest bidder and the price of them all to go as other cash is directed Item I give and bequeath to my son William Allen the lot of land on which I now live in Orange County containing by compu- -tation one hundred and three acres and fifty four poles be [page 3] the same more or less to him and his heirs forever Excepting the terms on which I have left his mother her living Item I give and bequeath to my loving wife Rachel Allen her living or place of abode on Each or Either of the above mentioned lots of land as She Shall from time to time choose or think it be best and if she lives to need help that Each of my Sons Shall provide and pay yearly and every year one Eighth part towards her maintenance on said lots or She Shall be Entitled to draw such a share from the rents or profits of Each of the above said lots of land that I have willed to them and their heirs while she remains my widow Item I give and bequeath to my loving wife Rachel her riding mare named Gray and one cow named Nole and all my household furniture Excepting the Clock Books and desk Item I give and bequeath to my daughter-in-law Martha Allen widow of Nathan Allen one dollar Item I give and bequeath to my son Nathan's Children namely Ruth Job and Miles three dollars Each to be under the care of my Executors or some guardian appointed for that purpose untill they come of age to receive Item I give and bequeath to my son William Allen all my working tools and all the remainder of the live Stock belong- -ing to me Item I give and bequeath to my son Joel Allen twenty five dollars if he comes to demand it of my Executors which with what I have already given him and what he is now owing me is to be in full of his share or part of my Estate Item I will that my wagon Clock Books and desk be sold in my family to the highest bidder and the price to be applied as other cash Shall be directed Item I will that all my cash and cash notes be collected and after my Just dets and legacies and reasonable charges are paid the remainder to be Equally divided among my family namely my loving wife Rachel John Peter Joseph Phebe Herman Solomon William and Hannah share and part alike Item it is my will should any of my legatees enter suit at law or Equity or cause it to be entered for any part of my Estate other than is by will to them directed [page 4] in supporting my will (my Executors Excepted) or shall lay said Estate liable to suffer by such suit shall forfeit and lose all his her or their right claim or title to any part of my Estate which forfeiture shall go as other cash is directed and I hereby [erasure] nominate constitute and appoint my loving Sons Joseph Herman Solomon and William my Executors of this my last will and testament hereby Revoking and disanuling all former wills and plots Except the plot in my possession refered to by my will in witness whereof I have hereunto set my hand and seal. this seventeenth day of the Eleventh month in the year of our Lord one thousand Eight hundred and twenty five Witnesses present John Alan[sic] (Seal) Peter Stout Jesse Dixon Joseph Dixon [Will Book Volume E, page 130] Be it remembered that I John Allen of Orange County & State of North Carolina being far advanced in years do make this my last Will and Testament in manner & form following that is to say, I will that all my just Debts & funeral Charges be paid & discharged as soon as may be by my Executors hereafter named ~~ Item it is my mind & will that my Tract of Land lying in Orange & Chatham Counties shall remain as I had it divided by lines into six Lots reference being had to the plott in my possession may more fully and at large appear ~~ Item I give & bequeath to my son John Allen the lot of land on which he is now settled in Chatham County containing by computation ninety four Acres & one hundred and twenty three polls[poles] be the same more or less to him & his heirs forever excepting the terms on which I have left his mother her lifeing[sic] ~~ Item I give & bequeath to my son Peter Allen the lot of Land on which he is now Settled in Chatham County containing by computation ninety four Acres and one Hundred and twenty three poles, be the Same more or less to him and his heirs forever excepting the Terms on which I have left his mother her living ~~ Item I give & bequeath to my two sons Joseph and Herman Allen a Tract of Land lying in Randolph County on Mill Creek on the South Side of Deep River Containing by computation Two hundred and forty Acres be the same more or less to be equally divided between them share and part alike each one to have the part on which he is now Settled to them and their heirs forever ~~ Excepting the Terms on which I have left their Mother her living !! Item ~~ The lot of Land on which my son Nathan [Allen] was Settled in Orange County but now deceased containing by com= putation ninety four Acres and One hundred and twenty three poles be the same more or less, I give & bequeath to his Chil= dren namely Ruth, Job and Miles Allen to be equally divided between them share & part alike, but if any of [Will Book Volume E, page 131] [the] before mentioned Children die or depart this life in a State of minority leaving no lawful issue in such case it is my Will that his her or their part or Share Shall devolve on they surviving heir or heirs Share & part alike but in case all the before mentioned [Children] die or depart this life in a state of minority leaving no lawful issue, it is my will the Said lot of Land shall devolve on or fall to my sons John, Peter, Joseph, Herman, Solomon and William share and part alike to them & their heirs forever, excepting the terms on which I have left their mother her living, which Lot I will for the benefit of the Children to remain under the Care of some of my Ex= =ecutors or some guardian appointed for that purpose till the Young =est of the