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Re: JAMES ALLAN OF ALLANDALE, BANKS CO., GA. (PART I)
Posted by: Melba Jones (ID *****2333) Date: July 23, 2012 at 17:28:50
In Reply to: Re: JAMES ALLAN OF ALLANDALE, BANKS CO., GA. (PART I) by Ellen Winningham of 449

Last Will and Testament

27 Feb. 1843 , Habersham Co., GA., USA

Court of the Ordinary Minutes and Wills

Last Will and Testament

Signed: 26 May 1840

Recorded: 27 February 1843

Book: A (1820 – 1850) Habersham Co., GA.

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 lands 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. 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, right, members, appurtenances, fixtures, mill house, and machines to each and all of them belonging or in anywise 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 what 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.

Signature: James Allan

Signed in presence of us the Twenty Sixth day of May Eighteen Hundred and Forty: William G. Morris, John Bond, H. L. Morris, J.P.

This written Last 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.
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Book: A (1820-1850) Page: 214 (213 not transcribed)

Court of the Ordinary Minutes and Wills

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's unsound mind at the time.

Fifthly – That said Last 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 said Last Will and Testament should not be set aside and rendered null and void and be delivered to said Court to be cancelled and revoked.

Attys. for Caveators:
M. Walker & Charles Dougherty
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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 Last 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.

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Heirs of James Allan vs Executor and Executrix of Will

Rule for Caveat Monday, 27 February 1843

Book: A (1820-1850)

Page: 215

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 consideered solemnly proven and recorded.

John R. Stanfird & 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.

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Rule for Caveator

David Allan et.al. heirs of James Allan deceased vs William T. Allan Executor & Hannah Allan, Executrix

Book: A (1820-1850)

Page: 216

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 28 February 1843.

Madison Strickland

Charles B. Word

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Book : A (1820-1850) Page: 262

Court of the Ordinary Minutes and Wills

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.

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LAST WILL AND TESTAMENT OF WILLIAM TERRELL ALLAN
(First born son of James and Hannah Terrell Allan)

Will Signed: 22 March
1845; Subscribed: 05 May 1845; Recorded: 05 May 1845

Book: A (1820-1850) Habersham Co., Ga. Pages: 263, 264, 265, 266

Court of the Ordinary Minutes and
Wills, 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 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 Phyllis 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 Crackling Gourd containing two hundred and 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 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 the said Hannah‘s death the 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.

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Court of Ordinary May Term 1845

Habersham County, Georgia


We do solemnity swear that the annexed and forgoing writing contains the true Last Will and Testament 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 there unto 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.

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Court of Ordinary May Term 1845

Habersham County, Georgia

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 T. Allan deceased.

Recorded 5 May 1845

Phillip Martin, D. C. C.
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LAST WILL AND TESTAMENT OF

HANNAH TERREL ALLAN

Will Signed: 16 July 1847

Recorded: 01 Nov 1847

Subscribed: 12 Oct 1847

Book: A (1820 - 1850)

Pages: 314,315,316,317,318

I Hannah Terrell Allan of the State and County aforesaid in the name of God Amen this day make and ordain 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 in life, this I believe will be done by my children who are dearer to me than all else on earth.

Item Second: I will and bequeath to my son, Robert Allan, my old Negro woman, Sal, and my Negro woman, Lizzy, and her issue forever.

Item Third: I will and bequeath to my son, Henry Allan, my old Negro woman, Phyllis, and my Negro woman, Mary, and her issue forever.

Item Fourth : It is my desire that my youngest daughters Emily and Elizabeth shall live together with my sons Robert and Henry on the plantation where I now reside. That my Negro woman Eliza shall be kept with them my Executors so long as they may live together on said plantation and afterwards I will and bequeath to my son, Henry Allan, the said Negro, Eliza, with the condition Henry shall pay to my son, Thompson Allan the sum of two hundred dollars otherwise I will and bequeath the said Negro, Eliza, to my son, Thompson Allan. I also will to my son, Thompson, one bed and furniture for the same.

