Documentary evidence for Nicholas Walley includes land records in Armstrong County, Pennsylvania in 1799 and in 1802; sponsorship with his wife Maria at baptisms in "Catholic Baptisms in Western Pennsylvania 1799-1828" (Father Peter Helbron's Greensburg Register); signing of a petition to the Catholic bishop in 1803 in "Catholic Trails West"; the 1810 census for Sugar Creek Township as Nicholas Walhee; his 1810 will probated at Kittanning on 18 June 1811; and sale of his remaining land in Kiskiminetas Township in 1840. There is also reference in biographies of two of his grandsons as to his origin being French. Three of his sons and some of his married daughters are on the 1800 census, but his name is not to be found.
The last name has been spelled in at least a dozen ways. Nicholas owned 427 acres in Allegheny Township, Armstrong County warranted in the name of Nicholas Wallhile on 7 May 1799, 200 acres in Kiskiminetas, and land formerly leased to David Allen, which he leased to Owen Sharkey and John Curry in 1802 for a six year lease at $20 a year. In addition to his land in other townships he resided in Sugar Creek Township by 1810.
Estate #26 Reg. Dkt. Vol. 1 [Spelling Corrected]
18 June 1811 proved by the subscribing witness Same day Executor sworn
In the name of God amen. I Nicholas Walley of Sugar Creek Township in the County of Armstrong and Commonwealth of Pennsylvania, yeoman being of sound mind memory and judgment through the mercy and goodness of God do make this my Last Will and Testament as follows viz. first I do order all my just and lawful debts and also the expenses of my funeral, which I Desire may be as moderate as decency will permit, to be honorably paid and discharged by my Executor hereinafter mentioned; And I do hereby give and bequeath unto my beloved wife Maria all my plantation and land and cattle and all the stock and household goods, likewise the young mare, bed and furniture all belonging to my estate situated in the County of Armstrong to hold the said Maria for and the term of her natural life or widowhood; But if the Said Maria Should choose to marry then and in that case my Executor hereinafter mentioned shall sell all the cattle and all the loose property belonging to her whatsoever she got of my estate and give her the one third of the money, the remainder to be divided among my children as follows. The Land or plantation after my beloved wife Maria's decease or breaking of widowhood the executor give the rights and title of the Lands as above mentioned to my son Nicholas and to my daughter Catherine two parts there of to Nicholas and one part to Catherine and charge them one hundred and fifty pounds therefore in lawful money to be paid to the remainder of my children; that is Nicholas to pay one hundred pounds and Catherine fifty that is to be paid after they get to be the proprietor of said land to pay fifteen pound yearly and every year until the whole sum thereof is paid which Nicholas two shares thereof, Catherine one share, I Do hereby allow my beloved wife Maria to keep all in her own hands until she alters her name or is deceased. Land Cattle and all the money that is coming due to me to keep as before mentioned. Further I order my Executor after the decease of my beloved wife is to sell all the property and the goods for the highest price that can be gotten for the same with all the money and accounts and to divide the Same to my children at the expiration of one year after the property is sold, to my nine children share and share alike namely-- Peter Walley, John Walley, Thomas Walley, Nicholas Walley, and Mary the widow of James Benson Margaret the widow of John Miller, Magdalena the Wife of Thomas Conner, Elisabeth the wife of John Orr, Catherine. Further I empower my executor to give all my right and title of the land and plantation after my beloved wife is deceased to Nicholas and Catherine Walley by them given their application for the payments for the land as before mentioned, they to have equal shares out of the money arising from the land, and lastly I do hereby nominate and empower Paul Deansend to the sole Executor of this my Last Will and Testament hereby revoking all other Wills and Testaments by me heretofore made and declaring this only as my Last Will and Testament in witness whereof I the said Nicholas Walley have hereunto set my hand and seal this thirteenth day of July in the year of our Lord one thousand eight hundred and ten.
Signed Sealed published and Declared by the Testator as and for his Last Will and Testament in the presence of us as are Signing. It is agreed that Nicholas Walley Junior Shall have the young mare which was formerly allowed to his mother for his use.
Bartel Saffer (or Laffer)
Armstrong County Seal 18 June A.D. 1811
Orphans Court, March Term, 1840. Armstrong Co., Pa.
Armstrong Co. SS:
The Commonwealth of Pennsylvania, to the Sheriff of the County of Armstrong,
GREETING: Whereas at an Orphans Court held at Kittanning in and for the Co. of Armstrong on the 19th March 1840 before the judges of the same court, the Petition of Nicholas Walley, son and heir at law of Nicholas Walley, the senior, late of Sugar Creek twp., dec'd, was presented setting forth that the petitioners said father died intestate as to the following described tract of land on or about the 18th day of June, 1811, leaving a widow who died about nine months afterwards and issue, nine children, to Wit:
1. Peter Walley, who is since dec'd, leaving eight children to Wit: John; Mary, intermarried with John Moore; Nicholas Walley; Thomas Walley; William Walley; Margaret, intermarried with F Shillinger; Lena intermarried with Ferry Heffron and Anne.
2. Mary Walley, intermarried with James Benson, both of whom are dead97leaving seven children, to Wit: Peter Benson; Hannah, intermarried with John Gregg; Margaret, married to Henry Hines; Mary, married to Robert Gregg; William Benson; Elizabeth, married to Andrew McIntire; and Catherine, Married to ______ McMillen.
3. Margaret, intermarried with _____ Miller.
4. John Walley, since dec'd, leaving issue five children, to Wit: Catherine; Elizabeth, married to Peter Silves, Silvas?; Margaret; John; and William.
5. Modelena (Magdalena) intermarried with Thomas Connor both of whom are dead, leaving six children, to Wit: Catherine, married to Patrick McCue; John Connor; Peter Connor, Mary Connor; Elizabeth Connor. Married to John McNaughton.
6. Elizabeth Walley, intermarried with William Robinson.
7. Thomas Walley.
8. Nicholas Walley, the petitioner.
9. Catherine Walley, intermarried with Patrick McGlaughlin.
Contributed for use by Bernard A. Clark
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