Last Will and Testament
of William Terrell Allan
(In original document
surname spelled Allan)
Will
Signed: 22 March 1845 * Subscribed: 05 May 1845
Recorded:
05 May 1845
Book:
4A (1820-1850) Habersham Co., Ga. Ordinary Minutes and Wills
Pages:
263, 264, 265, 266
Habersham County, Georgia. I, William T. Allan of said State and County
in the name of God Amen have thought proper on this day to make this my last
will and testament never having made any other.
Item
First I desire and direct that after my death, my body be buried in
a manner suitable to my circumstances and condition this however I hope and
believe will be properly attended to by Executors and the family to which
I am attached by the nearest ties of Kindred.
Item
Second I give and devise to my mother Hannah Allan all my interest,
right, and title to of or in anywise appertaining or belonging to all that
tract or parcel of land upon which she now resides it being the same on which
my father James Allan late of said State and County did last reside the said
lot of land lies in the Counties of Habersham and Hall on the waters of the
Hudson River and contains two hundred and two and a half acres. This I give to my mother for and during her
natural life, then to be disposed of as I shall herein after direct. In like manner I give and devise unto my mother
Hannah Allan all that tract or parcel of land lying in Hall County, known
as the mill tract having thereon a gristmill and lying on the waters of the
Hudson River adjoining Terrell and the tract above described. I also give and bequeath my mother my Negro
man, Ike, for and during her natural
life and after her death to be disposed of as I shall hereafter direct. I will and devise to my mother Hannah Allan
all of my farming tools of every kind, all my carpenters tools, all my Blacksmith
and Shoemaking tools in fact all my tools of every kind with all my iron and
steel wagons, carts and vehicles of all kinds that may be found on the plantation
or elsewhere. Also, all my household
and kitchen furniture of every description, such as beds and furniture, tables,
clock, trunks, spoons, knives, forks, plates, pans, dishes, jugs, jars, pitchers,
pots, ovens, in fine, all the furniture belonging to the household and kitchen,
as if every article was particular owned. Together with all my cattle of every kind,
such as horses, mules, hogs, sheep, cows and calves, work oxen, dry cattle
and only such as I shall hereinafter except.
I further give to my mother Hannah Allan all my sweet corn and grains
of all kind. I further will and devise
to my mother Hannah Allan my two old Negro women, Sal, and Phillis to dispose
of as she may think proper.
Item
Third I will and devise to my brother, Thompson Allan, my lower plantation
lying on the Hudson fork of Broad River containing one hundred acres it being
the same on which Aaron Smith lately lived and joins Martin, Brown, Bolin
and others, with all the interest right and title or in any wise appertaining
or belong forever.
Item
Fourth I give and devise to my two brothers Robert Allan and Henry Allan
my farm known as the Crackling Gourd containing two hundred two and a half
acres lying on the waters of the Hudson Fork of Broad River with a threshing
machine thereon with all the rights members and appurtenances to said lot
of land in any wise appertaining being or belonging forever. I also give to the said Robert and Henry all
that tract or parcel of land on which my mother Hannah Allan now resides after
her the said Hannahs death the said lot of land being described in Item Second-
In the same manner as the last I give to the said Robert and Henry the mill
track also described in Item Second, with all the rights members and appurtenances
said lots of land in any wise appertaining or belonging the said lots of land
after the death of my mother, Hannah Allan, or if she sees proper at any early
period to be divided equally between the said Robert and Henry, if they or
either of them desire it. I further
give to my brother Robert my saddle and bridle together with a good horse
or mare to be selected from my stock of horses by my mother. I also give to devise to Robert my old rifle
gun. I give to my brother Henry my
yearling colt, also my smallest rifle gun.
Item
Fifth - after the death of my mother I give and bequeath to my sister,
Elizabeth I. Allan my Negro man, Ike.
Item
Sixth I further will that neither of my half brothers, David Allan,
Thomas K. Allan, John Allan or my half sister formerly Harriett Allan now
Harriett Strickland nor her husband Madison Strickland shall ever have any
beneficial interest under my will whatever, this Item is therefore to exclude
them entirely.
Item
Seventh I further give and devise to my mother, Hannah Allan, all moneys
notes or accounts or others evidences of debt that I may be possessed except
the note I hold against Thompson Allan which if not paid at my death, to be
null and void.
Item
Eighth I desire the books I have to be divided by my mother among my
three sisters, Sarah, Emily and Elizabeth.
If I possess any property wherever or whatever it may that I have not
herein named I give it to my mother to dispose of at her discretion hoping
she will exercise the power I have places in her hand with discretion.
Item Ninth I constitute and appoint
my three brothers, Thompson Allan, Robert Allan and Henry Allan, executors
to this my last will and testament this 22 March 1845.
Signature: William T. Allan
Signed,
sealed, declared, and published by William T. Allan as his last will and testament
in the presence of the subscribers who subscribed our names hereto in the
presence of said Testator and of each other, this 22 March 1845.
Timothy
Terrell
John
Bond
Simon
H. Terrell
James
A. Terrell
____________________________________________________________________________________________________________
Court
of Ordinary May Term 1845
Habersham
County, Georgia
Personally
came in open Court, John Bond, Simon H. Terrell, and James A. Terrell witnesses
signed to the written will and being duly sworn said that they saw William
T. Allan sign, seal, publish, and declare the written writing to be and contain
this, his last will and testament and that they signed the same in the presence
of the said William T. Allan as witness
and that they considered him the said William T. Allan to be at that time
of sound disposing mind and memory and that he executed the same freely without
confusion as far as they know or believe.
Sworn
to and subscribed in open Court this 5 May 1845.
John
Bond
Simon
H. Terrell
James
A. Terrell
Philip
Martin, D. C. C. O.
Court
of Ordinary May Term 1845
Habersham
County, Georgia
We
do solemnity swear that the annexed and forgoing writing contains the true
last will of the said William T. Allan deceased.
So far as we know or believe and that we will well and truly execute
the same by paying first the debts and then the legacies contained in the
said will so far as his goods and chattels will thereunto extend and the law
charge us and that we will make a true and perfect inventory of all such goods
and chattels. So help us God.
Sworn
and subscribed in open Court this 5 May 1845,
Thompson
Allan Robert
Allan
Philip
Martin, D. C. C. O
Court
of Ordinary May Term 1845
Habersham
County, Georgia
Court
of Ordinary May Term 1845
The
written and annexed last will and testament of William T. Allan having been
duly proven at this term of the Court upon the oaths of John Bond, Simon H.
Terrell, and James A. Terrell as witnesses to said will, ordered by the Court
that the same be admitted to Record and it is further ordered by the Court
that John Bond, Absalom Stevens, Sr., Reuben Jordan, William Gray, and William
Chambers be and they are hereby appointed appraisers on the estate of the
said William R. Allan deceased.
Recorded
5 May 1845
Phillip
Martin, D. C. C.
Melba J. Jones, 2008