Wednesday, January 14, 2015
George S. Allen, Last Will and Testament, 1853
This is a transcript of the will of George S. Allen, on file at Metropolitan Archives of Nashville and Davidson County, Tennessee. The transcript was prepared from the clerk’s copy in WB 16:204-06. The original will was then used for comparison and authentication. The only notable differences was in the signatures of the witnesses and the way in which the clerk interpreted them when he transcribed the will to the will book. (See below)
Davidson County, Tennessee
Will Book 16, pages 204‑206
George S. Allen Deceased Will Recorded Decr 22, 1853.
I George S Allen being of sound mind and memory do make and publish this my last Will and Testament hereby revoking and making null and void all former Wills and Testaments by me made. First, I direct that my funeral expenses and all my debts be paid as soon after my death as possible, out of the first moneys that may come into the hands of my executors. Secondly, I give and bequeath to my wife Pharaby Allen the premises, on which I now live including all the cleared land in said place, full access to and the liberty of using the timber on the timbered land adjoining the same which property and premises she is to have for and during her natural life. I also give to my said wife all my household and kitchen furniture exclusive of my rifle gun also two horses to be by her chosen out of my stock, also two ploughs and two pair of gears, and two sows and pigs or shotes as the case may be, also two cows and calves, all of which she is to choose for herself, also my cart and yoke of oxen with the yoke, also all my fowls, the before mentioned personal property I give to my said wife Pharaba Allen during her natural life and afterwards to be disposed of as hereafter directed. For the support of my said wife for one year after my death I give her the following allowance to be paid in to her by my executors as soon as possible after my death to wit, one thousand pounds of pork or its equivalent in bacon, fifty barrels of corn, one hundred pounds of sugar fifty pounds of coffee one hundred dollars in cash, I also give to my wife Pharaba Allen during her natural life my negro boy Dick, and also my ferry boat. Thirdly, I give and bequeath to my son, Washington all the entire bodies of land on which I now life and all the adjoining tracts thereto comprising several different tracts of different sizes given to my wife and in no wise to disturb her in the enjoyments of what is above given to her in said premises during her life, I do hereby except one piece of land of eighty four acres of school land taken rep by me lying west of where I now live and embracing a portion of the second and third hollows below me. I also give to my son the said G. W. Allen my rifle gun, also one horse colt of my mare Sely the said. G. W. whether he has a guardian or not is to have access to the timber in the above land as he may think proper after my death, so as not to conflict with his mothers rights. Fourthly, I give to my son Felix A Allen in trust and as trustee for my daughter Polley Hooper, one hundred and fifty dollars in cash to be her exclusive property free from the control or use of either her husband or creditors which money is to be paid by my executor Felix A Allen into the same hands of the said Polley Hooper on her personal application to him as soon as the moneys in his hands will admit of it. I also hereby direct that all I hereafter leave to her or may fall to her to be in trust in the hands of the said F A Allen as above directed. Fifthly, I give to my son Felix A Allen in trust and as trustee for my daughter Elizabeth Gower three hundred and fifty dollars in cash to be her exclusive property free from the control or use of either her husband or creditors which money is to be paid by my executor Felix A Allen into the hands of the said Elizabeth Gower on her personal application to him as soon as the moneys in his hand will admit, I also direct that all I hereafter leave to her or may fall to her to be in trust in the hands of said F A Allen as above directed. Sixthly, I give to my son Felix A Allen in trust and as trustee for my daughter Anna Hows four hundred dollars in cash to be her exclusive property free from the control or use of either her husband or creditors, which money to be paid by my executor F A Allen into the hands of the said Anna Hows on her personal application to him, as soon as the money in his hands will admit of it, I also hereby direct that all I hereafter leave to her or may fall to her to be in trust in the hands of said FA Allen as above directed. Seventhly, I give to the said F A Allen in trust and as trustee for my daughter Thurza Work and for no other purpose two tracts of land in the forks of Pond Creek being the same on which J N. Gower now lives, said tracts of land are through said trustee given to said Thurza Work as her sole and exclusive property and in no case to be subject to the debts of her husband, Said Thurza Work has a right to sell or convey said land at any time she shall think proper, and said F A Allen is required on application by said Thurza Work to guarantee and assign his title as trustee for her, I also hereby direct that all I hereafter leave to her or may fall to her to be in trust in the hands of F A Allen as above directed, Eighthly, I have given to my son James R. Allen and E C Allen my two tracts of land one of which I bought of Arnold Russell and the other being a one hundred acre tract on the hills each of which have deeds which will show explicitly each ones portion and division in said lands, I also give to them eighty four acres lying between Doziers and William Sheltons, which land was granted to me by the State of Tennessee, Ninthly, I have already given to my son Barnabas M Allen a negro boy named Hew as his part of the first division of my will for which I have his receipt, Tenthly, I have already given to my sons F A Allen and A M Allen a tract of land on the north side of Cumberland River for which they have deeds and have given their notes. A M Allens note three hundred dollars and F A Allen three hundred and fifty dollars which is the balance over their parts in the first division of my estate. Eleventhly, I have given Robert H Allen my son Four hundred dollars for which I hold his receipt being in full of his share of the first division of my estate, Twelfth, I direct that my negro boy Aaron be sold and all other property not otherwise expressly dispersed of in this will by my executors or executor as shortly after my death as may be convenient, on a credit of twelve months, the above constitutes the first division of my estate, the following constitutes the second division of my estate that is to say the balance or proceeds of the sales of the property directed to be sold including the money I may die possessed of and what may be due my estate otherwise first satisfying the several gifts in this will be equally divided between my wife Pharaba and all my children except Thurza Work who is to have no more until each of the rest have received one hundred dollars and then she will come in for her preportionable part, The third division constitutes all the property I have given to my wife Pharaba her lifetime to be sold after death by my executors or executor on a credit of twelve months and to be divided between all my children as aforesaid, I hereby nominate and appoint my two sons F A Allen and Elbert C Allen my executors or executor as the case may be both or either of them is my wish to execute this my last Will and Testament, after giving bond and approved security, for the faithful performance of the same, witness my hand and seal, this 23rd day of September 1847.
George S Allen (seal)
W G Shelton.
State of Tennessee Davidson County Court August term 1853
A paper writing purpoting to be the last Will and Testament of George S Allen deceased was produced in open court for probate and proved thus, W G Shelton one of the subscribing witnesses thereto being duly sworn ____ and says that he became such in the presence of said George S Allen deceased and at his request and in the presence of William Shelton and that he verily believes that he was of sound and disposing mind and memory and that William Shelton is now dead. Ordered that said paper writing be admitted to record as such last Will and Testament of the same George S Allen, Decd.
(The witnesses names above are as they are given on the original will. The clerk in his transcription to the will book listed the witnesses in this manner:
William Shelton, Wi Shelton)