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 Hannah‘s 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

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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

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