Will of Jan Aliee, born about 1655 in Artois, France, died 1718 in Duck Creek, Smyrna Co

Will of Jan Aliee, born about 1655 in Artois, France, died 1718 in Duck Creek, Smyrna Co., DE.

Calendar of Kent County Delaware Probate Records 1680 - 1800 page 36

Alley, John.Will (copy). Made Feb. 19, 1718. Heirs: sons Peter, Abraham, Johanus [Johanns]; daus.

Hannah, Mary, Elizabeth, Rachell, Jane Vanwinkle (wife of Simon Vanwinkle), Susannah (wife of John Vangasco); son Jacob; sons-in-law Simeon Vanwinkle & John Vangasco. Exec'rs, sons Peter,

Abraham & Johanns. Wits., John Hillyard, Isabell Smith, John Bradshaw, Sr. Prob. March 16, 1718.

Arch. vol. A1, page 98. Reg. of Wills, Liber D, folios 7-8.

[TEXT OF THE WILL of JOHN ALLEY (Jan D'Ailly)]

WILL Of JOHN ALLEY KENT COUNTY

Kent Co. Delaware Volume A-1, page 98 P-4-7.

(Original missing)

Dated 19 February 1718 Proved 16 March

1718

Is the name of God, Amen. I, John Alley of Duck Creek in the County of

Kent upon Delaware being weak. sick of body but sound and perfect memory

thanks be to God for the same and knowing the uncertainity of this life and

that all men must dye doth make this my last will and testament upon the

earth.

Imprimes First and principally I recommend my soul to God that save it

hopeing through the merits Death and passion of our Lord and Saviour Jesus

Christ to obtain forgiveness, for all the sins and transgressions I have

committed in this life and to inherit Everlasting peace and Salvation after

this life is ended and my body I commit to the Earth to be buried at the

order and Discression of my Executors hereafter named.

2nd. After my Just Debts and funeral charges is paid and Discharged all the

Rest and Residue of my Worldly Estate Reall and personall as Lands goods and

Chattells I give Will and bestow in manner to hereafter followeth.

3rd. Item my will is and I do hereby give to my two Eldest Sons Peter Alley

and Abraham, Alley all my now dwelling plantation together with five hundred

of Land which plantation and Land to be divided with a line Run as near as

may be from Dawsons Branch to Irons Branch fair and equally my son Peter to

have the part that is Westerly of the Division Line and my son Abraham to

have that part of the plantation that is Easterly of the plantation and what

there shall be wanting of the plantation made up the Compliment of five

hundred acres

of Land as aforesaid shall be taken on the West side of the plantation and

to be divided betwixt my Sons Peter and Abraham, it is to be understood by

this my Will that the wood Land shall be included in the five hundred acres

of Land from Branch to Branch as far as the plantation doth at this present

time Extend Easterly and my Will is that my Sons Abraham and Johanus Alley

shall have an equal and proportional part of the Orchards on the plantation

aforesaid with my Son Peter for five years after my decease as, also to have

free Liberty to take a full part both of them of the Apple trees In the

Nurserys upon the plantation afsd. to plant orchards for themselves at any

time within the five years as aforesaid

4th. Item my will Is that my son Johanus Alley is to have three hundred

acres of Land at the Beaver Dam point I freely give and bestow the same to

him and his heirs for ever.

5th. My will is and I freely give and bestow the same to my two Daughters

Hannah and Mary to their heirs and assignes forever one hundred and fifty

acres of land to both of them in the pasture point and adjoyning only my

Will is that there shall be thirty acres of the said point allowed forever

for a Road and passageway to and from the Marshes for all my children and to

secure hay for their Horse.

6th Item my will is and I freely give and bestow on my son Jacob Alley the

Land and plantation where the French man lived called the Long point

containing one hundred and fifty as also one hundred acres of Land in the

West I now live in but clear of the land before willed to these presence to

him, his Heirs and assigns forever also my loom and harness belonging to the

same.

7th- Item my will is and so I order and appoint that if my son Peter doth

not come within three years after my decease to live on the part of the

plantation aforead as is here willed for him that then the said Peter is

forever barred for taking any right on the plantation and that Johanus shall

enter and hold the same to him and his heirs assigns forever and Peter to

have and enjoy the Beaver Dam Point to him his heirs and assigns forever,

the said Johanus and his heirs to have no right nor claim to the Beaver Dam

Point nor land aforesaid and what Land aforesaid and what Land I have more

than I have willed shall be equally divided betwixt my three sons Peter

Abraham and Johanus and to their heirs and assigns forever.

8th Item. I freely give and bequeath to my Daughter Jane the now wife of

Simon Vanwinkle fourty pounds out of my personal Estate and to my Daughter

Susaannah the now wife of John Vangasco I give and bequeath out of my Estate

fourty pounds current money.

