Last Will and Testament of James Allan
(In original documents surname spelled
Allan)
Will Signed: 26 May 1840
Court of the Ordinary Term 1843 Recorded:
27 February 1843
Book:
4A (1820-1850) Habersham Co., Ga. Ordinary Minutes and Wills Pages: 205, 206, 207
I, James Allan, of the State of Georgia
and County of Habersham being of sound mind and discretion and being desirous
of appointing the distribution of my Estate and of creating a barrier to all
strife or contention that might otherwise arise concerning the same after
my death, do in the name of God and in the presence of competent witness appoint
and establish the following to be my Last Will and Testament.
Item the first – In addition to what
I have heretofore given to my son, David Allan, I hereby will and bequeath
to him the sum of one hundred dollars which may be discharged in any property
worth that amount just as my herein named Executor and Executrix may think
fit.
Item the Second – In addition to what
I have heretofore given to my son, Thomas K. Allan, I hereby will and bequeath
to him one bed, the clothing, and furniture thereto belonging.
Item the Third – In addition to what
I have heretofore given to my son, John Allan, I hereby will and bequeath
to him one Negro boy, Ned, by name.
Item
the Fourth – In addition to what I have heretofore given to my daughter,
Harriett Strickland, I hereby will and bequeath to her the sum of one dollar
to be paid out of any money belonging to my Estate.
Item
the Fifth - It is my desire and intention that the greater portion of
my Estate, Lands, Negroes, Stock, and etc. shall be kept together for the
benefit and maintenances of my younger children and until they arrive at the
years of maturity. Therefore, for
the purpose of carrying into effect this desire I do hereby will and bequeath
to my wife, Hannah Allan, and her heir lineal forever all and singular my
Lands consisting of Five Tracts or parcels known and distinguished in the
several counties in which they lie as follows:
1. One Lot or parcel of land
the same on which I now live, containing two hundred acres. 2.
One tract or parcel of land lying in the State of Georgia and County
of Habersham on the Hudson River
containing one hundred acres more or less which Tract I call my lower place
or plantation and which I purchased from Henry Jones.
3. One other tract or parcel
of land lying in the counties of Hall and Habersham containing two hundred
acres more or less and known and distinguished by the name of crackling gourd.
4. One tract or parcel of land lying in the aforesaid
State and County of Hall containing eighty-seven acres on which is situated
a grist mill by which it is distinguished and called the Mill Tract .
5. Another
Tact or parcel of Land lying in the county of Cherokee and State last aforesaid
and distinguished as lot number Three Hundred and Thirty Eight in the sixteenth
district and fourth section containing forty acres. Together with all and singular, the right,
members, appurtenances, fixtures, mill house, and machines to each and all
of them belonging or in any wise appertaining.
I further will and bequeath to my wife,
Hannah Allan, and her heirs lineal forever all and singular my Negro slaves
to wit: Phyllis, Stokes, Tabby, Sal, Linny, Grace, Kink,
Maria, Sally, Eliza, George, Lizzy,
Mary, Leck, Phil, Dicey, Ike, Molly and Dan and all and each of their
increase of the said Negro women from this time henceforth, together with
all my stock, horses, mules, cows, sheep, hogs, all my household and kitchen
furniture, such as clocks, desks, tables, chairs, beds, bed clothing, cupboards,
crock ware of all descriptions. Knives,
forks, spoons, all my guns together with all my books, papers, notes, accounts,
all and any singular my moneys due and demands, and in fine all and singular
my Estate both real and personnel, except that, that is herein otherwise disposed
of, to have, keep, possess and enjoy during her (my said Wife’s) natural life
as fully and in example a manner as myself, can one could enjoy the same.
The aforesaid mentioned Estate by said wife, Hannah Allan, may dispose
of to her own children at such times and in such quantities as she may think
fit and proper.
Item
the Sixth – For the purpose of having this my Last Will and Testament
executed after my death, I do here by appoint my son, William T. Allan, and
said wife, Hannah Allan, my Executor and Executrix.
