Last Will & Testament – Samuel ALLEY


Signed: 18 January 1835
Proved: September Term 1836
Transcribed by: Dennis M. Kowallek, 2002
Source: Sumner County, Tennessee Will Books, Vol 2 1823-1842 — Page 212, FHL Film No. 0467505

In the name of God Amen! I, Samuel Alley Sr of the County of Sumner and the State of Tennessee, being weak in body but of sound and perfect mind and memory, as you may say; thus considering the uncertainty of this mortal life and being of sound mind & blessed by Almighty God for the same, do make and publish this my last Will and Testament in manner and form following, that is to say. 1st, I give and bequeath my soul to God who gave it to me. Secondly: Also it is my wish and desire that all my slaves be equally divided among my children it is also my desire that my children (viz) Benjamin Alley, Peter Alley, Thomas Alley, Willis Alley, and Molly Kirkham, Lucy Hodges, and Dicy Alley should value my slaves and make an equal division among themselves if they can agree, and if they cannot agree I wish for them to choose three disinterested men to value them the said slaves ~ let my children draw for them, and that they shall be made equal one to the other out of the proceeds of my estate, if there be enough after all my debts and funeral expenses are paid, and if there is not enough, it is my wish and desire that my children shall each give bond with good County security to the other to make them all equal. And after my death it is my wish and desire that all the rest of my estate both real and personal be sold on a credit of twelve months, and when the money becomes due and collected, I wish my debts and funeral expenses to be paid, if any and balance of my estate to be equally divided among my children (viz) Benjamin Alley, Peter Alley, Thomas Alley, Willis Alley, and Mollie Kirkham, Lucy Hodges and Dicy Alley. And it is my wish and desire that my grand-daughter Polly Fowler get fifty Dollars out of my estate. It is my wish and desire that my Grand children of my son Samuel Alley dec’d by his first and second wife get an equal portion all alike of my daughter-in-law Alley of his portion of my estate, and as to my son Joseph Alley, I do not allow him or his heirs any part of my estate, as I think I have given him a full share of my estate and more than any other one of my children. I give and bequeath to my children all of the above Estate as for and in consideration of the love and affection I hear for them. Lastly: I further express my desire and appoint Joseph McGlothlin Jg and Thomas Hamblin my soul Executors to Carry into effect my wishes as above mentioned; in witness whereof, I have hereunto set my hand and seal this 18th day of January, One Thousand Eight Hundred and Thirty Five

Samuel Alley

Signed sealed published and declared by the above mentioned Samuel Alley Sr. to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses and [doing?] away all former Wills.

Matthew (his X mark) Perdue
Theophilus (his X mark) Webb

State of Tennessee
Sumner County, September Term 1836

The last will and testament of Samuel Alley was produced in Court for probate and was proved by the oath of Theophilus Webb, one of the subscribing witnesses thereto and is ordered to be recorded and there upon Joseph McGlothlin and Thomas Hamblin \ the Executors therein named appeared in Court and with John Groves and John Mattocks their securities entered into and acknowledged their bond of twenty five hundred dollars conditioned as the law directs and thereupon the said Joseph McGlothlin and Thomas Hamblin took the oath of Executor prescribed by Law.

Thos. Donoho Clk of Sumner County Court

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