ALLEN, NATHANIEL
State of North Carolina
Tyrrell County
Book 4, page 263
Dated 11 November 1805
I Nathaniel Allen of the town of Edenton, State of North Carolina, make and ordain this my Testament and Last Will in manner and form following;
I give and bequeath unto my well beloved daughter, Mary Allen a Negro girl named Patience daughter of Mourning. Also all the rings, jewels, wearing apparel which belonged to her deceased mother, to her and her assigns forever.
I give and bequeath to my sister Hannah Gill of the City of Philadelphia, in the state of Pennsylvania and my sister Mary Davis of the town of Alexanderia, in the Commonwealth of Virginia, Forty Spanish Milled Dollars each to purchase mourning rings or otherwise dispose of as they may think proper.
I give and devise that part of lot # 5 in the new plan of the town of Edenton joining the lots wheron I now dwell and as far as the same is at present under fence with all the improvements thereon to Fanny Coulston her heirs and assigns forever.
I also give and bequeath unto the said Fanny Coulston her heirs and assigns such part of my household and kitchen furniture as my executors hereinafter named, shall judge reasonable and necessary, due regard being paid to the situation of my estate and the interest of her children.
I give and bequeath unto my three natural sons, Francis, Bonaparte, and William begotten on the body of the said Fanny Coulston, all my wearing apparel, including whatever remains or that left to me by my deceased Uncle Joseph Hewes , Esquire, to be equally divided among them share and share alike.
I give and bequeath to my said natural son Francis my Double Barrel Gun and small sword to him and his assigns forever.
I give, devise and bequeath unto my executors hereinafter named and the survivor of survivors of them, their or his heirs and executors all the rest and residue of my estate of what nature or kind soever and wherever to be found to sell and dispose of the same or any and such part of parts thereof as they may judge necessary and proper either at public or private sales with or without notice for ready money or upon credit or in any other manner that they in their discretion may deem most for the benefit and advantage of my said estate and upon the disposal of the same or any part or parcel thereof to make and execute such conveyance or conveyances as may be necessary in law to secure the purchaser or purchasers, his or their heirs and assigns forever in the peaceable and quiet possession and enjoyment thereof; but upon the special trust and confidence that my said executors, the survivor or survivors of them their heirs or his heirs and executors do and shall as soon as they conveniently can after the sale of such part of my estate as may be necessary for that purpose pay and satisfy all my just debts and funeral expenses and to facilitate the settlement of my estate.
I do hereby give to my said executors, the survivor or survivors of them their or his heirs and executors full power and authority from time to time and at all times, to compound, compromise, arbitrate or in any other just and equitable manner finally settle all differences and disputes relating to my said estate, as well with regards to debts due and owing to or from me as to any other part of my estate whether with individuals, bodies corporate or bodies politick, and more especially it is my will and desire that they have full power and authority if they judge advisable to compound and settle the disputes at present subsisting with the heirs and devisees of the late Earl Granville so as to link their claim with my estate or any part thereof and I do hereby give to my said executors every other power over my said estate to act therein as fully and amply as I myself might or could do if I were living, but subject nevertheles to the further special trust and confidence; that after all my just debts and funeral expenses are paid and fully satisfied, my said executors the survivor or survivors of them, their or his heirs and executors do and shall deliver, assign and set over to my aforesaid daughter Mary Allen her heirs and assigns forever one half of the remainder of my said estate and to the said Fanny Coulston and my three natural sons aforesaid the other half of the said remainder, to be to be equally divided among them share and share alike. But if my said daughter Mary dies without lawful issues living at her death, then and in that case it is my will and desire that one half of the property devised and bequeathed to her in this residuary clause of my will shall go to and be delivered, assigned and set over to my aforesaid sister, Hannah Gill in remembrance of her kind attendance and affectionate regard to my said daughter and the other half of the said property so devised and bequeathed to my said daughter to go to and be delivered to, assigned and set over to my three natural sons aforesaid to be equally divided among them share and share alike. And if any of my said three sons die without issue living at his or their death then it is my further will and desire that all the devises and bequeaths herein given to him or them shall go to the survivor or survivors to be equally divided share and share alike and their or his heirs and assigns forever.
Lastly I do hereby nominate, constitute and appoint John Granbery of the Borough of Norfolk, in the commonwealth of Virginia, merchant; John Roulbac of the County of Martin attorney and councellor at Law and Samuel Tredwell of the town of Edenton and County of Chowan Esquire, the executors of this my last will and Testament hereby utterly revoking and making null and void all and every will and Wills and Testament and Testaments by me at anytime or times heretofore made and executed by me and declaring this and no other to be my Testament and Last Will.
In witness wherof I have hereunto subscribed my name and affixed my seal, the eleventh day of November in the year of our Lord One Thousand Eight Hundred and Five and in the Thirtieth year of American Independence.
Before the signing and the execution of the above Will, I do hereby declare it to be my further will and desire that the aforesaid Fanny Caulston shall have the use and labor of my Negro woman named Penny for and during the term of three years after my decease.
As witness my hand and seal the day and year above written.
(Signed) Nathl. E. Allen (Seal)
signed sealed and
delivered in presence of
B. Norfleet
Will Blair
The above and foregoing Will was proved at December Term 1805 by the Oath of William Blair one of the subscribing witnesses thereto at the same time Samuel Tredwell one of the executors therein named appeared and qualified as such.
Test.
(Signed) James Norfleet, Clk
North Carolina
Chowan County
In the Superior Court
I, F. W. Hobbs, Clerk Superior Court, for the above named County and state hereby certify the foregoing to be a true and perfect copy of the last Will and Testament of Nathaniel Allen, deceased as appears of record in this office in Book of Wills “B” pages 253 to 256.
In Testimony whereof I hereunto put my hand and affix the seal of my office (Seal)
This the 16th day of Oct 1911.
(Signed) F. W. Hobbs
Clerk Superior Court
North Carolina
Tyrrell County
The foregoing or annexed instrument together with the certificate of F. W. Hobbs, Clerk of the Superior Court of the County of Chowan, State of North Carolina, thereon appearing his official seal, having been this day exhibited before me for probate the said certificate is adjudged to be in due form and correct and the said instrument is adjudged duly acknowledged, proven and certified. Let the said instrument with probate certificates be recorded and filed.
This the 16th day of Oct. 1911
(signed)W. M. Brickhouse
Clerk Superior Court
Return to the Tyrrell County Probate Records
Updated October 17, 2001
Jean O. Schroeder