John Miller's Will (December, 1806)

 This is my file copy of a Facebook post July 10, 2021. 

JOHN MILLER'S WILL
This link is for my Kentucky family and others tempted to imagine they have no connection with the institution of slavery.  
It can be found in the online transcript of a genealogy book History and genealogies of the families of Miller, Woods, Harris, Wallace, Maupin, Oldham, Kavanaugh and Brown (1907).

In the name of God, Amen, I, John Miller, of Madison County, and State of Kentticky, do make and ordain this my last will and testament, revoking all others by me heretofore made. In the first place, it is my will and desire that all my jtist debts be paid by my

Exectitors hereafter named as soon as conveniently may be after my decease. I give to my beloved wife, Jane Miller, during her natural life, and no longer, the plantation and tract of land whereon I now live, including the tract which I purchased of my son, Robert Miller, and also the tract I purchased of Cornelitis Maupin: also all my negroes, live stock, household and kitchen furniture, all my unmentioned estate, after satisfaction and payments of my just debts, bequeaths and devises, hereafter mentioned, for and during the said term of her nattiral life, to be in full satisfaction of and in lieti of dower in my real and personal estate.

I give to my son, Robert Miller, and his heirs forever, twenty acres of land to be in a square and to be taken off of the east corner of my tract of land on which the town of Richmond stands. Also, one negro.

I give to my son, William Miller, and to his heirs forever, and to my son, John Miller, Jun'r, and to his heirs forever, the tract of land on which the said town of Richmond stands, to be equally divided between them, by stich division line as they may agree upon, but it is to be understood that the devise is not to include or extend to any property I may hold within the boundary of said town, nor to any part of said tract I may have sold by written or verbal contract, nor to the part before devised to my son Robert.

I devise to my son, Thomas Miller, and to his heirs forever, one tract of land lying in the said county near the said town of Richmond which I purchased from Elijah Gaddy, containing one hundred acres. Also, two negroes.

I devise to my son, Delaney Miller, and to his heirs forever, one hundred and forty acres of land, being part of the tract whereon I now live, which I purchased of my son, Robert Miller, and Cornelius Maupin, to be laid off of the south end of said tract, and not to come nearer to the dwelling house than three hundred and fifty yards, to extend up the line between me and John Patrick and the improvement for quantity. Also, two negroes.

I devise to my son. Garland Miller, and his heirs forever, the balance of the aforementioned tract of land whereon I now live, be the same, more or less, except the part already devised to my son Delaney Miller, to be laid off in the manner and form before mentioned, or any other way they may agree upon to suit themselves, to have and enjoy the same after the determination of the other therein before devised to his mother. I, also, give him two negroes.

I devise to my son, Joseph Miller, and his heirs forever, one tract of land lying on the waters of Paint Lick Creek, deeded- to me by David Wells, containing two hundred acres, be the same (more) or less. Also two negroes.

I give to my daughter, Anna Reid, one negro.

I give to my daughter, Elizabeth Kavanaugh, one negro.

I give to my daughter, Jane Lackey, two negroes.

1 give to my daughter, Frances Miller, three negroes.

I give to my sons Delaney and Garland each, and to my daughter Frances, one horse and saddle, and two cows and calves, and one bed and furniture, to be paid them at the time of their marriage, or attaining the age of twenty-one years, whichever shall first happen,

to be allowed to them out of the estate in my beloved wife's hands, by my Executors, if she should be then living, and if she should not be then living, give them the value of said articles in cash, the value to be ascertained by neighbors — one chosen by my Executors, one by such child entitled thereto, and a third chosen by these two; it is to be fairly understood that if I should, in my life time, give to any of my children a negro, and other property herein devised or given, that it is to be considered satisfaction of the devise or bequest of such negro, all as far as it answers the description herein given. It is further to be understood that the negroes herein given and devised are not to be paid to my said children until after the death of my wife, unless she shall choose to part with them, in which case she may at any time pay to any one, or more, any, all, or more of said negroes, with the assent of my Executors, or the survivors of them.

Should any of my children die before me, the devise and bequest herein made to said children are to stand good and effectual to the heirs of such person — according to the laws of descent in the Commonwealth. 

JOHN MILLER, L. S.

Signed as the first part of my will.

Presence of us.

WM. GOODLOE.

his

WM. X KARR.

mark

Continuation of John Miller's Will:

"I constitute and appoint my friends, William Irvine, Robert' Rodes, Executors of this my last will and testament. I empower them to make convey — for my lands which at the time of my death I may have sold, and unconveyed, either by written or verbal contract. I, also, empower them to divide my negroes according to the division of them herein made, as equal as may be. I do, also, empower them to sell and convey, as to them may seem best, all my lols in the town of Richmond, and to dispose of any part of my personal estate, if necessary, to raise money for the payment of my debts, and the residue, if any, from the sale of the lots, and collections of my debts, to pay the same to my wife. I declare my wife is not to give security for the keeping of the property left her, nor is she to be answerable for its depreciation in value, etc. And, whereas, I have at sundry times given to my children who have grown to years of maturity, a negro, or negroes, etc., I do now ratify and confirm to them all and every gift which I may before have made, and do declare that when I have delivered them any negro without an express stipulation to the contrary, that it is to be considered a gift.

All my estate left after the death of my wife, and not herein otherwise disposed of, I give to my daughters, Anna Reid, Elizabeth Kavanaugh, Jane Lackey, and Frances Miller, to be equally divided between them, and I wish it to be understood that whereas I have by deed given to my daughter, Elizabeth Kavanaugh, and her heirs, a part of a lot in the town of Richmond of the value of fifty pounds, now unless the said gift can be rescinded, and the said lot or the value thereof to be equally divided between the brothers and sisters, she is not to receive any part of my estate as last above mentioned devised to Anna Reid, Elizabeth Kavanaugh, Jane Lackey, and Frances Miller. Shall each of them have received the sum of fifty pounds, should there be any balance, it is then to be equally divided between them.

In testimony whereof, I have hereunto set my hand, and affixed my seal this 24th day of February, 1806.

Signed in the presence of JOHN MILLER, L. S.

WILLIAM GOODLOE.

his

WILLIAM X KARR.

mark

At a court held for Madison County on the 5th day of December, 1806, this will was proved to be the last will and testament of John Miller, dec'd, by the oath of William Karr, a witness thereto, as the law directs, and William Goodloe, another witness thereto, who

swore he subscribed his name to said will in the presence of said

deceased, which was ordered to be recorded.

Attest: WILL. IRVINE, C. M. C.

(This QR image appears at the Facebook link and at the web link above, but is not active in this blog post.)

Addendum...
This link has since vanished but I found multiple copies available via ABE Books which has a multitude of out of print books.