Will of Thomas Allin, Mercer County, Kentucky

Major Thomas Allin was born May 14, 1757, in Hanover County, Virginia, the son of William Allin and Frances Grant.  After serving in the Revolutionary War, Thomas Allin moved to Kentucky.  When Mercer County was created in 1786 he became the first county clerk and first circuit court clerk.  Married to Mary Jouett, of Albemarle County, Virginia, the couple raised ten children:  Nancy Harris, William H., John Jouett, Thomas, Jr., Charles W., Mary Jouett, Grant, Philip Trapnell, Samuel Woodson and Benjamin Casey Allin.

Major Thomas Allin died June 26, 1833, during the cholera epidemic.  His wife died two days later.  They are buried in  Spring Hill Cemetery in Harrodsburg.

Will Book 9, page 498.  Date, May 5, 1830

Probated, August County Court, 1833, Mercer County, Kentucky

In the  name of God, Amen.  I, Thomas Allin, of Mercer County, Kentucky, do make this my last will and testament as followeth: to wit:  I do hereby revoke all former wills by me heretofore made as entirely as if such wills had never been made.  I give and bequeath to my wife, Mary, all the estate of which I die possessed, except such as I shall specifically bequeath, to be by her used and enjoyed during her natural life, and then to go and be disposed of as hereinafter directed, except such part as shall be sold by my executors for the payment of any and every debt I may owe or be legally or equitable liable to pay.  I give and bequeath to my son, Benjamin C. Allin, the tract of land on Salt River on which I now live, containing about 200 acres with all and every of its appurtenances, also one other tract of about 45 acres, which I purchased of Garret Terhune, deceased, and which was conveyed to me by Henry Vandiver, the whole of which being 50 acres, 5 acres of which I have sold to Rube Terhune, and on which he now resides; also one other tract adjoining the last above on the West and adjoining Tewny’s land on the North, to be by said Benjamin held and enjoyed both by him, his heirs, etc., forever, the full possession of which said three tracts of land he is not to have possession during the lifetime of his mother – and further I give and bequeath to my son Benjamin the two following negroes, to wit:  Louisa, and John Black.  I give and bequeath to my son, Grant Allin, a tract of one thousand acres of land on Blackford’s Creek near the Ohio River, patented in my own name, but I expect it will be found to contain  much more; the whole of the tract, however, I give to him, be the same more or less.  I give and bequeath to my grandson, Tillman A. Dixon, son of Don C. Dixon and my daughter Polly, now deceased, two tracts of land in Muhlenberg County, patented in my own name, and containing about 200 acres each.  I give and bequeath to my son, Thomas Allin, Jr., the tract of land containing 75 acres lying West of the lot of land on which Cornelius Vanarsdall now lives, on which George B. Thompson had a tanyard, one acre of which I have sold to Dixon Robins; the balance I give and bequeath to my said son Thomas, to him and his heirs forever.  I also give him one negro boy, Isaac, son of John and Rachel.  I give and bequeath to my son, Phil T. Allin, the tract of land containing 50 acres, lying West of the dower land of the widow McClure, now deceased, and all my interest in said dower land, for which said dower land a suit is now pending in the Mercer Circuit Court, to him the said Phil T. Allin, his heirs, etc., forever.  And now after the above bequeaths and the many advances already heretofore made by me to my children in land, negroes, money and other estate, it is my will further that at my death the foregoing legacies be by my executors paid over to my legatees except the land given to my son Benjamin, which are not to be paid over or in anywise go to his use during the life of my wife, nor is the bequest herein made to my grandson, Tillman A. Dixon, to be paid over to him or be put into the power or control of him or any guardian that may be made, chosen or appointed for him, until he arrives at the age of 21 years, or gets married; but it is my will that said Tillman be educated and supported by my executors, free from any charge against him, out of my estate until he shall arrive at the age of 21 (twenty-one years) or gets married.

