Heard County GaArchives Wills.....John Miller March 5 1877 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Candace Gravelle http://www.genrecords.net/emailregistry/vols/00023.html#0005680 February 25, 2004, 10:23 pm Source: Heard Co Ga Will Records Written: March 5 1877 Recorded: May 9 1878 This Will of John Miller was written in March 1877, recorded for probate in May 1878 and then re-recorded at the Heard County Probate office on November 13, 1895. (After the fire at the Heard County courthouses some families took their legal documents in to the court house to be re-recorded since most all of the prior records to 1894 burned in the fire). Will of John Miller State of Georgia, Heard County In the name of God Amen I, John Miller of said County and State being of sound and disposing mind and memory do make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills by me at any time made. Item 1st. I command my soul to God wh gave it and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition in life. Item 2nd. I Will and direct that all my just debts of which there are but few and none of magnitude, shall be paid as spedially and punctually as circumstances under the law will allow and in the manner directed in this Will. Item 3rd. To my beloeved wife Tolitha Miller I give and bequeath the use, occupation, profit and benefit of my whole estate both real and personal for and during the term of her natural life, except such parts thereof as are in the Will hereafter otherwise specially disposed of, such real estate to consist of my home place and improvements thereon and five hundred and fifty acres of land; the same being the portion of my real estate not herein after specially devised. Item 4th. It is my Will and I herein and hereby direct that at the death of my said wife Tolitha Miller, all my estate bequeathed to her in the Third Item of this Will and not in this Will otherwise disposed of be divided equally, that is share and share alike, among all my children in this item named to wit: My sons Thomas Miller, Rufus Miller, Willis Miller and Joseph Miller, and to my daughters, Elmina Clark wife of Rev. Upson H. Clark and Barbara Ann Daniel wife of Isham J. Daniel and I further direct that the property in this Item bequeathed to my said daughters Elmina and Barbara Ann shall be theirs in their own right and shall belong to them and their heirs and be free from the debts and liabilities of their present husbands or any future husband or husbands they or either of them may have. Item 5th. I Will and devise to my son Thomas Miller one hundred and fifty acres of land the same being the place whereon he now lives and to which said land he now holds a deed of gift from me. Item 6th. I Will and devise to my son Willis Miller one hundred and fifty acres of land, the same being the place whereon he now lives and to which said land he now holds deed of gift from me. Item 7th. I Will and devise to my son Rufus Miller one hundred and fifty acres of land the same being the place whereon he now lives and to which said land he now holds a deed of gift from me. Item 8th. I Will and devise to my son Joseph Miller one hundred and fifty acres of land the same being a portion of the settlement of land known as the Atchison place and said land herein devised to Joseph adjoins the land devised to my son Rufus in the 7th item of this Will, and to which said land my said son Joseph now holds a deed of gift from me. Item 9th. I Will and devise to my son Francis Miller one hundred and fifty acres of land the same being the place whereon he now lives and to which said land he now holds a deed of gift from me; this land I devise to him Francis and nothing more of my estate because he has had money furnished to him by me in the full amount of a distributive share of all my property not specially devised in this Will. Item 10th. I Will and devise to my daughter Elmina Clarke wife of Upson H. Clarke one hundred and fifty acres of land the same being a portion of the land I bought from Dr. Watkins and said land adjoins the land devised to Thomas Miller in the Fifth Item of this Will , all of said one hundred and fifty acres of land in this item devised, I bequeath and devise to my said daughter Elmina except except the mining interest contained on said land if any there be which said mineral interest when developed if it is ever developed shall belong equally to all my children and said land herein devised to my said daughter Elmina shall be hers in her own right and shall be free from the debts and liabilities of her present on any future husband she may have. Item 11th. I Will and devise to my daughter Barbara Ann Daniel wife of I.J. Daniel, one hundred and fifty acres of land the same being a portion of the settlement of land known as the Atchison place and to which said land she now holds a deed of gift from me. Said land to be hers in her own right and to be free from the debts and liabilities of her present husband or any future husband she may have. Item 12th. I Will and devise to my daughter Elizabeth Smith, wife of Asa J. Smith, One hundred and fifty acres of land the same being the place hereon she and her husband now live and to which said land she now holds a deed of gift from me. Said land to be hers in her own right and to belong to her and her heirs and to remain and be forever free from the debts and liabilities of her present or any future husband she may have. This said land in this item named I devise to her and nothing more of my estate because she and her husband are indebted to me to the full amount of a distributive share of my property