Kent County Delaware Probate Estate Files – John Allee Sr 1771-1776

John Allee’s Will Dated Augst ye 8th 1771 proved the 14th Day of augst 1771 Recorded S fol 98

Jacob Stout Esqr & Silas Snow. apprs. Qualified

Be it Remembered That I John Allee of Duck Creek hundred in the County of Kent upon Delaware being Weak of Body but of sound and disposing mind & memory (blessed be the Lord for it) Do hereby make and ordain this my last Will and Testament in manner following, That is to say, Imprimis, my Will is That my Body may be decently buried at the discretion of my Execrs. herein after named, and that my just debts be paid as soon as Conveniently may be after my Decease. Item my Will is That my Execrs. Do Sell All and Singular My Personal Estate Whatsoever and Wheresoever to be found as soon as may be after my deceas[e] for the best price they can get and therewith immediately to discharge my debts as far as the proceeds will go, The Remainder of my Debts Which Shall then be left unpaid I Order that they be equally paid by my three Sons Abraham, Pet[er] John and ^each of their Heirs out of their part & parts of the Land Which they shall hold o??? of this my Will, and as soon as my debts are so paid that they each pay unto their Brother Presley or his Heirs the sum of fifty pounds a piece as his sh[are] of my Estate.

Item my Will is and I do hereby Order my three sons aforesaid to Wit, Abraham, Peter and John at The End of Eight years next after my decease to pay unto their sister Mary or her Heirs the sum of sixty six pounds Thirteen shillings and four pence each lawfull money of this Government –

Item I Give and devise unto my son Abraham and to his Heirs & Assigns forever A L[ot] of Ground With the Wharf and Storehouse thereon, Beginning at the Creek at ??? corner stone and running from thence up the line that divides my Land from Joseph Hilliards as far and Opposite to a large flourishing Top White Oak ??? take the said Tree into a due West line to the Marsh, thence With the same ??? Creek, and so with the Waters Edge to the place of beginning Containin[g] Three Acres be the Same more or less –

Item All my plantation Situate on the South West Branch of Duck Creek and ??? I bought of the Widow Stoal [Stout?]  I Divide in Manner following Between my Two Sons Abraham and John To begin at the before-mentioned Corner Stone by the Creek side thence up the l[ine?] or Landing Road to the Land and Across the same, thence with the Fence to the Houses and taking in the same, Except a Twelve feet Granary, thence on the same Course ?? the Northwest Corner of the Barn, thence With a one to be Run Parallel with a fen[ce] now Standing between the Barn and the House, and the said line to Continue untill it Intersects the Head line of the Tract. All that part lying Northward of the Said l[ine?] and Eastward of the Said Line, With the Said Granary, I give and devise unto my Said Son Abraham and to his Heirs and Assigns forever And Also Reserving unto him One Room below Stairs in the House with liberty of Cooking Was[hing?] &c in the Kitchen during the Space of One Year and the free Use and Enjoy[ment] of the produce of One half of the Orchard for the Term of Eight Years fr[om] my Decease, With liberty of a free passage to and from his part of the Mi??? thro’ his Brothers Land forever – And All that part lying to the ??? ward of the Said Lane and Westward of the said Line (Excepting the Marsh) and the Lot herein before devised to Abraham I Give and Devise unto my son John and to his Heirs and Assigns for ever With All the Improvements thereon He to pay unto his Brother Abraham at the Expiration of Two Years from My de[cease] the sum of fifty pounds towds Building. and under the Incumbrance, before Me???

And My Will is That All the Marsh belonging to the abovementioned Plantat[ion] be Equally divided between my said Two Sons Abraham and John share and sh[are] alike And the same I Give and Devise unto them and to Each of their Heirs and [assigns] forever – 

Item All my plantation Called Hillyards Adventure I Divide in Manner following (to Wit) To begin the Division Line at a Certain Old Poplar Tree standing in the mouth of a Small Branch called the Gully and on the Easterly side of the Same, to Run from thence fifteen perches East from thence North Six degrees West Across the Tract untill it Intersects the Line of Land Claimed by Charles Ridgley All that part lying Easterly of the said Northerly Line I Give and Devise unto my son Peter and to his Heirs and Assigns for ever

And my Will is that the Remainder of the said Tract or plantation be Equally divided between my Three Sons Abraham Peter & John in Quantity and Quality share and share alike And I Give and devise the Same in Manner aforesaid unto my said three sons Abraham Peter & John and to their Heirs & Assigns for ever.

Item my Will is and I do hereby Order That my Two Sons Abraham & John Pay an equal proportion With their Brother Peter of their Grandmothers thirds out of their shares or parts of Land hereby to them devised –

Also my Will is that my son Abraham take the Care and Oversight of my Daughter Mary and bring her up Clear of Charge –

Item All My Marsh Willed to me by my Father lying on Main Duck Creek and Bombay Hook I Give and Devise unto my three Sons Abraham Peter & John and to their Heirs & Assigns for ever to be Equally divided between them share and share alike –

Lastly my Will is and I do hereby Order that if any or Either of my Children before mentioned to pay my Debts, Neglect or any Ways have their proportion of the Ballance unpaid With their proper Interest at the End of Seven Years so as to endanger or cause the sale of the Land either of the other or both Advanceing the Money so as to Clear it may and Shall imediately take Possession of the Delinquent or Delinquent part or parts and Occupy the Same untill he or they be fully Satisfied both as to Principal and Interest Anything herein before Contained to the Contrary in no Wise notwithstanding –

And I do hereby Constitute and Appoint my Loving Sons Abraham, Peter and John Execrs. of this my last Will and Testament hereby Revokeing and making Void all other Will or Wills by me heretofore made and only allowing this to be my last Will & Testament In Testimony whereof I have hereunto set my Hand and seal this Eighth day of August Anno Dom One Thousand seven hundred and Seventy One. John Allee

Signed Sealed published & Declared by the Testator to be his last Will & Testament in the presence of us Who Subscribed our Names as Witnesses at his Request Immanuel Stout William Cook Thos. Barry

Personally appeared before me Casar Rodney Esquire Register for the Probate of Wills and granting Letters of Administration within the County of Kent on Delaware William Cook and Thomas Parry two of the Subscribing Evidences to the foregoing will of John Allee deceased and being Severally Sworn and Affirmed do declare that they Saw and heard the said John Allee Sign Seal Publish & pro: and Declare the said foregoing Instrument of writing as and for his Last Will and Testament, that at the time of so doing and Saying he was (to the best of their belief) of sound [dis]posing mind and memory, that they Signed their Names thereto as Evidences at his Instance and Request and in his Presence, and at the same time Saw Immanual Stout Sign his name thereto as and other Evidence at the Like Instance and Request and in his presence In Testimony Whereof I have hereunto Set my hand this 14th d[ay] of August Anno Dom. 1771. Casar Rodney Regr

An Inventory of the Goods and Chattles of John Allee of of Kent County upon Delaware Decd as appraised by me the Subscriber the 16th day of August 1771

Negro man Ceasar 20..0..0

Negro woman Meriam & Child 65..0..0

Negro boy prince 50..0..0

dito Called Dan 25..0..0

Negro Girl Rach 35..0..0

Negro Man Adam 65..0..0

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS55-2QKM-1?view=explore : Apr 8, 2026), image 587 of 836; Delaware Public Archives (Dover).

Image Group Number: 104399885

Transcribed 8 Apr 2026 by Nancy Maliwesky