Monday, March 12, 2012

Amanuensis Monday - Will of Peter Dillon, 1829

Located at the Daughters of the American Revolution's library in Washington, D.C., as part of a membership application, the following is the submitted transcription of Peter Dillon's Will.

Peter Dillon was the son of Daniel and Lydia Dillon.  Peter was married to Elizabeth "Betty" Haworth, daughter of James Frederick Haworth and Sarah Wood.
Will of Peter Dillon, Sr.  Will Book I. pp 22-23
Greene County, Tennessee      Greenville
Written: 2-10-1829   Proven: 7-27-1829

                               Peter DILLON Sen'r, dec'd
Monday 27th July 1829.  The execution of the last Will and Testament of Peter Dillon Sen'r, dec'd., was duly proven by the affirmation of David Stanfield and Aaron Hammer, subscribing witnesses and ordered to be recorded as follows:

"This is the last Will and Testament of me Peter Dillon Senior of the County of Green and State of Tennessee, being of sound disposing mind and memory and understanding, which Will I make as follows:  Viz;

First I order and direct my Executors hereafter to be named, to pay and discharge all my just debts, funeral expences, and charges of proving and executing this my last Will out of my personal Estate.

I then give and devise unto my beloved wife Elizabeth during her natural life, my mansion house and garden with the privilege of the orchard for her use, also with the privilege of pasturage sufficient for her cows and calves, also the one half of my stock, also one half of my household & kitchen furniture & I further say whatever she may need more for her support is to be supplied by my three sons hereafter named.

I next give and devise to my two sons Garret and James, all my tract of Land lying on Sinking Creek, to be divided by a known line run by James Galbreath; said Garret to have and to hold that side he now lives on except seven acres on the chestnut ridge in the South East Corner of the said premises given and devised to my son Garret, which seven acres I give and bequeath unto my son James, with a road one rod wide through the premises devised to said Garret, which said road shall be where said Garret shall judge to be most convenient to himself, provided they the said Garret and James do furnish their Mother with two thirds of what she may need for support ever and above her dowerry as above inscribed.

I then give and devise unto my sons William and Peter the plantation and tract of land I now live on, containing two hundred and fifty four acres by estimation, be the same more or less to be divided in the following manner, Viz:  beginning at a stake close on the south side of the branch at the foot of the nob and on the line of my twelve acre survey, four rods north twelve degrees east from a Spanish Oak the South east corner of my said twelve acre tract, running from said stake north fifty-nine degrees west sixteen poles to a rock, thence north twentyfour degrees West twenty eight poles to a stake, thence north fifty seven and a half degrees west twenty poles to a large Walnut tree, thence running a direct line to a stake on the line on the West end of my said lands, so as to make the division equal in acres or measurement, between my said sons.

I give and allow my son William to have half of the fruit of my Apple orchard for the term of twelve years, and that he shall have and hold the half on the North side.
Also all the land I held on the North side of the branch by a late Entry is to be equally divided between my two sons James and Peter, the balance of what I now hold of said Entry I devise to my son William, provided so William furnishes his mother one third of a support in manner as above stated for James and Garret.

I then give and bequeath unto my daughter Lydia this other half of my stock, household and kitchen furniture being an equal dividend with her mother, also free privilege of my mansion house and Orchard for her use during my Wife's natural life.

At the decease of my beloved wife, I will and allow of the personal estate she may have remaining, one bed and furniture to my son James, and the balance equally divided between my five daughters (Viz) Sarah, Phebe, Susanna, Jemima, & Elizabeth.

I then give also to my son Peter my waggon that's now in use on the plantation.

I then nominate, constitute, and appoint my two sons Garret & William Executors of this my last Will and Testament hereby revoking all other former Wills & Testaments at any time heretofore made by me.  In witness whereof I have herewith set my hand and seal this tenth day of the second month in the year of our Lord one thousand eight hundred twenty nine.

   Signed, sealed, acknowledged & delivered  )                          his
   in the presence of us, who have in the          )
   presence of each other signed our names     )          Peter                    Dillon
   as Witnesses the day and year above            )                                                       (Seal)
   written.                                                          )                        mark
   David Stanfield, Aaron Hammer, Brittn Fler (?)

                                And thereupon came Garret Dillon & William Dillon the executors named in said Will and entered into bond with Peter Dillon their security in the sum of one thousand dollars, with condition as the law directs and the said Garret Dillon and William Dillon having taken an affirmation, will truly and legally to execute said Will, it is ordered that letters Testamentary issue to them accordingly.

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