Item Fifth : I will and bequeath to my daughter, Sarah E. Parks, formerly Sarah E. Allan, one cow, and calf to be given to her when my executors think proper. I also will to my daughter, Sarah, my best Sorrell mule. I further will to my daughter, Sarah, an equal share of all my books to be divided among my three daughters, Sarah, Emily, and Elizabeth.

Item Sixth : I will and bequeath to my daughter, Emily C. Allan, one bed and furniture for the same. I also will to my daughter, Emily, a share of all my books to be divided as specified in Item Fifth.

Item Seventh : I will and bequeath to my daughter Elizabeth I. Allan one bed and furniture for the same. I also will to my daughter Elizabeth a share of all my books to be divided as specified in Item Fifth.

Item Eighth : I will and direct that after my death all my stock such as mules, horses, cattle, sheep and hogs, all my farming, blacksmith, and carpenters tools, all my household and kitchen furniture such as my tables, clock spoons, crockery, pots, ovens, and various articles too tedious to mention be kept on the plantation where I now reside for the use and benefit of my children who may live on said plantation as directed in Item Four.

Item Ninth : I constitute and appoint my two sons Robert Allan and Henry Allan Executors to this my Last Will and Testament this 16th day of July 1847.
Signature: Hannah Allan

Signed, sealed, declared, and published by Hannah Allan as her Last Will and Testament in presence of us the subscribers who subscribe our names hereunto in the presence of said testator and in presence of each other this 16th day of July 1847.

John Bond

James A. Terrell

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Court of the Ordinary

November Term 1847

Habersham County, Georgia

Personally before us James Crocker and James Griggs, two Justices of the Inferior Court of said County, John Bond, and James A. Terrell witnesses to the above and forgoing Last Will and Testament. Being duly sworn said that they heard Hannah Allan request and direct Robert Allan to sign her name to the written Last Will and Testament. They saw the said Robert Allan sign the name of the said Hannah Allan according to her request and direction at the time she gave the same and that she, said Hannah Allan, published and declared the same to be her Last Will and Testament. They signed the same in the presence of the said Hannah Allan at her request and in the presence of each other as witnesses. She executed the same freely without confusion so far as they know or believe and that the said Hannah was at the time of signing the same of sound disposing mind and memory.


Sworn to and subscribed before us this

12th day of October 1847

James Crocker, J. I. C.

John Bond

James Griggs, J. I. C

James A. Terrell

Test. Phillip Martin, C. C. O.

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Court of the Ordinary

November Term
1847 Habersham County, Georgia

Before us James Griggs and James Croker two Justices of the Inferior Court of said County, personally came Robert Allan and Henry Allan and being duly and solemnly sworn said on oath that this and above writing contains the true Last Will and Testament of Hannah Allan, deceased. So far as they each know or believe and that they will well and truly execute the same by paying first the debts and then the legacies contained in the said will as far as her goods and chattels will there unto extend and the law charge us and that they will make a true and perfect inventory of all such goods and chattels so help us God.

Sworn to and subscribed before us this 12th day of October 1847.

James Crocker, J. I. C.

Robert Allan

James Griggs, J. I. C.

Henry Allan

Test. Philip Martin, C. C. O.

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Court of the Ordinary

November Term 1847

Habersham County, Georgia

The above and foregoing Last Will and Testament of Hannah Allan deceased, having been duly proven before two Justices of the Inferior Court of said County on the 12th day of October 1847 upon the oaths of John Bond and James A. Terrell witnesses and Robert Allan and Henry Allan Executors of said Last Will and Testament. It is therefore by the Court that the same be admitted to Record at this regular term of the Court and that John Bond, Absalom Stephens, Reuben Jordan, Edwin M. Wynn, and Willaby Bowling are hereby appointed appraisers on the Estate of said deceased.

Recorded : 1st November 1847
Philip Martin C. C. O

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Court of Ordinary

November Term 1847

It appearing to the Court that Elizabeth I. Allan and Emily C. Allan, minors of James Allan deceased have no guardian and that they choose and consent that Thompson Allan be appointed. It is therefore ordered by the Court that the said Thompson Allan is hereby appointed guardian of the said Elizabeth I. Allan and Emily C. Allan upon giving bond and Security and talking the oath prescribed by the law in such cases made and provided.







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