Last Will and Testament of John Miller (1780-1850)

Date: 26 Jan 1850 to 28 Jan 1850
Location: Franklin County, Indiana, USA
Surnames/tags: Rudicel Miller Scofield

Contents 1 Transcriber's Note 2 Last Will and Testament of John Miller 3 Research Notes 4 Sources

Transcriber's Note

Following is a transcription of the Last Will and Testament of John Miller.^[1] Links to ancestor profiles have been added where available. The transcription was completed June 24, 2020. Kelly Leonard 18:11, 24 June 2020 (UTC)

Last Will and Testament of John Miller

Estate of John Miller deceased,

Be it remembered that on the 26th day of January AD 1850 George Rudicel executor of the last will and testament of John Miller deceased late of the County of Franklin and State of Indiana produced the last will and testament in writing of the said deceased to me John M Johnston Clerk of the Probate Court for the County of Franklin and offered the same to me the said clerk for probate and proved the same before me by Cyrus Kilgore and William Scofield and the said clerk being satisfied from the proof and examination of said witnesses of the genuineship and validity thereof it appearing from the proof taken that the will was duly executed and the testator at the time of executing the same was of full age to devise his property and of sound mind and memory and not under coertion or restraint admit the same to probate on the day and year above written.

John M Johnston Clerk

The Record of which will follows in the words & figures to wit.

In the name of God amen, I John Miller of White Water Township Franklin County Indiana. Being sick and weak in body, but of sound mind, memory, and understanding (praised be God for it) and considering the certainty of death and the uncertainty of the time thereof and to the end that I may be better prepared to have the world, whenever it shall please God to call me hence, do therefore make and declare this my last will and testament, in manner following (that is to say) first and principally I commend my soul into the hands of almighty God my creator hoping for free pardon and remission of all my sins, and to enjoy everlasting happiness in his heavenly kingdom, to Jesus Christ my savior; my body I commit to the Earth, at the discretion of my executor hereinafter mentioned; and to said worldly estate wherewith it has pleased God to intrust me I dispose of the same as follows; I give and bequeath unto my son Harman Miller the whole of the farm on which I now reside (with the exception of ten acres to be taken off the north east corner thereof) to have and to hold to my said son his heirs and assigns forever, subject however to the following charges to wit: He the said Harman is to pay within two years after my decease, the sum of one hundred dollars to my daughter, Fereby Ann Schoonover, which is to be her share of my estate except what may fall to her the personal property as hereinafter provided. The said Harman is also to pay five dollars to the children of my son Samuel Miller being one dollar each on arriving at the age of majority. The said Harman is also to support and maintain my wife during the remainder of her life; all of which intend hereby to make a charge on the fifty acres of land herein bequeathed to him. I also give and bequeath to my son John the forementioned ten acres, to be laid off the north east corner of the said farm in the form of a square, to hold to the said John L Miller his heirs and assigns subject to the following charge to wit; he the said John is to pay the sum of five dollars to the children of my step son Huttoon being one dollar each on their respectively arriving at the age of majority.

It is my will and desire that within a reasonable time after my decease my executor shall dispose of so much of my personal property and effects as may be necessary to discharge all my just debts and the residue if any, shall dispose of according to the laws of the State of Indiana regulating distribution and descents.

I also hereby make constitute and appoint George Rudicel senior of the County of Franklin aforesaid, my sole executor, of this my last will and testament.

In witness whereof I have hereunto set my seal hand and seal the twenty seventh day of December one thousand eight hundred and forty nine.

John Miller (seal) his mark

The foregoing instrument of writing was signed sealed delivered and declared as the last will and testament of the said John Miller, in the presence of us, who have hereunto subscribed our names as witnesses, at the request of the said testator, in his presence in presence of each other.

Cyrus Kilgore William Scofield

State of Indiana Franklin County I John M Johnson clerk clerk of the Probate Court of the County aforesaid do herby certify the forgoing to be a full and complete record of the last will and testament of John Miller and of the proofs and examination of Cyrus Kilgore and William Scofield the subscribing witnesses to said will. Given under my hand this 28th day of January AD 1850. John M Johnson Clerk

Research Notes

• In the 1850 census, William Scofield can be found living three houses away from Harmon Miller, who inherited the farm of his father, John Miller according to this will.

Sources

1. ↑ Last Will and Testament of John Miller. Will Records; Author: Indiana. Probate Court (Franklin County); Probate Place: Franklin, Indiana. Indiana, Wills and Probate Records, 1798-1999, a database hosted by Ancestry.com. Accessed June 24, 2020.