WILL OF ELIJAH MILLER
Perry County, Alabama

Transcribed by Carlos Lowry, carlos@eden.com


The last will and testament of Elijah Miller dec.

The State of Alabama   {
      Perry County     } 

Where as I Elijah Miller of the State County af(-----) do this the fourteenth day of February in the year of our Lord one thousand Eight hundred and thirty Seven now I Elijah Miller of the State and County aforesaid considering the uncertainty of this mortal life and being of sound mind and memory (bless the almighty God for the same) do make and publish this my last will and testament in manner and form following that is to say. 1st. I bequest unto my beloved wife Mary Miller during her natural life two negroes Viz a boy name a Moses and a girl named Sarah with all future increase and after her death I give the above named property to my beloved son Thomas B Miller and his assign forever. 2. I give and bequeath unto my beloved son William Miller a negro man named (---) and his assign forever. 3. I give and bequest unto my beloved son David T Miller a negro man by the name of Miles and his assign forever. 4th. I give and assign unto my beloved son John Miller a negro woman named Fanny and all future increase to him and his assign forever. 5th. I give and bequeath unto my my beloved daughter Elizabeth Miller a negro woman named Caroline and all future increase to her and hers assign forever. 6th. I give and bequeath unto my beloved Daughter Cinthia Miller a negro girl named Susannah and all future increase to (---) and hers assign forever.- 7. I give and bequeath to my beloved son Thomas B. Miller a negro man named Peter to him and his assign forever. 8th. I give and bequeath to my beloved son Elijah W. Miller a negro woman by the name of M-----a and her children a boy child by the name of Spencer a girl child by the name of May and a girl child by the name of Martha, and a boy child by the name Charles and girl child by the name of E------ a boy child by the name of ---- and all future increase to him and his assign forever so soon as he arrives at the age of twenty one years. 9th having disposed of all my negroes except for an old woman by the name of Susan that I give unto my beloved wife Mary Miller to do with as she thinks best. 10th I know proceed to dispose of all my lands. 11th I give and bequeath unto my beloved son David T. Miller all that part of my lands commonly called the Lawson place. 12th I give ad bequeath unto my beloved son Thomas B. Miller two hundred acres of land one hundred and sixty of which is commonly called the Wylie place and forty that I enter on the South West of the same and adjoining said Wylie place, 13th I give and bequeath unto my beloved son Elijah W. Miller after the death of his mother and the remainder of my lands -- being for her use during her natural life and if she should die before he arrives at the age of twenty one it shall remain in the hands of my executors for his use until he arrives at the age of twenty one years. 14th I further give unto my beloved wife Mary Miller a certain Horse called by the name of Harmony and Saddle that she calls her own. 15th I further give all the waggons one team of mules to limit of five and one spoke of oxen for the use of my beloved wife Mary Miller during her natural life and at her death to be equally divided between my beloved son Thomas B and Elijah W Miller for them and theirs assign I further give my cotton gin to remain on the place where it now is for the use of the place I wish my executor's to gather the balance of my stock of whatever kind it may be and make sale thereof in the best way that they may think proper and after the sale of the proceeds thereof I give and bequeath unto my beloved Daughter Elizabeth and Cinthia Miller seventy Dollars for their own use and the balance to be equally divided among the balance of my children, viz, Aa-----, Mary who intermarried with Thomas - Wright, and Sarah the wife of John G. Wright, Nancy McClendon the wife of John McClendon and Jincy the wife Isaiah Harbour I further wish my executors to make sale of my crops of cotton on hand and pay my Just debts as far as it will go and all the property to remain f------ year in the hands of the -------- and the crop of cotton raised on the place shall be sold by my executors and the balance of my just debts and funeral expenses be paid out of the proceeds thereof and the balance if any I give unto my beloved wife Mary Miller all of my household and kitchen furniture during her natural life and after her death to be equally divided between my beloved sons Thomas B. Miller and my beloved friend Thomas Harvill my solo executor of this my last will and testament hereby revoking all former wills by me made In witness whereof I have herewith set my hand and seal the day and year above mentioned-

Elijah Miller (SEAL)

signed sealed published and delivered by the above named Elijah Miller to his last will and testament in the presence of us who have herewith subscribed our names as witnesses in the presence of the testator-
William S. Miree
Drury M. Wright

Wm Morrow J.P.
Acting Justice

Recorded June 1st 1847.
Jno. Cunningham Register.


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