HENDERSON COUNTY, NC - WILLS - John Columbus Mills, 20 Feb 1842 =================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Marshall Styles marshallstyles@yahoo.com ==================================================================== Last Will and Testament of John Columbus Mills, 1842. He was a son of Major William Mills of the British Army and his wife Eleanor Morris. Transcribed and submitted by Marshall L. Styles, mstyles@greenville .infi.net Obituary of Colonel John Mills, Hendersonville Messenger newspaper: "Died, Col. John Mills, February 16, 1843 at his residence in Hendersonville." His will was written on 20 February 1842 and recorded in Rutherford County North Carolina during the Spring term of the County Court in that same year. He added codicils on two separate occasions, also recorded in Rutherford County. It reads as follows: "In the name of God, Amen. I, Colonel John Mills, of White Oak in the County of Rutherford, being of sound & disposing mind & memory, taking into consideration the uncertainty of life and the certainty of death, and being desirous to dispose of such worldly estate as it has pleased God to bestow upon me, do make this my Last Will & Testament. In the first place, my will is that my body be buried in a decent manner as becomes all Christian like people according to the discretion of my Executor. Then my will is that all my just debts be paid. Then I give and bequeath to my son William Mills the tract of land he now lives on, including the Robert Logan tract, Leander Corruths entry of 100 acres, & so much of the Rock House tract as is below the new road. "Item, I give and bequeath to my son George Mills the land where the mansion house & plantation is situated, including all the lands on both sides of White Oak above Pattrick Murrow's lands on the South side of the Creek & above the waggon road on the North side so as to run on the North side with said road to a point from which shall be struck the line with the top of the hill untill it shall strike the line between my home place & the lands I purchased of Samuel Young's heirs, and also I give the tract of land on which is located the grist mill purchased of James Young; also the Ross place & the lands purchased of Frank Alexander. What I mean by the Patrick Murrow lands on the south side is from the mouth of the horse lot branch, up that branch to the fork of branch & thence south 45 west to the Murrow line. Also I give to my son George all my lands on Mill Creek & all my lands on Rocking Branch to him & his heirs forever. "Item, I give to my son Govan Mills the land whereon his farm & plantation is on the Packolate River including all the lands called the George Logan lands & which I purchased of Dr. McEntire with the Shields tract & Clouds entry. I further will that the Corruth entry above named to my son William be divided so as to give one half only to William & the other half to my son Govan to him & his heirs forever. Item, I give & bequeath to my son Columbus Mills all my Packolate [Paccolat River] lands on both sides of that stream lying above the lands herein given to my son William, including the William Logan tract, the Rock House tract, the place I purchased of Bradon, & the Jack Lankford place & whatever may be the particular tracts lying above my son Williams lands aforesaid, to him & his heirs forever. I give to my son Columbus the above lands upon the condition that he may so release & give up a certain lot or lots he holds to my son Rufus, all claims title or interest he may have or set up to the tract of land in Alabama of six hundred & forty acres on which my son Rufus is now living & where he has his mansion & farm in said State of Alabama. Item, I give my son Rufus all my said six hundred & forty acres of land situated in Russel County Alabama whereon he is now living & where his farm & plantation is situated, it being the same aluded to in the above bequest to him & his assigns forever. "Item, I give to my grandson John C. Camp all that tract of land on White Oak joining the lands below & herein bequested to by son George, which I purchased of Paddy Murrow, also I give him the lands I purchased of the old Samuel Young estate and Andrew Young tract not herein already bequeathed to my son George in fee simple. Item, I give to my grandson John M. Dean all that tract of land on White Oak called by East Wood Tract containing two hundred acres more or less in fee simple. Item, I give and bequeath to my granddaughter, Louisa Camp all my lands on Green River including the place I purchased of Paddy Murrow & my Kilpatrick purchase and adjoining lands in fee simple, that is on the south side of the mountain." "Item, it is my will that the remaining lands belonging to me and not bequeathed already in this Will be sold by my executors or the survivors of these, and the money arising from the said sales to be applied to the payment of my debts, said executors or their