Signed in presence of us the Twenty Sixth
day of Signature: James
Allan
May Eighteen Hundred and Forty:
W. G. Morris
John Bond
H. L. Morris, J. P.
This
written Will and Testament of James Allan having been duly proven at the Regular
Term in open court upon the oaths of H. L. Morris, W. G. Morris and John Bond,
it is ordered that the same be recorded.
DEFINITION:
caveat (Latin)
A
legal warning to a judicial officer to suspend a proceeding until the opposition
has a hearing.
Book:
4A (1820-1850) Court of the Ordinary
Term 1843
Page: 213 not transcribed
Page: 214 transcribed
CAVEATORS:
…..And that the said Will and Testament was made at the suggestion and the
sole direction of, Hannah Allan, the wife and relict of said testator and
her own children by their undue influence over the testator unsound mind at
the time.
Fifthly – That said will and
testament is altogether informal and that the same is not under seal and was
not subscribed by the testator or by his direction and is not in his hand
writing.
Upon
the forgoing grounds as stated, your caveators the heirs and distribution
as aforesaid pray a rule against the Executor and Executrix of the said, James
Allan, deceased to show cause at the next term of your honorable court why
the said will and testament should not be set aside and rendered null and
void and be delivered to said court to be cancelled and revoked.
M. Walker
Charles Dougherty
Atty. for Caveators
In
learning of the above Caveat it is ordered by the court that Hannah Allan,
Executrix and William T. Allan, Executor of the last Will and Testament of
James Allan deceased show cause at the next term of the court on the fourth
Monday in February next why the Will and Testament of James Allan deceased
should not be revoked, annulled, cancelled, set aside upon the grounds above
stated. And that copies of these said
caveators and the rule be served upon the said Executor and Executrix by the
Sheriff twenty days before the next term of the court.
The
Court adjourned until the fourth Monday in February next.
John
B. Word, J. I. C.
A.
Parham, J. I. C.
Joseph Prince, J. I. C.
____________________________________________________________________________________________________________
Book:
4A (1820-1850) Heirs
of James Allan vs. Executor and Executrix of Will
Page: 215
Rule
for Caveat Monday, February 27th 1843.
Upon
hearing of the written Rule it is ordered by the Court that the rule be discharged
and that the Caveators pay the cost and that the will be considered solemnly
proven and recorded.
John R. Stanford &
Underwood & Wyly
Attys. for Executor and Executrix
The
Court then adjourned according to law.
John B. Word, J. I. C. A.
Parham, J. I. C.
Joseph
Prince, J. I. C
____________________________________________________________________________________________________________
Book:
4A (1820-1850) Rule
for Caveat Page:
216
David
Allan et al. heirs
of James
Allan deceased
vs. William T.
Allan, Executor &
Hannah Allan, Executrix of
said deceased
The
above rule having been discharged at the Caveators cost, Madison Strickland
one of the Caveators and demands an appeal to the Superior Court, pays the
cost and brings Charles B. Word with him and tenders him as security and the
said Madison Strickland and Charles B. Word acknowledge themselves bound unto
the Defendants for the eventual condemnation money.
Witness
whereof we have hereunto set our hand and seals the 28th February
1843. Madison Strickland
Charles B. Word
____________________________________________________________________________________________________________
Book:
4A (1820-1850) Minutes
of the Court of Ordinary March Term 1845 Page:
262
The
return and account current of William T. Allan administrator of James Allan
ordered to be recorded after the May term next except vouchers Numbers: 2,
3, 5, 12, 21, 22, 26, 32, 34, 35, 43, 46, which are not to be recorded until
further order of the Court.
The
Court adjourned according to law. Thomas
M. Rea, J. I. C.
James Griggs, J. I. C.
James
Cochran, J. I. C.
____________________________________________________________________________________________________________
Melba J. Jones, 2008