Thomas Moore’s Genealogy Site - Person Sheet
Thomas Moore’s Genealogy Site - Person Sheet
Documentation
On 21 June 1753, a case was in chancery court with Elizabeth Allen Widow of John Allen the Elder, Henry Allen, Thomas Allen and Tamzin Allen Infants by the said Elizabeth their Guardian Complainants against Thomas Allen son and heir at Law of John Allen the Younger, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife, and Thos Dicks and Susanna his wife, Respondents. “Came the said parties by their Attornies & on the Motion of the said Respondts time is given them till the next Court to be held for this County to file their answer to the Bill of the said Complainants”. [Essex County, Virginia, Order Book 19, page 19.]
On 17 October 1753, the Chancery Court of Essex County ruled in the case of Benjamin Allen against Thomas Burk in detinue. The jury found the following: that Erasmus Allen left a will dated 26 January 1719; that Erasmus was possessed of a Negro Mill; that Erasmus Allen to whom the Negro Girl Mill was devised died intestate without issue during the life of his mother, to whom the said Girl Mill was devised for life; that the Slave Voss is the second child the Slave Mill had after the death of Erasmus the testator; that there is a bond from John Allen, the eldest son of Erasmus the testator and eldest brother and heir at law to Erasmus Allen the intestate to Benjamin Allen bearing date 28 February 1742; that John died intestate during the life of Dinah Allen; that there is a writing from Dinah Allen to Benjamin Allen dated 7 November 1750; that Dinah Allen died before the bringing of this suit; that the Slave Voss was in her possession by the permission of the plaintiff [Benjamin Allen] until the time of her death; that Thomas Burk is now in possession of the Slave Voss and keeps him as Guardian to Thomas Allen [here there seems to be some confusion in the recording] the heir of John Allen the intestate. The justices deferred final judgement. [Essex County, Virginia, Order Book 19, pages 278–279.]
On 22 March 1763, Essex County Chancery Court ruled in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, complainants, against Elizabeth Allen, widow, Henry Allen, Thomas Allen, James Allen, and Tamzin Allen defendants. “This Cause Coming on this Day to be heard on the Bill of Answer the Arguments of Counsel on both sides were heard and Mature Consideration being thereupon had It is the opinion of the Court that the Widow has no Title to Dower in the Lands or Slaves that were in Possession of Dinah Allen and that Thomas Allen the heir at Law is Intitled to the said Slaves without Coming to Distribution with the other Children. That the Division of the Estate of John Allen be Established: that the Widow has no Right to any of the rest of the slaves or Personal Estate being Barred by the Marriage Settlement in the Bill mentioned That the younger Children are not Intitled to any of their Father’s Personal Estate, unless they will collate the Estate they Claim under the Marriage Settlement aforesaid. And It is ordered that Thomas Roane, John Upshaw and James Upshaw Gentleman or any two of them Do Settle the Administration Account of the Estate of the said John Allen since the last Settlement, and value the slaves mentiond in the marriage Settlement and their Increase and Report their proceedings to the Court.” [Essex County, Virginia, Order Book 24, page 213.]
On 21 May 1765, the Chancery Court of Essex County issued a decree in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, Complaints, against Elizabeth Allen Widow, Henry Allen, Thomas Allen, James Allen and Tamzin Allen, Defendants. “This day came the parties by their Counsel and two of the auditors appointed having made and returned their report in these words ‘The Estate of John Allen decd is Dr to Elizabeth Allen Widow & Adminstrx[’]” Here follows accounts beginning 18 June 1751, including 0.3.9 paid to “John Hunt for plank to make his Coffin” and 0.5.0 paid to “David Fulkner for digging his Grave”. “‘Negroe mentioned in the Marriage Settlemt Deed Vizt Tom, Ing, Jamey, Violet & Janey. Pursuant to an order of the Worshipful Court of Essex County We have settled Elizabeth Allens Administration account with her deceased Husband’s Estate since the division of his sd Estate made by Gent for that purpose appointed & find a ballance due to the Estate of Fourteen pounds six shillings & eight pence as above & We also have valued the marriage settlement slaves their increase &c. which is as above also. Given under our hands this 15th of August 1763. Thomas Roane John Upshaw.’ The said cause was further heard thereupon on consideration whereof it is Decreed & ordered that the Deft Eliza pay to the Plts in equal proportion to be divided among them the sum of Fourteen pounds six shillings and eight pence upon their giving Bond & security to refund the same if any Debts of the Intestate shall hereafter come agst the Deft Elizabeth and that the parties bear their own Costs. Whereupon the Deft Elizabeth prayed an appeal from every part of this and the Interlocutary Decree except so much thereof as established the former division of the Slaves of John Allen deced and that part which directs the Deft to pay the Fourteen Pounds six shillings and eight pence which is granted her upon giving Bond & Security in the Clerk’s office, which she has accordingly done.” [Essex County, Virginia, Order Book 26, page 121.]
On 16 December 1771, Thomas Allen and Henry Allen of the County of Essex sold land to Thomas Dix of the same. For £75 current money, 190 acres by estimation in Southfarnham Parish on which John Allen the father of Henry had lived, bounded by the lands of Thomas Dix, Benjamin Cosland and William Roane. This land had been sold by James Dicks and Judy his wife to Erasmus Allen, upon whose death the land descended to his brother John Allen, grandfather of the abovenamed Thomas Allen. Signed Thomas Allen, Henry Allen. Witnesses: Joseph Gatewood, Richd Thos Haile, William Gatewood, Richard Ryland, Leonard Burnett. Recorded 17 February 1772. [Essex County, Virginia, Deed Book 30, pages 509–510.]
