Rockbridge County, VA Will Book 8, pp. 431-432.
William Miller's Will, made 20 May 1840, proven 30 November 1840.
In the name of God Amen. I William Miller of the County of
Rockbridge and the State of Virginia being weak in body but of sound
and disposing mind and memory do make and publish this as my last
will and testimony in the manner and form as follows (to wit).
1st. I resign my soul to God who gave it and my body to the
dust from whence it came to be buried at the discretion of my
friends.
2nd. I allow all my just debts to be paid for which payment
I will herein make provision.
3rd. I give and bequeath to my son Henry Miller the place on
which he now lives containing one hundred and seventy five acres
more or less with all appurtenances, to him and his heirs and
assigns forever.
4th. I give and bequeath to my son James Miller the
plantation on which he now lives lying south east of my home place
containing one hundred and fifty five acres with all its
appurtenances to him his heirs and assigns forever.
5th. I give and bequeath to my son Thomas L. Miller the
plantation known by the mill place including a piece off the plat
now given to my son Henry Miller and lying near and adjoining the
lands of Robert Short, one containing one hundred and eleven acres
with all its appurtenances to him and his heirs and assigns forever.
6th. I give and bequeath to my son William Miller the
plantation I bought of Rust from the present great road back towards
the mountain including all my lands on that side of said road not
before willed to my son Henry containing three hundred acres more or
less to him his heirs and assigns forever.
7th. I give and bequeath to my daughter Martha L. Pressley
all my household and kitchen furniture reserving to William and
Nathan a bed and bedding for each of them and a desk a piece.
William to have the one in the out room all the rest of my personal
estate except my negroes I allow to be sold at publick sale as soon
as convenient after my death except my roane mares colt which I give
to my son Nathan, and I allow my home place to be sold but first I
allow James to have first offer and if he will take it at ten
dollars per acre and pay it in three years after my death to equal
annual payments and if James does not see proper to do so nor take
part of the place as above then William is to have the same offer
and if he donít see proper to do so then it is my will that said
land shall be sold publick sale as soon as a fair price can be
obtained for it, and when my personal estate and land is sold and
the money arising tharefrom (sic) is collected together with all the
moneys that may be on hand with notes bonds or other moneys coming
to me from others is collected after paying my just debts and
funeral expenses that the rest be equally divided among my children.
With respect to my negroes I allow Fancy to be free and
Beckey I allow William till her daughter Margaret comes to be
fifteen years of age for this time of Beckey William is to pay his
sister Martha L. Pressley fifteen dollars per year for each year she
may serve hereto him and at the expiration of the above time if
there is or should a provision in the law that she said Beckey can
be free she is to remain with William in the capacity of a hired
servant and to be as such and her two youngest children Mary and
Joseph is to be with her and William is to keep them till they are
at the age of twenty one years at which time they are to be free and
said William is to give each of them two good suits one on and one
off and find them comfortable boarding and lodging during the time.
As to Jacob and James I allow them to remain with some of my
children till they arrive to the age of twenty one years at which
time they are to be free but which ever of my children them or one
of them they are to give him or them two good suits one on and one
off and pay the estate eight dollars per year for their services.
As to Nathan¹s share of the division as it is named above it
is my will that is shall remain in the hands of my Executors and
they are to pay it to him as thay (sic) in thair (sic) judgment may
think his needcessitys (sic) require it.
I reserve the grave yard for a burying ground for the family
as it is now walled in and its my will that it shall not be conveyed
to any person or person whatsoever.
It is my will that this estate shall be settled by my
children and I do not allow any of them to bring any claims against
me as I think thay (sic) can justly have none.
Lastly, I appoint my sons Henry and James Miller sole
Executors of this my last will and Testament hereby revoking and
annulling all former wills by me made in witness whereof I have
hereunto set my hand and seal this 20th day of May on the year of
our Lord one thousand eight hundred and forty.
Signed sealed and delivered by the above named William
Miller to be his last will and testament in the presence of us who
have hereunto subscribed our names as witnesses in the presence of
the Testator.
William Miller
Witness:
William Hopkins
Benjamin Selph
William Crawford
William M. Cash
At Rockbridge County Court, November 30th 1840.
The last Will and Testament of William Miller
deceased was produced in Court proved by the oaths of William
Hopkins, Benjamin Selph, and William M. Cash subscribing witnesses
thereto and ordered to be recorded. And on the motion of Henry
Miller and James Miller the executors named in said will who made
oath according to law and together with John D. Houston, Benjamin
Selph, James Montgomery, and William Ackerly their securities
entered into and acknowledged a bond in the penalty of twenty
thousand dollars conditioned according to law, certificate is
granted the said Henry Miller and James Miller, to obtain a probate
thereof in due form of law.