Orange County NcArchives Wills.....Allison, John April 25, 1853
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Ben Franklin ben.franklin.ffru@gmail.com May 2024
Source: Loose Will, NC Archives CR 073.801
Written: April 25, 1853
Recorded: Feb 1858
Testator: John Allison
I John Allison of the County of Orange & State of
North Carolina, being of sound & disposing mind
& memory, do hereby make, publish & declare this to
be my last will and testament, in manner &
form as follows to wit --
Item 1st. I give bequeath and devise unto my
daughter Elizabeth P. Allison forty acres of land
to be laid off of the North East part of the tract
of land where on I now reside; beginning on
my East line, where the public road crosses
the Said line & running westward with Said
road, so far as to include at least forty acres,
by running a line thence north to the northern
line of my said land: to have & to hold the said
land together with the improvements & appurtinances
thereunto belonging for, and during her natural
life: And at her death to revert back to my estate
& be disposed of in the same manner as the residue
of my land hereinafter provided for --- I also give
unto my said daughter two Cows & calves, her choice, over & above
a bed & furniture given to her heretofore, also my
clock, one bureau her Choice, one folding table her
Choice.
[below fold, same page]
Item 2nd The residue of my said home tract
of land, not given to my daughter as above named,
I devise & bequeath to my Executor herein after named
in Trust for the sole & separate use & benefit of my five
daughters viz: Jincy, wife of Calvin Clark, Peggy, wife
of David Clark, Nancy, wife of James Clark, Martha
wife of Francis Bell, & Elizabeth Allison, above named
[page 2]
for and during their natural lives ["or until" x-out]
or until all their ["children" x-out] living children arrive to
the age of twenty one years -- Then, the said land to
be sold, and the money arising therefrom to be
equally divided between & among, all the grand
children, the children of my said daughters, bear=
ing my name -- I direct my executor herein
after named to rent out the said land to the
best advantage, and out of the proceeds to keep
the improvements in good repair, and divide
the remainder equally among my said
daughters, taking their receipts for the same, but
should it not be convenient for either of my
said daughters to receive her share annually
then I desire that my executor shall keep the share
or shares of such daughter, or daughters at
interest until it shall be called for -- should
any of my said daughters be dead when
such division takes place, leaving a child or
children then such child or children, to stand
in the place of, & represent the deceased parent--
but should any of my said daughters die leaving
no child her surviving then the share of said deceased
daughter to be equally divided among [second "among" x-out]
her surviving sisters and the surviving children
of deceased sisters
[Next section lined-out]
Item 3rd I give and bequeath to Elizabeth Stewart
a bed & furniture
[end of lined-out section, see second Codicil]
Item 4th All the rest & residue of my
estate both real & personal, I direct to be
[page 3]
sold by my Executor, & the proceeds arising
therefrom, together with all debts due me, to
be equally divided among my said five
daughters or their children as above [??? x-out]
directed after all my Just debts are paid
Lastly I nominate constitute & appoint
My nephew Elisha G. Gray ---- my Executor to this
my last will & testament -- hereby revoking
all other wills & testaments by me heretofore
made
In testimony whereof I have hereunto set
my hand & affixed my seal this 25th day
of April AD 1853
} his
Signed, sealed, published & declared } John (X) Allison (seal)
by the said Testator to be his last }
will & testament, in presence of }
us who have subscribed our names }
as witnesses at the request of the }
Testator & in his presence & in the }
presence of each other }
Wm L Willis
Robert E. Horner [Hammer?]
Codicil
I, John Allison having made & published
the foregoing as my last will & testament
bearing date the 25th day of April 1853 - do
hereby publish & declare the following as a
codicil to my said will towit that my
son Joseph Allison if he be alive or has
any lawfull issue shall be entitled to the
share & receive in the same manner as my
daughters Jincy Clark, Peggy Clark, Nancy
Clark & Martha Bell --- And I do hereby re=
publish and confirm the foregoing ["is" x-out] to be my
last will & testament & desire this Codicil to be
taken as a part of said will - In testimony
whereof I have hereunto ["affix" x-out] set my hand
& affixed my seal this 28th day of January 1854
} his
in the presence of us } John X Allison seal
W. L. Willis } mark
Robert E Harmor }
Codicil
I John Allison having made ["my" x-out] and published the
foregoing as my last will and testament bearing date
the 25th of April 1853 do hereby publish and declare the
following as a codicil to my said will (to wit) that
the third Item in my will I have caused to be erased and
do hereby revoke and direct my Executor to dispose of that
property as withe my other property And I do hereby republish
and confirm the foregoing to be my last will and testament
and desire this codicil to be taken as a part of said
will In testimony whereof I have here unto set my
hand and affixed my seal this 24th day of July 1856
in presence of us John Allison (seal)
Robert McMenamy
J D gray
Additional Comments:
Did not find a copy of this will in any will book.
Recorded Feb 1858
Estate papers comprise eight pages and are found in a folder labeled "Allison, John (1858)". William W. Allison was appointed Administrator 28 May 1858. Some transcribed below
[Estate Papers - Ad for Caveat of Will Feb 1858]
STATE OF NORTH CAROLINA
Orange County
Court of Pleas and Quarter Sessions,
February Term, 1858.
John D. Gray and wife Elizabeth
vs.
David Clark and wife Peggy, Calvin Clark and wife
Jincy, James Clark and wife Nancy, Francis Bell
and wife Martha
Caveat of Will
It appears to the satisfaction of the Court that
David Clark and wife Peggy, Calvin Clark and wife
Jincy, James Clark and wife Nancy, Francis Bell and
wife Martha, heirs at law and next of kin to John Al-
lison, deceased, reside beyond the limits of this State;
It is therefore ordered by the Court, that publication be
make in Hillsborough Recorder for six weeks, noti-
fying the said defendant to appear at the next term of
this Court, to be held for the county of Orange, at the
court house in Hillsborough, on the fourth Monday of
May next, then and there to see proceedings in this
cause, and to make themselves parties to the said issue
if they shall think proper to do so.
Witness, George Laws, Clerk of our said Court, at
office in Hillsborough, the fourth Monday of February,
A.D. 1858
Geo. Laws, CCCC