Wythe County, VA - Will Book 5 (partial) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ In the name of God, amen. I, Martin Miller of the County of Wythe and State of Virginia, being old and weak in body, but of sound mind and disposing memory for which I thank God and calling to mind the uncertainty of the human life, and being desirous to dispose of all such wordly estate, as it has pleased divine providence to bless me with; I give and bequeath the same in manner following; that is to say: 1). I give and bequeath to my grandchildren CATY WISMAN, MARTIN BROWN, JOHN BROWN, and POLLY BROWN, fifty dollars to each of them. 2). I give and bequeath to my grandchildren ELIZABETH, JOSEPH, REBECCA, ISAAC, AMANDA, JOHN, and MATILDA, who are the children of my MARTIN, dec'd, one hundred dollars to each of them. 3). I give and bequeath to my two sons ISAAC and DAVID and to their heirs all my land on the South Fork of the Reed Creek and the waters thereof, being in five parcels and adjoining each other which tracts I have divided between them by the following courses, to wit: Beginning at a white oak near a new road, near Meadow Branch on a line of Peter Vaught, and running thence along and near said road N221/4W 10 poles, N32 1/4 W 14 poles, N 21 1/2 W 8 poles, N 1/2 W 22 poles, N 8 1/2 W 30 poles, N23 W 30 poles, N 363/4 W 21 poles, N 11 1/2 E 20 poles, to a white oak by said road N 43 3/4 E 6 poles to a large white oak, N 62 E 26 poles to a white oak by said road, N 28 E 16 poles, N 5 3/4 E 45 poles to a white oak, in Stanger Lane, and with the same at N 13 1/2 W 89 poles to a stake in the middle of the Rye Valley Road, and with the same S65 1/2 W 40 poles, N 8 W 20 poles to a stake, N 74 W 17 poles to the South fork of Reed Creek, and up the same S 12 W 15 poles to a stake in the middle of said last named road, and with the same S88 1/2 W 22 poles, N 83 1/2 W 38 poles to a white oak at the fork of said road, thence with the ridge was N 62 3/4 W 52 1/2 poles to a Spanish oak by the same, N 83 1/2 W 38 poles to a white oak. N 51 W 54 1/2 poles to between a black oak and bushy sapling on the opposite side of the road, and on a line of George Wampler: Now all that part of the land, lying on the left hand or South side of this division line, I give and bequeath unto my son ISAAC and his heirs forever, and all the land lying on the right hand or North side of this division line I give to my son DAVID and his heirs forever. And also the saw mill which is built on my son ISAAC'S part of the land, but the grist mill shall belong to my son ISAAC; and my son DAVID shall have priviledges to grind his own grain therein toll free and my son ISAAC shall have priviledges to saw on DAVID'S saw mill any timber he wants for his own use and without pay. And whereas the dwelling house and barn are situated on DAVID'S part of the land, it is my will and order that my son ISAAC shall enjoy the use thereof equally with DAVID, until he shall build a house and barn on his own premises, one mostly of the labor and expenses shall be defrayed by my son DAVID. It is also my will that my two sons ISAAC and DAVID shall jointly enjoy the spring and springhouse, which is on DAVID'S part of the land, unless my son ISAAC should build a springhouse to that spring for his own use. And for all these lands with the appertenances, I charge my sons ISAAC and DAVID two thousand dollars each mainly as herein divided. 4). It is my will and order that two sons ISAAC and DAVID shall keep and repair when necessary the mill dam of the saw mill and gristmill jointly. 5). It is my will that my two sons JOHN and CHRISTIAN, to whom I have already given land and property which I have charged to them in a book kept by me for that purpose shall finally be made equal with my two sons ISAAC and DAVID, who are also charged in the same book for property received besides the land. 6). I order that my executors herein named shall pay the above respective legacies to my grandchildren herein named, out of the proceeds of my personal estate and slaves within one year after my death, and the balance, if any, to be divided between my two sons JOHN and CHRISTIAN, to make theirs equal with my sons ISAAC and DAVID. And if it should so happen that the balance of the proceeds of my personal estate and slaves should not be sufficient, after first paying the respective legacies to my grandchildren herein named, to make my sons JOHN and CHRISTIAN equal with my sons ISAAC and DAVID, then in that case, my two sons ISAAC and DAVID shall pay unto my sons JOHN and CHRISTIAN so much as will make all four equal in distribution; while payments shall commence one year after my decease and shall not be more than one hundred dollars from each annually until all four are equal. And lastly, I do hereby constitute and appoint my two sons JOHN and DAVID executors of this my last will and testament, hereby revoking all other or former wills by me made. In witness whereof I have hereunto set my hand and seal, this third day of June 1837. Martin Miller Witnesses: John Stanger Peter Phillippe At A Court held for Wythe County at this Courthouse on Monday, the 10th June, 1839. This the last will and testament of Martin Miller, dec'd was presented in Court, proved by the oaths of John Stanger and Peter Phillippe, the subscribing witnesses thereto and ordered to be recorded. And on the motion of John Miller and David MIller, the executors named in said will who took the oath prescribed by law and together with John Stanger and John A. Sanders, their securities entered into and acknowledged a bond in the penalty of $4000 conditioned as the law directs, certificate is grantedthem for obtaining probate of said will in due form. J.P. Mathews Wythe County, VA, Will Book # 5, pg 216. Submitted by Janie Dillon