Person:John Allen (243)

Probate

FHL film 0386001 Middlesex Probate

File 328: John Allen 1711

"The within written was exhibited before me at Cambridge the 24th Dec 1711. By Benjamin Allen the Execut'r therein nominated as the last Will & Testament of John Allen late of Sudbury [???] for probate, & the three Witnesses thereunto subscribed made oath that they [saw?] ye S'd Testator sign seal & heard him publish the same as his last Will & Testament & that then being of Sound memorie & the same is proved & allowed And the admin'n is Comitted unto the s'd Benj allen, he exhibting an Inventory of the s'd Dec'd Estate according to law. Given under my hand & the seal of the Court of probate for Mid'x."

In ye Name of God amen. The 9th day of August in ye 7th year of her Majesties Reign Anne By ye grace of God of England Scotland france Ireland queen defender of ye faith &c and in ye year of our Lord 1708 I John allen of sudbury in ye county of Middles'x in ye province of ye Massathusits Bay in New england Yeoman Being sick & weak of body but of perfect mind & memory; Thanks be given to God. therefore Calling to mind ye mortality of my body, and Knowing that it is apoynted for all men once to die, doe make & ordain this my last Will & Testament: that is to say principally, & first of all, I give & recommend my soul in to ye hands of God that gave it, & for my body, I com[m]end it to ye Earth to be bur[i]ed in a Christian like & decent manor, at ye descretion of my excuto'r, nothing doubting but at ye generall Ressurection I shall Receive ye same again by ye mighty power of God; & as touching such Worly estate where with God in this life hat blest me with, I give devise & dispose of ye same, in ye ffollowing manor & form.

first I will that all those debts & duties as I do owe in Right or Conscience to any manor of person or persons what so Ever, shall be well & truly contentd & paid, or ordained to be paid in Convenient time after my Decease by my Execut'r hear after named.

Imprimis I give & bequeath to Mary Allen my beloved wife one third part of my movables, to her & her Heirs for Ever as allso one Room in my dwelling house which she shall think best for her Con[veninance?], During her widohood, allowing her a soficiant way upon my land to her sd Room; as also Confirming what I have allredy given her, before mareg as may apear by a Covenent in writing also one third part of ye income of my lands during her widohood as afores'd.

Item I give & bequeath to my son Joseph Allen five pounds to be paid him in Convenient time as he shall stand in need by my Execut'r, after my Decease. as also I give to my two grant Children, marcy allen & Ruth allen ye Eldest Children of my sd son Joseph Allen five pounds apiece to be paid in Covenint Time after my decease by my execut'r.

Item I give & bequeath to my son in law Joseph Dean & Rebeca his wife five shil[i]ng (beside what I have portioned out to her all redy) to be paid by execut'r.

Item I give & bequeath to my son Sam'll allen ye one moity or half part, of ye valiation of my whom stall[?] & movables; as thay ar [?intended?] to be paid by my execut'r; after my other debts & legacies ar paid & decharged.

Item I give to my well well [sic] beloved son Benjamin allen, whom I likewise Constitute, make & ordain my only & sole execut'r of this my last will & Testamen, all & singular my lands, messuages & Tenenants, by him freely to be possessed & Enjoyed. And I Doe hearby utterly Dissalow Revoak & disanull all & every other form or Testament wills & legacies, bequests & execut'rs by me in any waise before This time named, willed & bequeathed, ratifying & Confirming this & no other to be my last will & testament. In Witness whare of I have hear unto set my hand & seal ye day & year above written.

ye words which ar (five pounds aforesd) betweene ye 21 & 22 line was writen before sealing & signing

[signed] John Allen

Sign'd Seal'd Published pronounced & Declared by ye sd John allen as his last Will & Testament in ye presence of us ye Subscribers, Viz. John Rice S, Ephraim Pine[?-probably Rice], James Brown

Inventory of "Estate of mr John Allen Late of Sudbury in ye county of Midd'sx yeoman, who Deceas'd ye first Day of Decem'r: 1711", dated 13 Dec 1711, by John Rice, Benjamin Brown and Francis Fullam.

2 Feb 1711/12, "Whereas your Brother Samuel Allen hath a Certain Legacy, given him by your s'd ffather, in & out of the reall & personal Estate, according to the Valuation thereof, & complaining the Invebntory you have exhibited, is much below the true value of the Lands and the moveable Estate", you are cited to attend 12 Feb to show cause why a new appraisal should not be granted.

Benjamin's answer, that he consulted with Samuel and his mother, and in particular Francis Fullam was Samuel's nominee and he had no stated objections to the others. Further that Samuel sold his interest in the estate on 8 Jan 1711/12 to Peter Jenison of Sudbury for 50 pounds and therefore has no right to ask for a new appraisal.

21 Feb 1711/12 David Haines of Sudbury commissioned to survey a parcel of land. (Mentions that Peter Jenison is attorney for Samuel Allen.) 2 May 1712 reported to be 18 acres, 52 rods. Original inventory listed as 16 acres, allowance made at 5 pounds per acre.

1. ↑ Sudbury, Middlesex, Massachusetts, United States. Vital Records of Sudbury, Massachusetts, to the Year 1850. (Boston, Massachusetts: New England Historic Genealogical Society, 1903)
   295.

   Allen, John, [died] Dec. 1, 1711.

2. ↑ ^2.0 2.1 Allen, George Henry. Phinehas Allen's descendants: Benjamin Jr., Benjamin, John, Walter of Lincoln, Mass., 1745 : and a complete genealogy of the descendants of Benjamin Allen of Ashby, Mass., 1777. (Boston: A Mudge & Son, printers, 1898)
   5.

   John Allen, s/o Walter, d. Sudbury 1 Dec 1711, probably about 80 (his father first in Newbury about 1640, maybe earlier), m. (1) Sarah ---, m. (2) aft 1702 Mary ---. Moved from Newbury to Sudbury about 1662.

3. ↑ ^3.0 3.1 Descendants of Walter Allen of Newbury. The Essex Antiquarian. (1898)
   2:199.

   'John Allen, born about 1631. He was a tailor; and lived in Newbury until 1662, when he removed to Sudbury. He married, first, Sarah -----, who died Jan. 12, 1702; and second, Mary -----, who probably died Aug. 30, 1727. He died in Sudbury Dec. 1, 1711.'