Below is the Last Will & Testament of Robert Allen, planter, of Copiah County, Mississippi:
State of Mississippi
County of Copiah
I, Robert Allen, of the aforementioned state & county,
considering the uncertainty of this mortal life, do make and publish this, my
last will and testament.
Firstly, I assign my soul into the care of Almighty God,
hoping that my general conduct through this life has been such as will meet his
divine approbation, and secondly I direct that my body be decently interred,
and that my funeral be conducted in a manner corresponding with my estate and
situation in life and to such worldly estate as it hath pleased God to entrust
me with, I dispose of the same as follows:
First, to my beloved wife Susan I give and bequeath the
following negroes, viz: Sally, Charles, Abe, Jenny and Joicy.
2nd To my daughter Susan I give and bequeath the following
negroes, viz: Jack, Billy, Candis,
Richard, Charlotte and Henry.
3rd To my daughter Dicy I give and bequeath the following
negroes, viz: Tom, Martha, Edward,
Louis, Clara and Lenore.
4th To my son William I give and bequeath the following
negroes, viz: Sampson, Manning, Green,
Hannah, John and Mary.
5th To my son Stephen J. I give and bequeath the
following negroes, viz: Major, Sarah,
Pemilia, Wilson and Darcas.
6th To my son Washington I give and bequeath the
following negroes, viz: Malinda, Reubin,
Louisa, Peter, Smart and Emeline Jun[ior].
7th To my son Robert K. I give and bequeath the
following negroes, viz: Darcy, Emeline Sen.,
Jenkins, Polly, Daniel and Dennis.
8th To my daughter Martha Eugenia I give and
bequeath the following negroes, viz:
Lizzy, Frank, Dave Jun[ior], Sam, Eliza and Hardy.
9th It is my will that all of the negroes be kept
together and worked upon the plantation
upon which I now reside until my son Robert K. attains the age of 16 years with
the following objections, as my children marries or obtains the age of twenty
one years, my will is that they receive the negroes given them and that a fair
valuation or appraisement be made by three judicious neighbors chosen by my
Executrix of the negroes at the time of their delivery, and that the valuation
thereof be kept by my Executrix until a final division.
10th The
negroes given to my dear wife I wish to be valued also by three judicious
neighbors when she receives them which may be as soon as practicable after my
dissolution and their valuation to be kept an account of.
11th There
are two negroes Dave Sen[ior] and Eliza Sen[ior] that I wish to remain on the
plantation until a final division and then sold and their value equally divided
between my dear wife and children.
12th The land on which
I now reside together with all the stock, household furniture and farming
utensils I want to remain unsold until my son Robert K. attains the age of
sixteen years and then I wish the whole [sold] and the proceeds thereof divided
between my dear wife and children.
As to my horses my will is that my dear wife has choice of
any horse on the place and as each one of my children marries or attains the
age of sixteen years, I wish them to have a horse with seventy dollars and a
bridle and saddle.
13th My real estate in
Franklin County will be managed and disposed of in the same way in which I
directed the land on which I now reside.
14th It is my request
that should there arise any surplus from the labor of the negroes after all the
necessary expences, both of the plantation and family are paid, that such
surplus be used to the best interest of my heirs and that each one of my
children is entitled to an equal share of said proffits up to the time of his
or her receiving his or her share of the personal property and no longer.
15th My will is that
the portions of my three daughters be subject to them and the heirs of their
body forever.
16th The share given to
my beloved wife is to be lien of her dower at common law, if she shall so
elect, and to be subject to her use and control until her death, after her
death my will is that her part be equally divided between my several children.
17th I have in my
possession seventy dollars that was given to my daughter Dicy by her
grandmother, Dicy Calcote, which I wish to be given to her whenever she demands
it.
18th That this, my Last
Will and Testament may be fully understood I sum it up in few words, it is my
full desire and wish that at the final division of estate both real and
personal, that my beloved wife and several children receive share and share
alike, that those whose lot of negroes are least valuable by appraisement that
on a final division such deficiency be made up, and said division is to take
place when my son Robert K. attains the age of sixteen years.
And I further will that three impartial neighbors mutually
chosen by my dear wife and several children, make a final division agreeable to
this my last will and testament between my dear wife and children.