before named Children shall arrive to the age of Twenty one Years ~~ Item I give and bequeath to my son Soloman Allen the Lot of Land on which he is now Settled in Orange County containing by Computation Ninety three Acres and Seventy two poles be the same more or less to him and his heirs forever on Conditions he allows a waggon road along the line between the two lots left to his brother William excepting the terms on which I have left his mother her living Item ~~ The middle lot on the South end is divided into four Lots reference being had to the plot in my possession will more fully and at large appear ~~ Item I give and bequeath to my Son John Allen the South West lot Containing by Computation twenty three Acres and sixty one poles be the same more or less to him and his heirs forever on Conditions he pays one hundred and fifteen Dollars for the same ~~ excepting the terms on which I have left his mother her living ~~ Item Item [sic] I give and bequeath to my son Peter Allen the South East lot containing by computation twenty five Acres and one hundred and twenty nine poles be the same more or less to him and his heirs forever ~~ On Conditions he pays sixty Dollar for the Same ~~ Excepting the Terms on which I have left his mother her living ~~ Item I give and bequeath to my son Solomon Allen the North West lot containing by computation twenty one Acres and thirty seven poles be the same more or less to him and his heirs forever, on Conditions he pays one hundred and ["twenty" x-out] forty Dollars for the Same ~~ excepting the terms on which I have left his Mother her living ~~ Item I give and bequeath to my son William Allen the North East lot containing by computation twenty two acres & forty nine poles be the same more or less to him and his heirs forever on Conditions [Will Book Volume E, page 132] he pays Eighty five Dollars for the same ~~ excepting the terms on which I have left his mother her living ~~ but in case any of them should decline or refuse to take said lot on such Conditions then it is my Will that the others may have the offer at the Same and if they all refused to set them all four together to the highest bidder and the price of them [all] to go as other Cash is directed Item I give and bequeath to my son William Allen the lot of Land on which I now live in Orange County containing by computation One Hundred and three Acres and fifty four poles be the Same more or less to him and his heirs forever ~~ excepting the terms on which I have left his mother her living ~~ Item I give and be= queath to my loving wife Rachael Allen her living or place of abode on each or either of the above named lots of Land as She Shall from time to time choose or think [it be] best and if she lives to need help that each of my Sons Shall provide and pay yearly and every year one eighth part towards her maintenance on said lots or She Shall be entitled to draw Such a share from the rents or profits of each of the above said lots of Land that I have willed to them & their heirs while she remains my widow ~~ Item I give and bequeath to my loving wife Rachel her riding mare named Gray & one Cow named Nole and all my house hold furniture, excepting the Clock books and Desk ~~ Item I give and bequeath to my daughter-in-law Martha Allen widow of Nathan Allen one Dollar Item I give and bequeath to my son Nathan's Children namely Ruth, Job, and Miles three Dollars each to be under the Care of my Executors or some guardian appointed for that purpose until they come of age to receive ~~ Item I give and bequeath to my son William Allen all my working tools and all the remainder of the live Stock belonging to me ~~ Item I give and bequeath to my son Joel Allen twenty five Dollars if he comes to demand it of my Executors, which with what I have already given him & what he is now owing me is to be in full of his share or part of my Estate ~~ Item I will that my waggon, Clock, books and desk be sold in my family to the highest bidder and the price to be applied as other Cash shall be directed [Will Book Volume E, page 133] Item I will that all my Cash and Cash notes be collected and after my just Debts and Legacies & reasonable charges are paid the remainder to be equally divided among my family namely my loving wife Rachel, John, Peter Joseph, Phoebe, Herman, Soloman William and Hannah share and part alike ~~ Item It is my will should any of my legatees enter suit at law or Equity or cause it to be entered for any part of my Estate other than is by Will to them directed (my Executors Excepted in sup porting my will) or shall lay said Estate liable to Suffer by such suit shall forfeit and lose all his, her or their right, claim or title to any part of my estate ~~ which forfeiture shall go as other cash is directed ~~ And I hereby [erasure] nominate Constitute and appoint my loving Sons Joseph, Herman, Solomon and William [my] Executors of this my last Will and Testament hereby revoking and disannulling all former Wills and plots, ex= cept the plot in my possession refer[r]ed to by my Will ~~ In Witness whereof I have hereunto Set my hand and Seal this seventeenth day of the Eleventh month in the year of our Lord one thousand Eight hundred and twenty five Witnesses present John Alan[sic] (Seal) Peter Stout Jesse Dixon Joseph Dixon Orange County November Term 1826 The Execution of the foregoing last Will & testament of John Alan decd. was duly proved in Open Court by the Subs= cribing Witness thereto & ordered to be recorded Test Additional Comments: Will Book Volume E, pages 130-133 Recorded Nov 1826 Two plots (maps) included Nathan's son named Miles could be read either "Niles" or "Miles" in this will, but cross-checking Nathan's will, it is clearly "Miles" Estate Papers comprise 18 pages and are found in a folder labeled "Allen, John (1827)". No family history found.