York County ScArchives Wills.....Miller, John January 23, 1840 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Blum-Barton lblumb@gmail.com February 3, 2008, 3:22 pm Source: York Co., Sc Will Book C Pg. 158 Written: January 23, 1840 Recorded: June 7, 1847 York John Miller Decd Last Will & Testament JOS MILLER & G W. WILLIAMS EXORS FILED JUNE 7TH 1847 RECORDED IN BOOK WILLS PAGE 158 C -------------------------------------------------------------------------------- SOUTH CAROLINA} In the name of God Amen - I John Miller being YORK DISTRICT} desirous of settling my worldly affairs & of sound & disposing mind & memory, do make & ordain this my last will & testament in manner & form following sic Item 1. I will and desire that my negroes & all my other personal property of what kind so ever, except as herein after stated, be kept together on my farm or farms after my death & continue to work the same until my youngest child arises to the age of fourteen years.........Should the said youngest child die before arriving at the age of fourteen, then the property after named, except or herein after stated, is to be kept together until the next youngest child arrives at the age of fourteen, or should he or she die until the next youngest arrives at that age. Item 2. I give & devise to my sons, John, James G. Dickson, Thomas & Calvin, all my lands to them & their heirs forever upon the condition however and with the restriction, that my negroes, or above stated continue to occupy & with the same, until my youngest child arrives to the age of fourteen, or the next youngest if the ??? youngest child should die. Item 3. I will & desire that my family, except such members of the same as may marry continue upon the lands & with the negroes, until the time hereinafter stated, for the dur??? of my estate. Item 4. Out of the income arising from the later of my ??? & the occupation of my land. I will & desire my family who remain on the lands as above stated to be decently & comfortably maintained & clothed. The remainder after defraying the expenses mentioned in Item 5 & Item 6 of this my will, to be let out at interest by my Executors they taking note for the same with good security. Item 5. I will & desire that my son Charles Gerome receive a ?????? fine education and that he studys in one of the learned professions and on the completion of his education I will & direct my Executors to pay him the sum of two hundred dollars. The sum & all the money necessary to give him his education & profession to be taken out of the fund arising from the labor of my slaves & the occupation of my lands as above stated. Item 6. I would wish to direct each of my sons as may be of age & single at my death to remain on my plantations & take charge of the negroe & that each one for the said service, should receive out of the proceeds of the crop, the sum of one hundred fifty dollars per annum & I direct my Executor to pay them the said sum. Item 7. Should any of my children who were single, marry before my youngest child arises to the age of fourteen years, or the next youngest in case of the death of the youngest, I will & desire that my Executor give to such child or children so marrying, on their marriage a negroe boy- a negroe woman and a small boy or girl, having regard to the quality ??????? to make the portion of each child as nearly equal as may be and for this purpose my executors are hereby directed to select out of all my negroes, except Julia & Caroline, the negroes to be give as above, and have them appraised by three disinterested persons, such children shall account as hereinafter stated. Item 8. When my youngest child arrives to the age of fourteen or the next youngest in case of the death of such youngest child, I will & direct three negroes to be given to each one of my children by my present wife, except such as may have received them from my Executors as stated above in Item 7 - to be selected & appraised as stated in said 7th Item of my will . These of my said children who receive the most saleable negroes, must account for the difference to these who receive the less saleable. Item 9. All the residue, rest & remainder of my property I will & desire to be divided & disposed of as follows viz I give & bequeath to my wife all my household furniture to be divided amongst her & her children as she sees fit. I will & desire all the rest & remainder of my property, moneys to be divided equally amongst my wife & all my children, she taking a portion equal to a child & in full satisfaction of all claim of dower in my lands. The division to be made by my Executors - and the division of the negroes & stock is to be made as above directed in Item 7 - and also is to include in my wife to have a negroe woman called Julia, the same who is now her cook wench.. and in that of my son Calvin a negroe girl called Caroline. Item 10. Should either my son john, James G. Dickson, Thomas or Calvin, marry before my youngest child arrives to the age of fourteen years, or my next youngest in case of the death of the youngest such son on marrying shall be at liberty than the right to live on some one of my farms & work the same, including a proportionate part of good timber land, until the time fixed for a division of my land & estate. Item 11. It is my will & desire that all monies which may be let out at interest at my death, be loaned out by my executor until a division of my Estate - they securing the payment of same by taking notes & good security. Item 12. I further will & direct that on the marrying of any of my children before the division of my estate as above stated, and on their taking the three negroes above bequeathed wherein the selection shall be made so as to not include my Blacksmith called Jim Williams & my carpenter called Jack Williams, who are foreman on the plantation with my wife until the division of my estate. Item 13. I further give & bequeath to each one of my children by my present wife two horses, two cows & calves, to be given to them on marriage or at the direction of my estate, on the same terms & in the same manner as the three slaves, bequeathed to each of them. Item 14. I will & desire the remainder of my property after taking out that bequeathed in the last item to be divided & disposed of , as directed in the 9th item of this my will. Item 15. I hereby appoint my wife Mildred, executrix & my sons, Joseph & John & my friend G W Williams Executors of this my last will & testament- witness my hand and seal 23 Jan 1840...............John Miller Signed, sealed, published & declared for this last will & testament in presence of us, when in presence of each other & in presence of Testator signed our names as witnesses thereto at his request & on this the 23rd day of January 1840 Ja. Key Kendal W. C. Beatty F. H. Wood Qualified Jos Miller & G W Williams as Exors June 7th, 1847 South Carolina} York District} Personally appeared James Key Kendal & made oath that he was present & saw John Miller sign the above as his last will & testament & that he with W C Beatty & F H Wood who are also present subscribed their names as witnesses, thereto in the presence of said John Miller and he believed said John Miller was then of sound & disposing mind. Dependent from the long lapse of time since the above paper was signed cannot recollect particularly the circumstances attending to the execution of it but knows that the signature purporting to be his is genuine & believes that the above statement made by him is correct there ???? to & executed June 7th, 1847 File at: http://files.usgwarchives.net/sc/york/wills/miller-john01.txt