Orange County NcArchives Wills.....Allen, John November 17, 1826
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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.