Haman Miller will, Randolph County NC, 1814 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Cindy McCachern USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************. In the name of God amen. I Haman Miller Senr of the County of Randolph and State of North Carolina, being very sick and weak in body but of sound and perfect mind and memory blessed be God. But knowing that it is appointed for all men once to die, do make and publish this my last will and testament, this twelfth of July in the year of our lord one thousand eight hundred and fourteen, in manner and form following (that is to say) principally and first of all I give and recommend my soul into the hands of Almighty God who gave it and my body to the earth to be buried in a decent and Christian manner, at the discretion of my executors, and as touching such worldly estate where-with it has pleased god to bless me in this life, I give devise and dispose of the same in the following manner and form (to wit) first--it is my will that a just and true inventory of my personal estate shall be made by my executors, and also that all of my just debts shall be paid out of the moneys on hand and if not a sufficiency that they be paid out of my personal estate as aforesaid-- Item-I leave for the use of my wife Fanny Miller all the tract of land whereon I now live with the plantation and improvement thereon, also all of my household furniture, plantation tools and stock consisting of horses, cattle, sheep, hogs, etc. except such part thereof which may be considered necessary to be sold and which she may not have particular need of, in order to discharge my just debts and other necessary expenses. Also I leave for the use of my beloved wife the following negro slzves (viz) ben, Frank, Sal, Ralp, Bob, Isaac, Danile and Ame. All the afore mentioned property both real and personal I say I use and benefit of her my beloved wife only for and during her natural life or widowhood, and then the afore mentioned property to devolve and become the property of my heirs and none other, to be equally divided betwen all of my children namely Peter Miller, Patty Fuller, wife of Archibald Fuller and Sally Wade wife of Henry F. Wade, except the land with its improvemtns and appurtenances as above mentioned which in case my beloved wife should live should marry or after her decease, I give and bequath as follows, first I give and bequeath to Jones F. Miller son and heir at law of my son Jacob Miller and Zella his wife, all that part of said tract of land lying east of a line drawn beginning at a sycamore the corner of my land upon the bank of Jackson's Creek running three poles up the hill to a dead pine thence nearly north to where the way leading from where I live to my still house crosses the Fayetville road from thence a direct course, leaving the still house to the right hand to Archibald Fuller's line, whereone the plantation where my son Jacob Miller now lives with its improvements. I give to him the said Jones F. Miller to him and his heirs forever. Also I give to my son James Miller at the time of the marriage or the decease of my beloved wife Fanny Miller all of the part of the said tract of land lying west of a line drawn beginning on Jackson Creek where it intersects Haman Miller's line thence down the creek to my spring branch thene a direct course to the mine springs thence a direct course to the head of the draw of branch which runs down near the old meeting house and down said branch or drain to the mouth thereof and so a direct course to the line. I give to him and his heirs forever. Also I give to my son Jacob Miller at the time above mentioned all that part of my said tract of land, lying between the said lines as aforesaid and including the plantation whereon I now live with its improvements, I say I give and bequeath the same to him the said Jacob his heirs and assigns forever. Item- I give and bequeath to Jones F. Miller son of the said Jacob Miller and Zella his wife one Negro girl named Zilpha to him and his heirs forever. Item- I give and bequeath to my beloved son Peter Miller one Negro boy named Alex to him and his heirs forever. Item-I give and bequeath to my son Thomas Miller one Negro boy named Wetty to him and his heirs forever. Item-I give and bequeath to my beloved grandson Thomas Miller son and hier of the aforesaid Haman Miller and Frankey his wife one negro boy named Barton to him and his heirs forever. Item-I give and bequeath to my son James Miller one Negro girl named Hannah to him and his heirs forever. Item-I give and bequeath to my son Jacob Miller one Negro slave named Phil to him and his heirs forever. Item-I give and bequeath to my beloved daughter Patty Fuller wife of Archibald Fuller one Negro woman named Jude to her and her heirs forever. Item-I give and bequath to my beloved daughter Sally Wade wife of Henry F. Wade one Negro girl named Vine to her and her heirs forever. Likewise it is my will and desire that my tract of land lying on Jackson's Creek above William Ridge's containing one hundred acres to be sold to the highest bidder also my still and utensils thereunto belonging also be sold and the moneys arising therefrom the sales thereof to be applied to the use and benefit o my estate to defray the ordinary expenses that may accrue. Likewise it is my will and desire that the suit which is now pending in the Superior Court of Equity for the County of Randolph, wherein I myself am complainant and James Daniel and others are defendants should be prosecuted with effect. And in case a recovery is made against them thereone, that the profits arising therefrom be qually divided between all my children. Namely Peter Miller, Hannah Miller, James Miller, Jacob Miller, Patty Fuller wife of Archibald Fuller and Sally Wade wife of Henry F. Wade. And I hereby make and appoint my beloved wife Fanny Miller Executrix and my beloved son Haman Miller and James Miller Executors of this my last will and testament. In witness whereof I the said Haman Miller SEnr. the testator have hereunto set my hand and seal the day and year first above written. Signed sealed and acknowledged by Haman Miller the Testator in the presence of us who were present with each other at the time of signing and sealing and acknowledging hereof. Josiah Lyndon Stephen Henley B. J. (F?) Brookshire