survivors making letters to the same when sold and such parts of said money arising as aforesaid from the sales of said lands as may not be applied to payment of his debts, to be equally divided among all my children & grand children." He next divides his fifty-three slaves among his sons and grandsons. "Item, I give to my son William the following Negroes, Mary, Dandy, Bons, Isaac, Dina, Anaka, Amalla, Green, & I give him over & above my Negroe Cato to make up for what I deem a deficiency in his share of land. Item, I give to my son George the following lot of Negroes, to wit, Stephen, Alsy, Joe, Ann, Abram, Milly, Darcus, Lindy, Bob, and the use of Bob bill free. Item, I give to my son Govan my negroes Glass, Baz, Burdo, Prince, Hannah, Buster, Adam, Abram. Item, I give to my son Columbus my Negroes Anthony, Jim, Flint, Simon, Salina, Fed. Item, I give to my son Rufus my Negroes Mose, Linda, Jerry, Rose, Horrow, Shadrick, Tom, Phillis. I give to my grandson John C. Camp my Negroes Henry, Martha & Hawkins. I give to my grand daughter Louisa Camp, Rachel, Jimmy & Polder. To my grandson John M. Dean I have heretofore given by Bill of Sale recorded in Rutherford County the Negroes I consider as a very fair share for him, to wit, Delia, Anderson, Orange, Harvey, Ruby, Jane & her child. "I give to my sons William & Columbus all my books; to my sons George & Govan I give my two shot guns, powder horns and shooting apparatus. To my son William my red rifle & his horn & shot bag. I give to Louisa Camp a bed & all its furniture complete including a bed stead, also her mothers fruit baskets. I give to my grandson John C. Camp a bed and furniture complete, also bed stead. I give to Louisa the caster candlesticks, tray bought her by her mother. My will is that George have my side board in the small room, & the balance of beds & furniture & my riding saddle, getting Louisa a good ladies saddle in the place of my riding saddle. "Item, it is my will that all the balance of my household & related furniture, all my stock of horses, cattle, sheep, crops, mules be sold at a credit of twelve months & the money to be applied to payment of my debts & the resadew to be equally distributed, if any. All my personal estate not herein sufficiently described to be sold in the same way & applied & distributed as above. My will is that my sons William & Columbus act & be guardians of my two grandchildren Louisa & John Camp. I also appoint them & my son Govan executors of this my last Will & Testament. Given under my hand & seal in presence of: Witnesses Joseph M.D. Carson & Walter Duffy. Signed Jho. Mills {Seal}" A week later, John adds a codicil to the will: "Rutherford County, March 6th 1842. I John Mills being desirous to revoke & alter certain bequests in my will heretofore executed & dated the 26th of February 1842 attached by Jos. M.D. Carson & Walter Duffy, & to which I intend this as a codacill. I do now declare the devises legacies & bequests contained in my former will made to my son Rufus, Void. And do will that the said land, slaves & property of every kind so willed as aforesaid to my son Rufus be given devised & bequeathed to my son Columbus & his heirs in trust that the whole of the said property, its rents, issues & profits be kept for my son Rufus, his family & lawfull children which he now has or may have hereafter and the survivors of him & for the education and bringing up any & all grand children as may be lawfully born to my son Rufus. Instruct further to allow my son Rufus to sell & dispose of any part of devises, legacies or bequests jointly with him by son Columbus. In trust that he, my son Rufus, may & shall have power to dispose of any & all of such estate himself by last will & testament. It is my will that the trusts aforesaid be caused into effect by my son Columbus according to circumstances & condition of those for whose benefit entrusted. It is my will further that in case of the death of my son Columbus, then the trusts devolve upon my oldest son then living if competent & so on during the lives of all my sons in succession according to sincerity. "I will that the slave Cato given to my son William in the aforesaid former Will be & the same is hereby taken from him & given to my grand daughter Louisa Camp, it appearing necessary to her share equal. I will that the devises & bequests given to my grand son John M. Dean in the account of his death without lawfull children revert to my heirs subject nevertheless to the life estate & any wife he may have surviving. Signed Jho. Mills {Seal} Witnesses Jos. M.D. Carson, Walter Duffy" Six days later, a second codicil is added. "March 12th 1842. I will that the boy Polder given to Louisa be taken from her legacy & given to son Columbus, and the boy Fed be given in lieu of Polder to my grand daughter Louisa. Witnesses Joseph M.D. Carson, Walter Duffy. Signed Jho. Mills {Seal}" He died a year afterwards at his home, at the age of 76.