not specially devised in this Will. Item 13th. I Will and devise to my son William Miller if he should be alive at the time specified for him to receive the legacy herein devised or should have any lawful heirs then living, one hundred and fifty acres of land the same being a portion of my home place which I have devised and bequeathed to my wife Tolithia Miller in the Third Item of this Will , the said one hundred and fifty acres of land are to be laid off to him after the decease of my said wife Tolithia which said land shall be laid off to him in the following manner to wit: He my said son William shall choose one uninterested and judicious man and my executors herein after appointed or their representatives shall in like manner choose an uninterested and judicious man and those two men then chosen shall choose a third man and said three men then chosen shall divide the five hundred and fifty acres of land in the Third Item of this Will bequeathed to my said wife Tolithia into four parts or portions as nearly equal in quarters and value as practicable and after such division is made the said Committee or partitioners herein provided for shall number the portions of land as laid off as above directed, one, two, three, four and place said numbers folded in a hat and my said son William or some one designated by him shall draw from a number which said number shall represent the portion of land hrein devised to him, this land in this item devised to him my said son William. I Will and devise to him and nothing more of my estate. Item 14th. I Will and bequeath to Cleopatra Miller and Tolitha Cumie Miller daughters of my deceased son Marshall Miller one hundred dollars each to be paid to them in cash from my estate upon their arrival at twenty one years old or to their legal guardians if they should not be twenty one years old at my decease; provided that if my wife Talithia Miller shall survive me then the same one hundred dollars each to be paid as above at the decease of my said wife Talithia. And provided further that if either of my said grand daughters Celopatra and Talithia Cumie should die without an heir prior to the time herein named for them to receive said legacy then her said one hundred dollars to go to the surviving sister or to her heirs. Item 15th. I hereby nominate, constitute and appoint my son-in-law Isham J. Daniel and my son Willis Miller Executors of this my Last Will and Testament. Item 16th. In this my Last Will and Testament and in every Item thereof I have endeavored to be plain and explicit and I hope and trust that no dispute will arise concerning any of the devises herein made but if contrary to my Will and devises there should any disputes arise from the want of legal expressions or ? terms or because too much or too little has been said on any of the devises herein made, my Will and devise is and hereby expressly direct that all disputes if any should arise shall be decided by three impartial and intelligent men, two to be chosen by the disputees each having the choice of one and the third to be chosen by those two which three then chosen shall unfettered by law or legal construction declare their judgment as to my intention and their decision there made is to be binding upon the parties as if it has been rendered by the highest Tribunal known to the law. In witness whereof I the said John Miller to this my Last Will and Testament consisting of the foregoing two and one half pages of paper have set my hand and seal this fifth day of March eighteen hundred and seventy seven. John Miller (Seal) Signed, sealed, published and declared by the above named John Miller as his last Will and Testament in the presence of us the subcribing witnesses who at his request in his presence and in the presence of each other, have subscribed our names as witness hereto. I.J. Stephens J.M. Drummond A.T. Fuller, CSC State of Georgia, Heard County Will of John Miller, Dec'd Before me at Chambers came Isham J. Daniel and Willis Miller, Executors named in the foregoing instrument and offers the same for probate in common form as the Last Will and Testament of John Miller, deceased, late of said County, and J.M. Drummond and A.T. Fuller two of the subscribing witnesses thereto being duly sworn depose and say that they saw said John Miller deceased, sign and publish said instrument as his Last Will and Testament when he was of sound and disposing mind and memory and that they and I.J. Stephens signed the same as witnesses at the special instance and rquest of said testator in his presence and in the presnce of each other. J.M. Drummond A.T. Fuller Sworn to and subscribed before me this 15th day of April 1878. J.B. Beall, Ordinary, H.C. Georgia, Heard County I do solemnly swear that this writing contains the true last Will and Testament of John Miller, dec'd of said County so far as I know or believe and that I will execute the same in accordance with the lasw of this State so help me God. I.J. Daniel Sworn to and subscribed before me May 6, 1878. J.B. Beall, Ordinary Georgia, Heard County I, J.B. Beall Ordinary of said County and ex officio Clerk of the Court of Ordinary to certify that the foregoing is a true and correct copy of the Last Will and Testament of John Miller, deceased, and of the probate thereof and that the same appears of record in my office. Given under my hand and seal this 9th day of May 1878. J.B. Beall, Ordinary and Ex. Off. CO Recorded November 13, 1895. G.A. Crain, Ordinary ************************************************ This file has been created by a form at http://www.poppet.org/gafiles/ File size: 11.7 Kb