Wednesday, April 8, 2020


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)

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