Orange County NcArchives Wills.....Miller, James December 8, 1820 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 594-595 Written: December 8, 1820 Recorded: Feb 1821 Testator: James Miller In the name of God Amen, I James Miller - former[farmer] of the County of Orange And state, of North Carolina being lo in health but in Sound mind And memory thanks be given unto God Calling unto mind the mortality of my body And knowing that it is Appointed for All men once to die do make and ordain this my last Will and testament that is to say principally And first of all I give and recommend my soul into the hands of Almighty God that gave, it And my body I recommend to the Earth to be buried in Christian burial At the discresion[sic], of my Executors nothing doubting but At the general resurection[sic] I Shall receive the same) Again by the mighty pour[power] of God And as touching Such Wourldly Estate Wherewith he has blest me in this life I give demise And dispose of the same in the following manner And form -- First I give And bequeath to my loving Wife -- two hundred Acheres of the land whereon I now live and my waggon and too[sic] horses and too plows and And[sic] plough gears too falling Axes and too mattocks [page 2] too weading hoes And too shovels and the one half of my household and Kitchen, furnature, and one Still ten stands and ten barrals and one negro girl Cal'd Laney to have and to hold dureing hir widdowhood Also I give and bequeath to my daughter Susan one bed and furnature, Also I give to my daughter Jane one bed and furnature, Also I give and bequeath to my daughter Lydia one bed and furnature Also I give and bequeath to my daughter Polly one bed and furnature, Also I give and bequeath to my daughter Rebecah one bed and furnature --- Als[o] I give and bequeath to my sone William the plantation I bought of the Widdow Trice and I Allow William to pay Jesse fifty dollars --- Also I give and bequeath to my sone Jesse too hundred Acres of land in the Pin[e]s Adjoing the lands of Robert Walker and others, Also I give, and bequeath to my sone John one bed and furnature Also I give And bequeath to my sone George one bed and furnature, and it is my further will that my too sons John and George should have the plantation whiare I live At the decease of their mother [page 3] And it is my farther Will that the ballance of my Estate not before named shall be Equally devided Amoungst my Children, Also I Constitute Make and ordain William Miller my son and Rachel Miller the soul Executors of this my last will And testament and I do hereby utterly disallow Revoke and disanull all and Every other former testaments wills legacies bequests and Executors by me In any wise before named willed and bequeathed ratifying and Confirming this and, no other to be my last will and testament, in witness whereoff I have hereunto set my hand and seal this Eighth day of december in the year of our lord one thousand Eight hundred and twenty Sign'd Sealed bublished pronounced and declared by the said James Miller as his last will and testament in the preasence of us in his and in, the preasence of Each other have hereunto subscribed, our names Witnesses his James Williams James (+) Miller (seal) John Riley } Jurat mark Joseph Latta Exrs qualified [Will Book Volume D, page 594] In the name of God Amen, I James Miller farmer of the County of Orange & State of North Carolina being low in health but in sound mind & memory thanks be given unto God Calling unto mind the mortality of my body & knowing that it is appointed for all men once to die do make & ordain this my last Will & testament that is to say principally & first of all I give and recommend my soul into the hands of Almighty God that gave it ~~ And my body I recommend to the Earth to be buried in Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mi -ghty power of God And as touching such Worldly Estate wherewith he has blessed me in this life, I give demise & dispose of the same in the following manner & form ~~ First I give & bequeath to my loving Wife two hundred acres of [the] Land whereon I now lile[sic] & my waggon & two horses & two ploughs & plough gears two falling axes & two mattocks two weading hoe[s] & two shovels and the one half of my household & kitchen furniture & one Still ten stands & ten barrells & one negro girl called Laney to have & to hold during her widowhood ~~ Also I give & bequeath to my daughter Susan one bed & furniture ~~ Also I give to my daughter Jane one bed & fur =niture ~~ Also I give & bequeath to my daughter Lydia one bed & furniture ~~ Also I give & bequeath to my daughter Polly one bed & furn= =iture ~~ Also I give & bequeath to my daughter Rebeckah one bed & furn= =iture ~~ Also I give & bequeath to my son William the plantation I bought of the Widow Trice & I allow William to pay Jesse fifty Dollars ~~ I give and bequeath to my son Jesse two hundred acres of Land in the pines adjoining the lands of Robert Walker & others Also I give & bequeath to my son John one bed & furniture ~~ Also I give and bequeath to my son George one bed & furniture & it is my further Will that my two sons John & George should have the plan= =tation where I live at the decease of their mother ~~ And it is my further Will that the balance of my Estate not before named shall be equally divided amongst my children ~~ Also I constitute make & ordain William Miller my son William Miller[sic] and Rachel Miller the sole Executors of this my last Will and testament and I do hereby utterly disallow, revoke & disannull all and every other former [Will Book Volume D, page 595] testaments, Wills Legacies bequests & Executors by me in any wise before named willed & bequeathed ratifying & confirming this & no other to be my last Will and Testament ~~ In Witness whereoff I have hereunto set my hand & Seal this Eighth day of December in the year of our Lord one thousand Eight hundred & twenty ~~ Signed Sealed pub= =lished pronounced & declared by the said James Miller as his last Will & testament in the presence of us in his and in the presence of each other have hereunto subscribed, our names Witnesses his James Williams } James (+) Miller (seal) John Riley } Jurat mark Joseph Latta Orange County February Term 1821 The Execution of the foregoing last Will & testament of James Miller was duly proved in open Court by the Oaths of James William & John Riley subscribing witnesses thereto & ordered to be recorded. At the same time the Executors named in the Will qualified accordingly Test Additional Comments: Will Book Volume D, pages 594-595 Recorded Feb 1821 Many instances of non-standard spelling and extra commas. Intent is clear, so spelling and punctuation was kept as in the original. Estate Papers comprise 32 pages and are found in a folder labeled "Miller, James (1821)". It appears that was a miller. There is an account of the sales of hundreds of bushels of wheat to numerous people. Inventory taken 20 Dec 1820 includes four unnamed negroes. Only one named in the will, and she is probably among these four, because three other slaves were later sold at the estate sale. On 1 Mar 1823, nearly two years after the sale, the executors sued to recover $645.77, principal, interest and damages. He appealed, lost and had to pay additional court costs and interest. [Estate Papers - Estate Sale 30 Mar 1821] Acct of sales of the personal estate of James Miller decd. held on the 29th & 30 March 1821 Names Articles $ Cts [sundry articles omitted] Wm Hall 1 Negro boy named Sam 590.00 Jane Miller 1 Negro girl named Nancy 426.00 Rachel Miller 1 boy named Mose 375.00