YORK COUNTY, SOUTH CAROLINA - WILLS - MILLER, Joseph Sr. July 7, 1821 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ Contributed for use in the SCGenWeb Archives by: Linda Blum-Barton Source: York Co, Sc Will & Probate Records Written: July 7, 1821 Recorded: February 3, 1823 Transcribed from copies received at the York County, SC courthouse of the probate/estate file of Joseph Miller, Sr. of York County. These copies are of a type written transcription.. Case 29 File 1203 A copy of the last Will and Testament of Joseph Miller, dec’d. A.D. 1821 WILL OF JOSEPH MILLER STATE OF SOUTH CAROLINA -------------------------------------------------------------------------------- The State of South Carolina ) York District) In the name of God Amen. I Joseph Miller Senior of the district and state aforesaid being of weak body from my advanced age in life, but being of sound and disposing mind, do make ordain and publish this my last will and testament in manner and form following Viz. 1st. It is my will and desire that I may be decently buried by my Executors hereinafter to be named and that they do purchase a head and foot stone for my aged wife and self and for this purpose they are to retain out of the portions willed to my sons Joseph and John so much money as may be required to make such purchase; each one bearing one half thereof. 2nd. It is my will and desire that my said wife, should she survive me be supported free from any kind of want, during her life; and that my executors do attend to the Special and particular Execution of this part of my will and for this purpose shall furnish her with two hundred weights of good flour, forty weights of good sugar, ten weights of good coffee, forty bushels of corn and as much fodder as may be necessary for her per year, and also such other necessaries as her happiness and comfort in life may require, and that this be supplied by my executors out of the interest of all debts that may be owing to me at my death which I especially set apart for her support and maintenance during life; also it is my further will and desire that my said wife be permitted to live in the House we now occupy and I hereby vest in her during her life as aforesaid, all the title priviledg and advantage I now own possess and enjoy houses and Lands where I now live for her to live in and upon during her said life, and this to be in lieu and barr of all and every claim if dower my said wife may have to any of my said lands. 3rd. To my son Joseph Miller I will and bequeath the plantation whereon I now live, and control of three tracts or parts of tracts out of which 1 lot of John Aikens, another of the son of Philip Walker, and the other of James Rusk containing in the whole about two hundred acres more or less, I also will and bequeath to my said son Joseph a negro woman named Lett and her children now in her possession; the above property that is to say, the land and negroes above described I will and bequeath to my said son Joseph during the term of his natural life, but not to be subject to his contract forfeitures or incumbrances and at his death I will and bequeath this said property to such of his lawful child or children as may be living at the time of his death, share and share alike them and their heirs forever. but that my said will may not be misunderstood, my son Josephs right to the said land only commencess at the death of my said wife. 4th To my son John Miller I will and bequeath two hundred and fourteen acres of land more or less, being the tract I bot of James Rusk, on the waters of fishing Creek, I also will and bequeath to my son the following Negroes towit, Bob, Conney and her children now in his possession the above land and negroes I will to my said son John during the term of his life but not subject to his contracts forfeitures or incumbrances; and at his death, I will and bequeath the said property to my three grandchildren Joseph, Drusillah and Jane Miller children of my said son John by his first wife, them and their heirs forever, but if either of my said Grand children should die without leaving any child or children, or before arriving to the age of twenty one years then the portion of such deceased child shall descend to the pervision of such my said grand children share and share alike forever. 