On 17 October 1753, the Chancery Court of Essex County ruled in the case of Benjamin Allen against Thomas Burk in detinue. The jury found the following: that Erasmus Allen left a will dated 26 January 1719; that Erasmus was possessed of a Negro Mill; that Erasmus Allen to whom the Negro Girl Mill was devised died intestate without issue during the life of his mother, to whom the said Girl Mill was devised for life; that the Slave Voss is the second child the Slave Mill had after the death of Erasmus the testator; that there is a bond from John Allen, the eldest son of Erasmus the testator and eldest brother and heir at law to Erasmus Allen the intestate to Benjamin Allen bearing date 28 February 1742; that John died intestate during the life of Dinah Allen; that there is a writing from Dinah Allen to Benjamin Allen dated 7 November 1750; that Dinah Allen died before the bringing of this suit; that the Slave Voss was in her possession by the permission of the plaintiff [Benjamin Allen] until the time of her death; that Thomas Burk is now in possession of the Slave Voss and keeps him as Guardian to Thomas Allen [here there seems to be some confusion in the recording] the heir of John Allen the intestate. The justices deferred final judgement. [Essex County, Virginia, Order Book 19, pages 278–279.]
On 22 March 1763, Essex County Chancery Court ruled in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, complainants, against Elizabeth Allen, widow, Henry Allen, Thomas Allen, James Allen, and Tamzin Allen defendants. “This Cause Coming on this Day to be heard on the Bill of Answer the Arguments of Counsel on both sides were heard and Mature Consideration being thereupon had It is the opinion of the Court that the Widow has no Title to Dower in the Lands or Slaves that were in Possession of Dinah Allen and that Thomas Allen the heir at Law is Intitled to the said Slaves without Coming to Distribution with the other Children. That the Division of the Estate of John Allen be Established: that the Widow has no Right to any of the rest of the slaves or Personal Estate being Barred by the Marriage Settlement in the Bill mentioned That the younger Children are not Intitled to any of their Father’s Personal Estate, unless they will collate the Estate they Claim under the Marriage Settlement aforesaid. And It is ordered that Thomas Roane, John Upshaw and James Upshaw Gentleman or any two of them Do Settle the Administration Account of the Estate of the said John Allen since the last Settlement, and value the slaves mentiond in the marriage Settlement and their Increase and Report their proceedings to the Court.” [Essex County, Virginia, Order Book 24, page 213.]
On 21 May 1765, the Chancery Court of Essex County issued a decree in the case of Thomas Allen an Infant by Thomas Burk his Guardian, Elizabeth Allen, Ambrose Allen, John Latane and Mary his wife and Thomas Dix and Susanna his wife, Complaints, against Elizabeth Allen Widow, Henry Allen, Thomas Allen, James Allen and Tamzin Allen, Defendants. “This day came the parties by their Counsel and two of the auditors appointed having made and returned their report in these words ‘The Estate of John Allen decd is Dr to Elizabeth Allen Widow & Adminstrx[’]” Here follows accounts beginning 18 June 1751, including 0.3.9 paid to “John Hunt for plank to make his Coffin” and 0.5.0 paid to “David Fulkner for digging his Grave”. “‘Negroe mentioned in the Marriage Settlemt Deed Vizt Tom, Ing, Jamey, Violet & Janey. Pursuant to an order of the Worshipful Court of Essex County We have settled Elizabeth Allens Administration account with her deceased Husband’s Estate since the division of his sd Estate made by Gent for that purpose appointed & find a ballance due to the Estate of Fourteen pounds six shillings & eight pence as above & We also have valued the marriage settlement slaves their increase &c. which is as above also. Given under our hands this 15th of August 1763. Thomas Roane John Upshaw.’ The said cause was further heard thereupon on consideration whereof it is Decreed & ordered that the Deft Eliza pay to the Plts in equal proportion to be divided among them the sum of Fourteen pounds six shillings and eight pence upon their giving Bond & security to refund the same if any Debts of the Intestate shall hereafter come agst the Deft Elizabeth and that the parties bear their own Costs. Whereupon the Deft Elizabeth prayed an appeal from every part of this and the Interlocutary Decree except so much thereof as established the former division of the Slaves of John Allen deced and that part which directs the Deft to pay the Fourteen Pounds six shillings and eight pence which is granted her upon giving Bond & Security in the Clerk’s office, which she has accordingly done.” [Essex County, Virginia, Order Book 26, page 121.]
On 16 December 1771, Thomas Allen and Henry Allen of the County of Essex sold land to Thomas Dix of the same. For £75 current money, 190 acres by estimation in Southfarnham Parish on which John Allen the father of Henry had lived, bounded by the lands of Thomas Dix, Benjamin Cosland and William Roane. This land had been sold by James Dicks and Judy his wife to Erasmus Allen, upon whose death the land descended to his brother John Allen, grandfather of the abovenamed Thomas Allen. Signed Thomas Allen, Henry Allen. Witnesses: Joseph Gatewood, Richd Thos Haile, William Gatewood, Richard Ryland, Leonard Burnett. Recorded 17 February 1772. [Essex County, Virginia, Deed Book 30, pages 509–510.]