19th My will is and I
do entrust the guardianship and tuition of my dear children during their minority
to my beloved wife so long as she shall continue to be sole; and in case of her
death or marriage during the minority of any of my children, then I will and
appoint that my much esteemed and loving friends, George Ellis & Lott W.
Ellis shall have the tuition and guardianship of them, during such their
minority, and in case of refusal, renunciation or decease, I will that my much
esteemed and loving friends shall exercise said guardianship, and I earnestly
entrust their utmost care, respectively in and about the morals and education
of my children.
20th That this my last will and testament may be faithfully
executed, I do hereby make and ordain my beloved wife executrix of the same so
long as she continue to be sole; and in case of her death or marriage, then I
make and ordain my esteemed friends George Ellis & Lott W. Ellis Executors
of the same and in case of a refusal, renunciation or death, then I make and
constitute my esteemed [left blank] of the same.
In Witness Whereof, I, Robert Allen, testator, have to this
my will, written on two sheets of paper, set my hand and seal, this thirtieth
day of December, in the year of our Lord, Eighteen hundred and forty-two.
Robert Allen { seal }
Signed, sealed and delivered in the presence of us, who have
subscribed in the presence of each other.
J.F. Kelly
Thos. R. Daniel
John L. Stubbs
Ira L. Manning
Moody Stackhouse
R. Johnson
The State of Mississippi
Copiah County
Probate Court, April Term A.D. 1843
Personally appeared in open court Rowland Johnson, Moody
Stackhouse and John L. Stubbs, three of the subscribing witnesses to the last
will and testament of Robert Allen, deceased, the two first named Rowland
Johnson and Moody Stackhouse, who after being duly sworn deposeth and says that
they heard the said Robert Allen declare the same to be his last will and
testament, and that he acknowledged the signing of the same, to be his and done
in his proper mind, and that they saw him seal and deliver the said will, and
they signed their names to the same as witnesses in the presence of the
testator and in the presence of each other, the other named witness John L.
Stubbs after being duly sworn deposeth and says that he saw the within named
Robert Allen sign, seal and deliver the said will, and acknowledge it is to be
his last will and testament, and that he signed his name thereto as witness in the presence of the testator
and in the presence of the three first names witnesses. Sworn to and subscribed in open court this 17th
day of April A.D. 1843
W.W. Cook, Clerk
R. Johnson
Moody Stackhouse
John L. Stubbs
The State of Mississippi
Copiah County
In Probate Court, April Term 1843
You do swear that the within will is the last will and
testament of Robert Allen, deceased, and that you will and truly perform the
same by paying first his debts and then the legacies contained in said last will
and testament as far as the said goods chattels and credits of said deceased
will extend, and the law charge you, and that you will make a true and perfect
inventory of all the said goods chattels and credits as also a just and true
account when thereto required, so help you God.
Sworn to in open court this 17th day of April 1843.
Susan “ X “ Allen
her mark
Know all men by these presents that we Susan Allen, John
Stubbs and Daniel Lowe are held and firmly bound unto Stephen H. Johnson Judge
of Probate in and for Copiah County and his successors in office in the final
sum of Forty Thousand dollars of good and lawful money, for the payment of
which is will and truly to be made, We bind ourselves, our heirs, executors and
administrators severally and firmly by these presents sealed with our seals and
dated the 17th day of April 1843. The condition
of the above obligation, is such, that if the said Susan Allen Executrix of the
last will and testament of Robert Allen deceased, do make a true and perfect
inventory of all and singular the goods chattels and credits of said testator,
which have or shall come to the hands, possession of knowledge of her the said
Susan Allen or in the hands and possession of any other person or persons, and
the inventory so made do exhibit unto the Probate Court of Copiah County, when
she shall be thereunto required by the said court, and such goods, chattels
credits and Estate do well and truly dispose of according to law, and
provisions of the said last will and testament by paying first the debts of the
testator, and then the legacies contained in the said will, as far as the
goods, chattels and Estate of the testator will extend and the law require, And
further do make a just and true account of her acts in the premises when
thereunto required by the court, then this obligation to be void, otherwise to
remain in full force and virtue.
Test W.W. Cook
Susan “ X “ Allen
her mark
John Stubbs
Daniel Lowe
(Transcribed by Bradley Jeffreys, 2020)