5th. I will and bequeath to my daughter Rachael the wife of Oliver McClain one hundred and fifty dollars in cash to be paid by my executors at the death of my wife, or as soon thereafter as convenient but upon this condition that her husband shall Execute above to my Executors with such security as they may require, at the death of my said daughter Rachael will and truly to pay to her children the sum of one hundred and fifty dollars and should the said Oliver McClain refuse to give such bond, then I direct that my executors should lay out the one hundred and fifty dollars in property or place the same at interest in good hands for the use and benefit of my said daughters children, to be paid them when they marry or arrive at the age of twenty one years, and should any of her children (die) without issue or before they arrive at the age of twenty one years, then the portion of such deceased child or children shall descend to the survivor and their heirs forever. 6th. I will and bequeath to my daughter Mary the wife of Hugh Simpson one hundred and fifty dollars on the same terms conditions and restrictions and under the same limitations as are mentioned in the fifth clause of this my will to my daughter Rachel. 7th. All the debts that may be owing my estate after the death of my wife, and after the paying the Legacies above to my two daughters I will and bequeath to my two sons Joseph and John for their use during their lives but at their deaths, to be accounted for without interest to such of their children as may be living at the time of the deaths of them the said Joseph and John share and share alike to them and their heirs forever Viz the said Joseph share to his children and the said Johns to his. 8th. I will and bequeath to my said wife during the term of her natural life the use of my house hold and kitchen furniture, also the use of my stock of horses, cattle Hogs and Sheep, and at her death the same together with my wearing apparel to be equally divided amongst all my children. 9th. I will and direct that my Executors do pay the Rev’d W. Dickson the sum of twelve dollars for preaching four sermons on week days Viz two at my house, and two at my son John’s. 10th. I nominate and appoint my friend Capt’n John Blair and Thomas Williams, Jr Executors to this my last will and testament hereby revoking and setting aside all other wills by me heretofore made. In testimony whereof I have here unto set my hand and seal this seventh day of July in the year of our Lord one thousand Eight hundred and twenty one, and in the forty sixth year of American Independence. his Joseph Miller (seal) mark Signed, sealed and acknowledged in our presence, who in the presence of the testator and at his request have signed our names as witnesses thereto. John Bailey Samuel Wright James Galloway Probated February 3, 1823 Will Book “G” P-94 Case No. 29 File No. 477 Feb 3, 1823 Proved the last will & testament of Joseph Miller decd by the oath of John Bailey .......(this is on the copy of the original will and cannot read the balance) -------------------------------------------------------------------------------- Warranty of appraisement Joseph Miller deceased Last Will & Testament Thos William Esq} Capt Jno Blair } Exrs Mat Carroll} Ina Burrow} Dav Watson} Appraisers Wm Berry} Capt G Durham } Feb y. 3~ 1823 Recorded Page 97898 Books G............? SOUTH CAROLINA WARRANT OF APPRAISEMENT York District By Benjamin Chambers Ordinary of said district. These are to authorize and empower you, or any three or four of you, whose names are here under-written, to repair all such parts and places within this state, as you shall be directed unto by Thos Williams Esq and John Blair named Executors of the goods and chattels, rights and credits of Jos Miller Sr. late of the said district, deceased, wheresoever any of the said goods and