Will: Henry Miller, 1796: Augusta Co., VA Source: Augusta County, VA Will Book 1A 1778-1826, page 23 Contributor: Diana Lehman ------------------------------------------------------------ In The Name of God Amen I Henry Miller of Augusta County & State of Virginia being sick and weak but of sound mind do publish and make this my last Will and Testament in manner and form following (To Wit) first of all it is my will and desire that all my just Debts be paid Secondly I will & bequeath unto my beloved wife Hanah Miller one hundred fifty pounds per annum for the Support of her and my three youngest children whilst they are under the years of maturity also the mantion house and garden and household furniture during her Natural lifetime if she remains a Widow otherwise if she marrys to have none of the before mentioned priviledges also Two Negroes namely George a young fellow and Camer a young wench also the Inglish Cow and her calf which is two years old and a Sufficient to quantity of hay and pasturage for the same also a good riding horse and food Sufficient for the keeping of him I also will and bequeath unto my son Samuel Miller the plantation Known by the name of the Spungerick plantation I also will and bequeath unto my son James Miller the plantation whereon my paper Mill Stands four hundred acres to be in said plantation to run up the Creek and each side Thereof and as low down the Creek as will be required to make the above mentioned four hundred acres I also Will and bequeath unto my son William Miller the plantation lying on the long glade which I purchased of Edward Erwin including the lands which I purchased of Joseph Henderson which joins the before tract purchased of Edward Erwin I also will the Iron works and all other lands belonging to me that has not been mentioned before (Viz) The lands which I give to my three sons Samuel James and William) to be sold at the expiration of five years and the money arising from the sale thereof to be Equally divided among all my Children after keeping as much as will amount to a sum Sufficient to furnish the sum of one hundred and fifty pounds per annum for the use of my beloved wife as before mentioned which is rachel Lewis Samuel Miller James Miller William Miller Hannah Miller Martha Miller & Henry Miller I will unto my son Henry Exclusive of an Equal division of the money arising from the sale of my lands a Sum of money equal to an third of the value of the three plantations willed unto my sons Samuel James and William at this time which must be valued which Sum of money to him now willee must be taken out of the sales before the Division is made it is my will & Desire that my sons William & Henry shall have a good English Education and after that I wish my two sons William & Henry to be put to some good Mechanick to learn the art and mastery of his ocupation it to be to Such trades as they shall chose I also Desire that the Iron works shall be carried on by my son Samuel Miller until the Expiration of the above five years and the profits arising from the same during that time to be Equally divided amongst my Children all owing my son & his familys support from the profits the negroes belonging to me and all other Personal Estate to remain in the possession of my son Samuel until the five years above mentioned is expired and then to be sold and the money divided Equally amongst all my children Except to my Daughter Hanah I will a negro child named Milly and unto my Daughter Martha I will a Negro child named Nancy, any buildings that my son Samuel Shall think proper to make on the said lands that is to be sold or repairs to be at the Expence of all my Children my son Samuel is to be allowed a reasonable Sallery for the management of the business that is to be done on the behalf of my Children During the term he Shall carry on the Iron works If any of my children should die before they arrive to the age of twenty one years and have no heirs then there estate to be divided amongst my other Children Equally and at the death of my wife the two Negroes George and Camer & her Increase to be sold and divided as the other of my personal Estate I give to my Children and their heirs forever the things before mentioned I now appoint my son Samuel Miller John Lewis and my son James Miller to be my Executors of my last will and testament and revoke all wills heretofore mad in witness whereof I have hereunto set my hand and seal this ninth day of March one thousand seven hundred and ninety six in presence of I desire that when the Iron works and other lands is sold that my Executors shall provide a Comfortable House and a good Garden for my wife at the Expence of all my children for her during her life if she remains a Widow as before mentioned. Samuel Forsythe Henry Miller (Seal) Jeremiah Webb Saml. Miller James Miller At a District Court holden at Staunton April Term 1796 This last Will & Testament of Henry Miller deceased was produced in Court by Samuel Miller & John Lewis two of the Executors therein named & being provd. by the oaths of Samuel Forsithe & Jeremia Webb two of the witnesses thereto is ordered to be record and on the motion of the said Executor who made oath according to law and together with George Crawford Archibald Stuart John Poage Robert Grattan William Mcpheeters Alexander St Clair Peter Heiskell & Jacob Kinney their Securities entered into and acknowledged their Bond in the penalty of eight thousand pounds conditioned as the Law directs certificate is granted them for obtaining a probat in due form of Law liberty being reserved for the other Executor in the said will named to join in the probat when he shall thing fit and it is ordered that Alexand Robertson Samuel Forsythe David Bell and John Gamble or any three of them being first Sworn do appraise in current money the slaves & personal estate of the decedent & return the appraisement to this Court according to Law. Pse..ie John Coaller CSD... H. Miller Exec Bond Know all men by these presents that we Samuel Miller John Lewis Alexander StClair George Crawford Archibald Stuart Jacob Kinney Robert Grattan John Poage William McPheeters & Peter Heiskell ...and firmly bound to William ...Gentleman...of the general court & now sitting in the District of Staunton in the sum of ... thousand pounds to the payment whereof will and truly to be made to the said ... and their Successors we bind ourselves and each of us our and each of our Heirs Executors and Administrators...by these presents...this first day of April Anno Dom one thousand s... hundred and ninety six and in the 20th year of the Commonwealth. The condition of this obligation is that if the said Samuel Miller & John Lewis Executors of the last will and testament of Henry Miller ... deceased do make a true and perfect inventory of all and Singular the goods chattels and credits of the said deceased which have or shall come in the hands possession or knowledge of them the said Samuel & John or unto the hands or possession of any other person or persons for them and the same so made do exhibit into the District Court holden at Staunton at Such time as they shall be thereto required by the said Court and the same goods & chattels and credits do well and truly administer according to Law and make a just and true account of their actings and doings therein when thereto required by the said Court and further do well and truly pay and deliver all the legacies contained and Specified in the said will as far as the said goods chattels and credits will extend according to the Value thereof and as the law shall charge then this obligation to be void or else to remain in full force Sealed and delivered Samuel Miller (Seal) in the presence of Jno Lewis (Seal) John Coaller CSDC George Crawford (Seal) Archd. Stuart (Seal) John Poage (Seal) R Grattan (Seal) Wm Mcpheeters (Seal) Alexr StClair (Seal) P Heiskell (Seal) J Kinney (Seal) ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, this document 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 or a legal representative of the contributor, AND you provide the listed USGenWeb archivist with proof of this consent. ******************************************************************