Orange County NcArchives Wills.....Miller, Jesse February 16, 1840
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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 F, pages 46-47
Written: February 16, 1840
Recorded: Feb 1840
Testator: Jesse Miller

In the name of God AMen. I Jesse Miller being of sound
mind doth[sic] Constitute and make this my Last Will and
Testamint in Witness where of I doth Constitute & appoint
Henry Whitted the administrator[sic] to settle my business first
I give & Bequeath the Giver my Soul. My Body to be Buried
in a Christian Manner & form Agreeable to my Admr &
friends first[sic] I give & Bequeath to my Loveing Wife
Mary Miller all my house hold & kitchen furniture
or thereof as much as she may think proper as much of
the old Crop of Wheat Corn & Bacon as she may think
sufficient to support her & family & my waggon
& four horses & gear and as many as ten Head of
Cattle the Choice of my stock & as many as 20 Head of
Hogs the Choice of my stock & the Hole[sic] proceeds of
my farm or thereof as much as she may think proper
& Sal Cudga & Esther & Jincey & her two Children the Balance
of the Niggras[sic] to be Hired Out untill my Oldest Son
Shall Come of age the family is all to work together
the present Crop & next fall such as may be spared if
any - to be sold by administrator and All the Balance
of my property be sold that is not Herein mentioned
& all my Just debts to be paid by my administrator
& at my Wife death or during her widow Hood all that
may Remain to be Sold & Equally divided amongst my
six children or them that shall ["my" x-out] survive amongst them
Likewise my Caryall & Harniss Such property as my administrator
may deem necessary for to keep up my farm ploughs & Mattocks
& Hoes next fall all them will be sold of the Balance of my Crop
of wheat & Corn that they make over as support for the
family then Alexander Peter & Quam to be Hired out yearly
During my ["my" x-out] Wife[s] life time or widowow[sic] Hood & the proceeds
of off all the Lands or thereof as much as the Hands can
work. & then after Her Death or widowhood all to be sold
& Equal[ly] divided amongst My Children My Land to be
Laid in two Lotts if though[t] proper for the Best advan
tage. I give to my son Jesse Miller my little family gun that
is the gun Strudewick use[d] to own the Balance to be sold this
this[sic] Spring With my Bacon & Corn & Wheat the Horses & Cattle &

[page 2]
the Horses & Cattle[sic] & Hogs and the Balance of my property
to be sold Next fall when my nigroes to be Hired out
also 20 head of Choice sheep to my wife & the Balance
to be sold next fall when my oldest son Shall come of age
then the Negroes Peter Quam & Alexander to be still Hired
out During my Wife[s] Life or widowhood in casse my wife
should Mar[r]y - At Her Mar[r]iage all is to be sold &
Equally divided amongst her & my Children the proceeds of
sale & my bonds to be put on interest for them of of
Children When my oldest son Shall Come of age it is to
be divided Equally Divid amongst between & the proceed[s] of
Hire of said 3 Boys the Children to be schooled out
of the proceeds of the Lands a Liberal Education my old Horse
doctor Jagy mare Rone & Henry for my my[sic] Wife Mary Miller
during Hir Life or widow Hood or disposed of as before mentioned
this and no other is my Last Will and Testament 16 day
feby 1840
    Test                                Jesse Miller
A. C. Murdock
Alves Nichols  Jurat
                           Exr qualified

[Will Book Volume F, page 46]
In the name of God Amen I Jesse Miller being
of sound mind doth[sic] Constitute and make this my Last
Will and Testament in Witness whereof I doth Constitute & Ap
point Henry Whitted the Administrator[sic] to settle my business

first I give & bequeath the Giver my soul My body to be Buried
in a Christian Manner & form Agreeable to my Admr. & friends