chattels are or do remain within the said parts and places, and which shall be shown unto you by the said Thos Williams and John Blair and there view and appraise all and every the said goods and chattels, being first duly sworn on the Holy Evangelists of Almight God, to make a true and perfect Inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you, unto the said Thos Williams and John Blair on or before the first day of may next. Witness Benjamin Chambers, Esquire Ordinary of the said district, the third day of February in the year of our Lord one thousand eight hundred and twenty three and in the forty sixth year of American Independence. To Messrs. Matthew Matthew Carroll, Ina Barrow, David Watson, Wm Berry, & Capt G Durham............Benj Chambers Ord Memorandum, That on the fourth day of February in the year of our Lord one thousand eight hundred & twenty three personally appeared before me Elias Robertson one of the Justices assigned to keep the peace in York District John Baron, David Watson and Mathew Carrol being 3 of the appraisers appointed to appraise the goods and chattels of Joseph Miller Sr late of the said district, deceased, who, being duly sworn, made oath, that they would make a just and true appraisement of all and singular, the goods and chattels of the said Joseph Miller, Sr. deceased, as shall be produced by John Blair and Thomas Williams executors of the estate of the said deceased, and that they would return the same, under their hands unto the said John Blair and Thomas Williams Exrs on or before the fifth day of Feby 1823. Sworn the day and year} John Barron above written, before me} David Watson Elias Robertson, ?? Matthew Carrol Appraisement Bill Joseph Miller estate Returned on oath by John Blair May 17, 1823 Recorded .....?? South Carolina} A true and perfect inventory York District} of all and singular the good and chattels of Joseph Miller Snr , late of the District aforesaid Dec’d . Made by the undernamed sworn appraisers on the 4th day of February 1823. -------------------------------------------------------------------------------- Negro woman named Let 350.00 Hanna $300 & a negro boy Johnathon $200 500.00 1 girl Linda’s $150 Mary $100 250.00 1 Boy Milas $75 75.00 1 boy Bob $300 1 girl Fanny $325 625.00 10 head of nags 10.00 1 herd 25.00 2 dry cows ea at $12 1 young cow at $11 35.00 1 gerlin ? calf 1.00 7 sheap 8.75 Corn by the bushel 50 cents Fodder pr hundred $1 1 team and tackling 11.00 2 pitch forks a spade and ax 2.50 Household and kitchen furniture 105.50 Flower Pr Hundred $4 2 Pieces of Cloth Pr yd 3/4 cents 15 Notes 766.56 1/4 Receipts for Notes to collect 251.00 1 account on Hugh Simpson 5.00 _____________ $3326.31 3/4 Give under our hands the day and year above written. John Barron} David Watson} Sworn Appraisers Matthew Carrol} Sale Bill of the estate of Jos Miller decd Sworn the return by Thos Williams may 10, 1823 Recorded Book F Page 392 Sale Bill of the Estate of Joseph Miller deceased sold 22d Feb 1822 John Yarborough crier of sale Joseph Miller 1 Black sow & four pigs & 4 shoats $7.62 1/2 John Miller 6 Ewes & Two lambs 6.00 Joseph Miller 1 Bay Horse 24.00 Joseph Miller Loom & Geers 10.06 1/2 Hugh Simpson 1 Cow Half 8.00 John Miller 1 Black Cow 8.00 Tho Simpson 1 Axe .90 Jos Miller 1 Spade 1.00 Jos Miller 1 Pitch Fork with handle .62 1/2 John Miller 1 Dungfork or pitch fork no handle .37 1/2 Jos Miller 1 Yearling Calf 1.00 Jos Miller 1 Large pot 2.31 1/4 Jos Miller 1 half bushel .90 Ol Mclain 3 old barrels .31 1/4 $71.11 1/2 Thos Williams Jr} Exrs John Blair} John Blair one of the Exrs of the last will & testament of Jos Miller decd Settlemtn Jan y 23, 1824 Recorded Book G Page 215 John Blair one of the Exrs of the last will & testament of Jos Miller Sr settlement To the amt of sale bill $71.11 Cash found at his death 22.81 15 notes of hand at interest 743.75 Recd May 12, 1823 and year ........? Robt Davidsons note 4.20 Recd Oct 30, 1823 Interest on a note of Alex Miller 2.00 Jan 17, 1824 Rec the Int } on John Fewells note KC} 7.20 11.40 $811.08 cash & credit By Cash paid old Mr. Miller $2.81 1/7 amt paid Maj .......