Updated March 12, 2016
I, Allen Gilliam of the County of Charlotte being of sound mind and memory and knowing that is once appointed for a man to die do make this my last will and testament on manner and form following first, I recommend my soul to God who gave it to me and as to my worldly affairs which it has pleased God to bless with I dispose of as follows:
First it is my will and desire that all my just debts be paid as soon after my decease as possible
2nd I give unto my son James H. Gilliam the property that he is already possessed of and the sum on one dollar to him and his heirs forever.
3rd I give unto my daughter Mary Marshall the property that she is already possessed of to her and her heirs forever.
4th I give unto my daughter Nancy Barnes the property that she is already possessed to her and her heirs forever.
5th I give unto my daughter Sarah Pettus the property that she is already possessed of to her and her heirs forever.
6th I give unto my daughter Elizabeth H. Pettus the property she is already possessed of and the sum of two hundred and fifty dollars to be paid her as soon after the payment of my just debts as convenient to her and her heirs forever.
7th It is my will and desire that the balance of my estate after the payment of my just debts and legacies already named be kept together for the support of my beloved wife, Martha Gilliam, and the following children (to wit) Francis, William, Martha, and Robert and disposed of as may hereafter be directed and if my wife should think proper (after my decease) to remove to the western country or else where it is my desire that whole of my lands, estate be by my executors (hereafter named) sold and the money arising from such sale be by my executors laid out in any property that they with my wife may think best and the balance of the property removed whenever she may think proper to settle.
8th It is my will and desire that my son Francis Gilliam be furnished with sufficient sum of money to defray his expenses in attending the lectures in Lexington Kentucky for two courses or some other medical institution and for years after he education is completed, it is my will and desire that he made equal in property to my daughters that are married which I give to him and his heirs forever.
9th I give unto my son William Gilliam (when arrives to the age of twenty–one years property equal in amount to that already received by my married daughters and at the death of his mother, the sum of five hundred dollars to him and his heirs forever.
10th When my daughter Martha Gilliam arrives to the age of twenty-one years or marries I give unto her property equal in value to that already received by my married daughters also the sum of one thousand dollars at the death of my wife to her and her heirs forever.
11ht I give unto my son Robert Gilliam when he arrives to the age of twenty-one years property equal in amount to that already received by married daughters and the sum of one thousand dollars at the death of my wife to him and his heirs forever.
12th It is my will and desire that at the death of my wife all of my landed estate be sold and after the payment of the legacies already named, the balance of my estate be equally divided between my children hereafter named (to wit) Mary Marshall, Nancy Barnes, Sarah Pettus, Martha Gilliam, and Robert Gilliam in the event of Mary Marshall and Nancy Barnes or either of them dying without a legal heir of their bodies then and in that case to be equally divided between the remaining six children named in this clauses.
Lastly I constitute and appoint my son in law William Marshall and my friend James Barnes executors of this my last will and testament hereby revoking all former Wills.
In testimony whereof I have hereunto set my hand and affixed my seal this 15 day of May 1830.
Sig: Allen Gilliam
Acknowledged in presence of Wm Bacon, T. J. Garden, Jno Booth
At a court held for Charlotte County, the 2nd Day of August 1830 this last Will and Testament of Allen Gilliam decd was presented in Court and the same was proved by the oaths of William Bacon, and John Booth subscribing witnesses thereto and ordered to be recorded.
And in the said Court on the third day of the same month on the motion of William Marshall one of the Executors therein named who made oath according to law certificate is granted him to obtaining a probate thereof in due form on giving bond and security
Wherefore he with James Barnes, Martin Pettus, John Pettus, his securities, entered into and acknowledged bond in the penalty of twenty-five thousand dollars conditioned, as the law requires.
Teste Winslow Robinson
[Allen Gilliam, the son of James Gilliam and Martha Isbell, his wife, married on 8 July 1794 in Charlotte County, VA, Martha Cox Barnes, the daughter of Francis Barnes. After Allen’s death Martha removed to Paraclifta Township, Sevier County, Arkansas. She died there 3 Oct 1844.]
- Library of Virginia, Chancery Files, Charlotte County, VA. “William T. Gilliam vs executor of Allen Gilliam, etc, and William Marshall.” Index #1832-008.