Will of John B. Miller

Will of John B. Miller
Signed 4-May-1848
Recorded 12-Aug-1848

Sources: Copy found within Lawsuit #7041, WILLIAM TROUSDALE vs. VINES COLLIER JR. of Sumner County, TN. The will is also listed in the Will Records at Sumner Co. Archives.

Transcribed by Nathan Knight
267 Ragland Road, Cottontown, TN 37048
©1999

I JOHN MILLER, being of sound and disposing mind, do make this my last will and testament, revoking all wills by me at any time heretofore made.

I give and bequeath to my beloved wife LUCY MILLER and her heirs forever, in lieu of dower, one negro Girl about fifteen years old, of first rate quality which I intend to purchase before my death, but if I do not make said purchase before my death, I hereby direct my Executors to make it out of the money arising from the sale of my stock and crop on hand, or growing at my death. I also give my said wife LUCY one horse saddle and bridle, one bed, bedstead, and furniture, one bureau, and one hundred and twenty dollars a year payable annually during her natural life to be paid out of the annual hire of my negroes.

I will and bequeath that my tract of land on which I now live, of two hundred and thirty three and a half acres, be sold on a credit of one, two, and three years, in equal installments, at public sale to the highest bidder, being first advertised forty days in same public newspaper printed in LEXINGTON, KENTUCKY and NASHVILLE TENNESSEE, also in LOUISVILLE, KENTUCKY, and GALLATIN, TENNESSEE.

I will that all my stock of everything not otherwise disposed of by this will, be sold by my Executors, and all my household and kitchen furniture, and farming tools and utinsils [sic] on a credit on one year and the fund arising from the sale, after purchasing a negro girl for my wife LUCY MILLER, should I fail to make said purchase myself, and paying off and discharging a note due from me to ELIJAH BODDIE Esqr. for nine hundred dollars and interest, which I borrowed from him - together with the fund arising from the sale of my land -- I give and bequeath equally, in five shares as follows to wit I give

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and bequeath to my grand daughter ELIZA FIELD by the request of her Father, ANDERSON MILLER, one equal fifth part of said fund, to her and her heirs forever. I give and bequeath to my Grand son JOEL MILLER -- son of BEVERLY MILLER one equal fifth part of said fund, to him and his heirs forever - but to be drawn from my Executors by his father BEVERLY MILLER without security being given, upon the receipt [?] of the said BEVERLY MILLER alone. I give and bequeath to the heirs of my deceased son, JOHN MILLER and their heirs for ever, the one fifth part of said fund. I give and bequeath to the heirs of my deceased son JAMES MILLER and their heirs for ever the one fifth part of said fund. I give and bequeath to my daughter SARAH JONES, the one fifth part of said fund and a negro woman named HANNAH, with remainder to her daughter SUSAN COLLIER, after the decease of her Mother, and on paying over to my daughter, my Executors, are to require bond and security for payment of the remainder to SUSAN should she survive her Mother. But should my grand daughter SUSAN COLLIER die without heirs of her body, living at her death, then I give and bequeath her share of the fund heretofore given in this will and the negro woman HANNAH to be equally divided amongst the following Legatees, to wit. ELIZA FIELD, daughter of ANDERSON MILLER, and JOEL MILLER to have one fourth each and the heirs of JOHN and JAMES MILLER deceased one fourth each set of heirs.

I will and bequeath that my negroes HARRY, JERRY, JULIUS, LEWIS, and CHARLES be hired out annually to persons with whom they may respectively wish to live, and that said negroes each receive annually, during the life of my wife LUCY MILLER six dollars out of his hire, and the balance, should there be any, after paying my wife LUCY MILLER annually one hundred and twenty dollars to be loaned out at interest annually as a fund in reserve to keep said negroes from becoming a County
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Charge, and to supply their wants, should they live to be old and helpless.

I will that at the death of my wife LUCY MILLER, said negroes be hired out as before, during their respective lives, and that each of them secure annually one half of his hire during life, the balance of said hire to be annually loaned out by my Executors to prevent said negroes from becoming a County Charge; and at the death of all of said negroes, the fund remaining, I give and bequeath to the AMERICAN BIBLE SOCIETY.

I will that twenty-five feet square of Land, including the grave yard of my deceased wife SUSAN MILLER and my deceased daughters, shall not be sold, but shall be kept as a burying ground for myself and family, and that my Executors enclose my grave with a suitable Tomb Stone - and the Grave Yard with a new [?] stone wall at my expense.

And lastly, I nominate and appoint my friends ELIJAH BODDIE, BRIGHT B. HARRIS, HARRIS ODOM, and CHARLES WATKINS my Executors to this my last Will and Testament. In witness whereof I do to this my last will, set my hand and seal, this fourth day of May 1848.
JOHN MILLER (seal)
Signed, sealed, and published in our presence, and
we have subscribed our names thereto in the presence
of the Testator.
C.[?] H. GRAY
JOHN KIRBY
STATE of TENNESSEE ) I, WILLIAM S. MUNDAY, Clerk of the County Court of SUMNER COUNTY ) said County, do hereby certify that the foregoing contains a full, true, and perfect transcript of the original will of JOHN MILLER, as now appears of record in my office, this 12th day of August A.D. 1848.
WILLIAM S. MUNDAY, Clerk



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