9th. Item. I give to my two youngest daughters Elizabeth and Rachell fourty

pounds current money to both of them to be paid to them when they come to

the age of eighteen years without any charge out of the proffits of the

plantation and not out of my Estates my Executors to have the care and

tuition of them in their minority further I being obliged to pay to my two

youngest Daughters Elizabeth and Rachell fourty five pounds York money I

therefore order that my Executors pay the said sum of 45 pounds out of my

Estate.

10th. My will is and so I order and appoint and Impower my Executors

hereafter named to alienate and make over by a good sufficient Deed of Sale,

for one hundred acres of land to Simeon Vanwinkle and to his heirs, and

assigns forever and to John Vangasco one hundred and fifty acres of Land to

his heirs and assignes which I sold unto them, that the said land be

conveyed and confirmed unto them within one year after my decease.

11th Item my will to that my sons Abraham Alley Johanus Alley have each of

them on his part of Land aforewilled a Dwelling house 23 foot long and

twenty foot wide built nails and workmanship to be paid out of my Estate and

each of them to have a forty foot Tobacco House at the awe charge as the

dwelling houses.

12th. Item my will is and if my Son Peter doth not come within the time

aforesaid he shall not be charged to pay any part of the forty pounds apiece

to my youngest Daughters and for all the Rest and Residue of my personal

Estate I give Will and bestow as followeth to my sons and Daughters

hereafter named to witt Peter Alley Abraham Alley Johannus Alley Jacob Alley

Hannah Alley and Meary Alley all to be equally divided every one of them to

have an equal, proportional part alike.

13th. and Lastly I do ordain order and appoint my Dear and Well beloved sons

Peter Alley Abraham Alley Johanus Alloy the sole and only Executors of this

my last Will and Testament made upon the Earth hereby Revoking Disallowing

and making void all former wills and Testaments made upon the Earth and this

only to be taken and deputed my test Will, no other given under my hand and

Seal this 19th day of February Anno Dm. 1718 being the fifth year of the

Reign of Sovereign Lord King George over Great Britian.

Signed Stated and Declared by John Alley to be his last will and testament in the

presence of John Hillyard, John Bradshaw Sen., and Esabell Smith.

J. Alley

eight hearing

Kent County Sup. Dell. as. This day personally appeared before me the within

named John Hillyard Esabell Smith John Bradshaw witnesses as to the within

Instrument of writing and upon their Soloemn affirmations (according to Law)

did declare that they saw and heard the within named John Alley pronounce

declare and acknowledge the same to be his last Will and Testament and that

at the Doing thereof he was of Sound mind and memory according to the best

of their knowledge IN WITNESS whereof I have hereunto set my hand this

Sixteenth day of March Anno Do. 1718.

Benjamin Shurmer

Alyea will - page 4.

Kent County Sup. Dell. Benjamin Shurmer Deputy Resister for the probate of

wills, and granting Letters of Adm. in and for the County of Kent on

Delaware under William Keith Esq. and with the Royall approbation Gov, of

the Counties of New Castle Kent and Sussex on Delaware of the province of

Pennsylvania Sendeth Greetings

To all to whom these presents shall come to me Greeting

Know Yee that at Dover in the County of Kent afsd was proved approved and

Insinuated the last Will and Testament of John Alley to these presents

annexed having whilst he lived and at the time of his death, Divers Goods

Rights and credits within the sd Counties and more especially In the County

of Kent by means whereof the approbation, Insinuation of the said last Will

and Testament, commiting the Admr. of all and Singular the goods rights and

Credits of the said decsd. and all of the Auditing the Accounts Calculations

Reckonings of the sd Admr., a final Dismission. from the same to me are

manifestly know to belong and Admr. of all and singular the goods Rights and

Credits any wise concerning the sd decd. and -his last Will and Testament

was committed to Peter Alley Abraham Alley Johanus Alley the Executors

therein named they being first attested (according to Law) well and

faithfully to Admr.. the same and a full and faithful Inventory thereof all

Singular, the said goods Rights and Credits of the decd. to make and duly to

Exhibit also a plain and true account Calculations Reckoning thereof to

Render into the Registers office for the County of Kent afsd. when thereunto

Legally Required In Testimony whereof I have caused the Seal of my Office

(which in this behalf I use) to be affixed to these presents at Dover town

in the County of Kent afsd. this Sixteenth day of March in the fifth year of

the Reign of Sovereign Lord King George over Great Britain Anno Do. 1718.

/s/ Benj. Shurmer

Kent County Sup. Dell. ss. Benjamin Shurmer Deputy Register for the probate

of wills and granting letters of Adm. in and for the County of Kent on

Dell.and his William Keith Esq. by the Royal approbation and appointment,

Gov. of the Counties of New Castle Kent Sussex on Delaware afsd. of the

Province of

Pennsylvania Sendeth Greetings