It is further my will that at the death of my wife that all the estate of mine that remain not devised or otherwise not used under this my will shall be sold by my executors at such credits as they may think best to give and the proceeds thereof to be equally divided among all my children and my grandson, Tillman A. Dixon, giving each an equal share thereof, with this exception however, that until each of their dividends shall amount to $200.00, one-ninth part is to be added to my daughter Nancy’s share and my son William not to receive any until each share shall amount to $200.00, and then my daughter Nancy’s share shall amount to $400.00, and after that should there be further dividends, my son William is to receive an equal share thereof with the rest of my legatees, this seeming partiality is not for want of sincere parental affection for my son William, nor for a greater fondness for my daughter Nancy, but that Nancy from her infancy has been of uncommon feeble health, and on my son William I have expended much larger sums for his education than for any of my children, and during his minority, his time was spent in getting his education and his other brothers and sisters in their minority were toiling with me for his and their support.  It is further my will that my executors, with the consent of my wife, at any time, if need be thereof shall appear to them, either for the support of the family or the payment of my debts, sell for the best price they can get, either at public or private sale, such part of my estate as they think most advisable.  It is also my will that my executors, or either of them, shall make conveyance of any lands I may have sold or for which I otherwise have become liable to convey or for any land it may be necessary to convey under any sale that may be made under this my last will.  Lastly, I appoint my three sons, John J. Allin, Philip T. Allin and Benjamin C. Allin, executors of this my last will and testament.

                                                                                 Thomas Allin

Codicil to my foregoing will made July 13, 1830.  It is further my will that my son Benjamin C. Allin shall continue to live with his mother during her life (so long as she and him shall both agree to do so) and mange the affairs of the farm, stock, etc., and after supporting her and the family and himself, and his family, from the proceeds of the plantation and divide the net profits equally with his mother, her proportions thereof to be by her disposed of in any way she may choose.  It is further my will that after the death of my wife, the moiety of the mills and distillery, which I hold in partnership with my son John J. Allin, shall go to him and his heirs forever.

It is further my will that after my decease and that of my wife, no demand shall be made by my executors for any arrearages that may be supposed to be due me from my son John J. Allin, touching our mills and distillery, nor any demands made on my son Philip T. Allin, for any arrearages that may be supposed to be due me touching our agreement, concerning the office, further than they themselves shall voluntarily acknowledge and agree to pay.  And it is further my will that if any of my legatees shall in any way or manner, set up any kind of claim whatever for any further estate of mine, by debt, gift, promise or otherwise than what is given them under this will and codicil, such legatee so claiming shall recover nothing under this my will and codicil, but shall rely upon such other claim for his, her or their proportion of my estate and such bequests as has ben made to such legatee, shall be equally divided by my executors between the rest of my legatees, who shall agree to take agreeably to my foregoing will and codicil.  It is also my will that all the stocks of cattle, hogs and sheep that shall be left or raised on the farm, whether my wife or my son Benjamin, are to be killed and used alike for the use and support of both families and the horses of each are alike to be worked or rode as though they were all one entire estate.

                                                                                                 Thomas Allin

I have advanced to my children as followeth, in addition to what is expressed in my foregoing will, viz:  to my son William about $180.00; to my son John J. Allin about $150.00, to Charles W. Allin about $140.00, to Grant about $400.00, to Samuel Woodson Allin, a negro woman, Nutty, worth $400.00.  These sums were to be repaid, but should they not, they are to stand as so much advanced their legacies.  My son Thomas Allin was to pay me one-third of the amount of profits of his office since my resignation and any deficiency is to be considered as so much advanced to him.  My son Phil was to pay me one half the profits of his office and so much as he shall fail to pay thereof, is to be considered as advanced to him.  November 10, 1832.

                                                            Thomas Allin

Mercer County, August County Court, 1833

The foregoing last will and testament of Thomas Allin, deceased, together with the codicil thereto was this day produced into Court and the whole body of said will and codicil, together with the signatures thereto, was proven to be in the handwriting of said decendent by the oaths of Samuel Daviess and Joseph Haskins, Esqrs., and ordered to be recorded, which is here done.

                               Attest:  Thomas Allin, C. C. (son)

I, W. W. Stephenson, a Notary Public, in and for Mercer County, State of Kentucky, do hereby certify that the foregoing is a true and correct copy of the will and codicil of Thomas Allin, deceased, as recorded in Will Book 9, page 498 to 501 of the Mercer County Clerk’s Office.

                                 Signed.  W. W. Stephenson, Notary Public

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