& appraisers 4.00 John Yarborough crying sale 2.00 Cash pd Jno Miller to buy Whesley?} for the service.......} 4.00 Rt Davidson for receipt 1822 .93 3/4 Ordinary fees 9.37 2 Aug John Cavary for head stone 16.00 39.12 $811.95 Sworn to before me Jany 23, 1824 Benj Chambers Ord John Blair exr } of Joseph Miller Est} return 1824 Jan y 15th 1825 Recorded Book F Page 283 The Exr of Joseph Miller decd in Acct current with said Estate 1824 Jan To amt assets of last return to Ordy $13.60 8..97 68 1/2 Jan 4 To 2nd________ Wm Presley’s est. 77.79 251. ~~ Aug 12 To Interest from Thomas Simpson’s 1.36 ~~ ~~ note Dec 1 To Interest on Thos Duncan’s note 1.37 _________________________ $93.62 $10.88 63 1/2 1824 jany By Cash paid _______in 1823 _______________- $39.12 1/2 Jan 24 By amt paid John & Joseph Miller in 347.05 3/4 past their portions receipt May 3 By cash paid __________________ 7.31 1/4 May 3 By cash paid Rev Wm Dickson for service 12.00 undertaken will request Nov 23 By cash Paid amount to Oliver McClain in 100.00 part his legacy for rect___________________________________________ _____________$505. 48 3/4 _____15th 1825 Benj. Chambers Capt John Blair John Miller Thos William May 26 Recorded Book F Page 436 The Exr of the estate of Joseph Miller’s said estate Dec 31 1824 To amount of last years return $93.62 3/4 R1008.68 1/2 Jan 5 1825 To Interest recd on Thos Barron’s note $3.10 $96.62 3/4 R1088.68 1/2 ditto ________? Jan 15 1825 By Cash paid Benjamin Chambers $1.18 3/4 Nov 7 By cash discounted with Hugh Simpson $100.00 in part his legacy for ect...... $101.18 3/4 Jan y 18 1826 By goods furnished Mrs. E. Miller B_____ $4.75 Jan y 26 1826 Ordinary for this day of ________ $1.06 $96.62 3/4 $987.49 3/4 5.12 ________ $96.62 3/4 $981.68 3/4 Sworn to before me Jan y 20 Benj Chambers Ord. John Blair Exor Acct current with Joseph Miller’s est. June 25th, 1827 Recorded in Book H Pages 134, 135 & 136 ____________________for Benj Chambers Ord John Blair (Exor) in acct current with the estate of Joseph Miller Dcd 1823 int Recd feb 4 To Jno Miller & Joseph Millers negros used to .........appraised at ................. $2105.00 To 15 notes of hand payd transfer 0 amt 743.75 acct against Hugh Simpson 5.00 To 2 notes Wm Presley Int to 6th May 1825? 77.79 251.00 “ 22 To amt sales thru date in 2 notes ???? to July 1827 14.53 71.11 3/4 To cash on hands at ???? deceased 22.81 3/4 1827 May 22 To sales of ______personal property in _________________& cash in $66.~~ 4.11 61.89 July 1 deduct dis___________???? “ To interest on 7 of the above 15 notes 41.92 “ To ______on 8 notes on hands to this date 161.50 $295.74 3260.57 1/2 295.74 1/4 $3556.31 3/4 Sworn to before me June 25, 1827 Benj Chambers Ord. 1823??? By amt Jon & Jos Millers negroes dcd through at ??????? 2105.00 1824 Jany 23 By Cash ??????????????????????/ 39.12 1/2 Jan 24 By amt Jos Jr & Jno Miller ?????/in part their???? 347.05 May 23 By amt ?????????????? & Wm Dickson 19.31 Nov 23 Pd to Oliver McClain in part his legacy ????? 100.00 466.36 1825 Jan y 15 By Cash Pd ordinarys ??/?? 1.18 Feb 7 By pd H. Simpson in part his legacy ???? $100.00 1826 Jany 26 By amt ??????????????????????????????? 5.31 106.99 3/4 1827 Mar 14` By Cash pd ?????????/Hannah his ??? accepted 6.37 April 24 By ??Jno & Jos Miller for a coffin ??????? 2.00 May 22 By amt any acct ?? E. Miller from 26th Jan 1826 32.37 1/2 “ “ By credited ?? Yarborough for ???? ???????? 2.00 43.25 1826 Aug 20 By eal? Oliver McClain legacy to pay him this date 50.00 ‘ deduct interest on $100 advanced from 23 Nov 1823 12.25 “ add Int on $50 from this date to 1 July 1827 8.01 “ “his 1/4 sales of personal property pay by wife 30.88 77.64 “ By eal? Hugh Simpson’s legacy to pay him 50.00 “ deduct int on $100 advance Feb 1825 10.74 “ add Int on 150 from this date to 1st July 1827 3.01 “ 1/4 of 127..53 sales of personal property pay by wife 36.88 79.15 By ????? pay to him this day $2917.52 1/2 By Exor ???????????????on $1451.31 $72.56 1/2 By Bal pay to Jno & Jos Miller $566.22 3/4 $3556.31 3/4