first[sic] I give & bequeath to my loveing Wife Mary Miller all my
house Hold & Kitchen furniture or theirof[sic] as much as she may think
proper as much of the old crop of wheat corn & Bacon as
she may think sufficient to support her & family & my waggon
& four horses & geer and as many as ten Head of Cattle the
Choice of my stock & as many as 20 Head of Hogs the Choice
of my stock & the Hole[sic] proceeds of my farm or thereof as much
as she may think proper & Sal Cudgo & Esther & Jencey & her two
two[sic] Children the Balance of the negreos to be Hired Out untill my
Oldest Son Shall Come of age the family is all to work together
the present Crop & next fall such as may bee [x-out] spared if any
to be sold by Administrator and all the Balance of my property
bee sold that is not Herein mentioned & all my Just debts to be
paid by my Administrator & at my wifes death or during her
widowhood all that may Remain to be sold & Equally divided
amoungst my six children or them that [x-out] survive amongst them
Likewise my Carryall & Harness such property as my Administrator
may deem necessary for to keep up my farm plough & Matock &
Hoe next fall all them will be sold of the Balance of my
crop of wheat & corn that they make over as support for
the family then Alexander Peter & Quam to be Hired out
yearly During my Wife[s] life time or widowhood & the parcel [orig: proceeds]
of off all the Lands or thereof as much as the Hands can work
& then after Her death or widowhood all to be sold & Equal
divided amongst My Children My Land to be Laid in two
Lotts if thought proper for the best advantage.  I give to my
son Jesse Miller my little family Gunn[?] that is the Gunn Strudewick
use[d] to own the balance to be sold this Spring With my Bacon
& Corn & Wheat the Horses & Cattle & the Horses & Cattle & hogs and the balance
of my property to be sold next fall when my negroes to be Hired
out also 20 head of Choice sheep to my wife & the balance to
be sold next fall when my oldest son shall come of age

[Will Book Volume F, page 47]
then the Negroes Peter Quam & Alexander to be still Hired out
During my Wifes Life or widowhood in case my wife should
Marry - At her Marring all is to be sold & Equally divided
amongst her & my Children the proceeds of sale & my ["lands" x-out]
bonds to bee put on Interest for them of of Children when my oldest
son shall come of age it is to bee divided Equally amongst between
& the proceeds of the Hire of said 3 Boys the children to be sch=
ooled out of the proceeds of the Lands a Liberal Education
my old Horse doctor Jagy mare Rond & Henry for my
Wife Mary Miller during her Life or Widowhood or deposed[orig: disposed]
of as before mentioned this and no other is my Last Will
and Testament 16 day July [orig: Feby] 1840
       Test                           Jesse Miller
A.C Murdock
Alves Nichols
             Orange County February Term 1840
The Execution of the foregoing last Will and Testament
of Jesse Miller deced. was duly proved in Open Court
by the Oath of Alves Nichols one of the subscribing witnesses
there[to] and ordered to be recorded ~~~
At the same time Henry Whitten the Executor[sic] therein
named appeared in Open Court and qualified accordingly
                           Test

Additional Comments:
Will Book Volume F, pages 46-47
Recorded Feb 1840

Will book date near the end of the will was mis-read from the original and inconsistent with the date of probate - per the will book version the date was 16 Jul 1840, but the will was proved in Feb 1840.  A careful reading of the original indicates that it was 16 Feb 1840.

Will appoints Henry Whitted as "administrator".  The Court correctly asserts that his role is "Executor".

Estate Papers comprise 50 pages and are found in a folder labeled "Miller, Jesse (1840)".  Many lots of wheat sold.  Perhaps he was a miller?.  Heirs mentioned, perhaps the five unnamed children from the will: Sanders Miller, Minie Miller, Jefferson Mill, Mary Ann Miller, Rachael Miller.  Together with Jesse Miller (named in the will) they are described as "minors under the age of 21 years" in Feb 1843. James Jackson, Jr. is listed their guardian, as is Edmund Strudwick who entered into bond on 1 Mar 1849 for $200 to serve as guardian.  It appears that Jackson is referred to as "James Jackson (Slick)" and another person by the same named is referred to as "James Jackson (Stiller)".  Hire of the three (Anderson, Quam and Peter) for 1842 was $39.00.  For 1843 it was $78.00.  For 1844 it was $89.00.  For 1845 it was $87.00.  For 1846 it was $82.50

[Estate Papers - Inventory 3 Mar 1840]
An Inventory of the Negroes Dispose by the will of
Jesse Miller Dec

Alexander Peter & Quam to Be hired out

Cudjo Sally Esther Jincy and her 2 Children
Left to the widow

                             Henry Whitted Exr