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Will of John McMillan

( John McMillan was born March 12, 1795 in Stratford, Wilkes County, NC, and died September 3, 1865 in Alleghany County, NC. He married Narcessa Gambill, daughter of Martin Gambill and Nancy Nall. She was born July 8, 1778, and died June 5, 1876.)

In the name of God Amen. 

I John McMillan of the County of Ashe and State of North Carolina feeling weak in body and knowing that all men must die and after death the judgement when all mankind must give an account for the deeds done in the body. And as for my property both real and personal my will is as follows. 

I bequesth and give to my son William McMillan the land where he lives known as the James McMillan tract it is to be divided from the tract that I now live on in the following manner, to begin at the mouth of a small branch called the middle branch that runs into Piney Forks near the old Wm. Baldwin house place and south of Joseph B. Parsons - on the west side of the old Coots field fence so as to include said old field thence with the fence wagon road then to the old ridge or orchard fence on Bakers ridge known as the Wm. Baldwin place. 

And to include said field east to A. B. McMillan's land and his lines and William Hines and Moses Dixon lines to the first station. It being the land that my father will to James McMillan's sons. The home plan and all my adjoining land I give to my son John McMillan with the following that is to say that my beloved wife is to have the houses the out houses and her dower in the home of land during her life. 

I also will to her forever the tract of land on the south fork of the New River containing about two hundred acres it being the land that I purchased of T. Witcher. She is to sell or dispose of it as she may think proper. She is to have ten choice cows, sheep and hogs half of what I know have on hand. Also my yolk of oxen and my blacksmith tools for her lifetime (my blacksmith tools his life time). 

I give my two horses Doll and Dove, all my household and kitchen furniture and I give my wife three Negroes her choice during her life. I give to William McMillan my negro boy Simon and to my son John McMillan I give the negro boy Samm and to my daughter Adaline I give the negro boy Alfred, to my daughter Polly Dickson I give her a note I hold on Emoch Reeves that he gave me for the negro girl I sold him. 

My daughter Nancy that married Nash (Noah) Baldwin being dead and left no heirs and what property that I gave him after said marriage he may keep, but he is not to have anymore of my estate and the note I hold on Nash (Noah) Baldwin he is to pay it to my estate or heirs. To my daughter Jane I give a small negroe girl named Ann (Alice). 

The balance of my property not willed is to be sold and all my debts collected and all my debts to be paid. And any money remaining on hand to be divided among my daughters so as to make them equal, except Cindy Cavender, the property that I gave my two sons is to be all that they are to have the land that I purchased in Grayson County known as the Ed Parsons tract Caswell Halsey is to have. 

The land on the west side of the wagon road at its value, if he can pay for all said tract he may have it. If not the residence is to be sold and the money divided among my daughters as above mentioned with theabove exceptions. I give to my daughter Jane a mare she claims to be her property. 

I constitute and appoint Alexander B. McMillan my executor to execute this my last will and testament. Revoking all other wills and testaments. 

Given under my hand and seal this 13th day August 1855. 
Jno McMillan 
Joseph B. Parsons jurah 
Preston B. Reves jurah 

I amke the following codasil to the above will. I have claims and leases for mineral in several tracts of land. If there should be found on any said land based as above mentioned that any may be of value my will is that all my children should have an equal interest in said mineral by them paying or causing to be paid an equal share of the expense of testing and working said lands. Given under my hand and seal this 13th day of August 1855. 
Jno McMillan 
J. B. Parsons jurah 
Preston B. Reves jurah 

State of North Carolina 
Ashe County 

Court of Pleas and Quarter Session November term 1855 
I Robt Gambill Clerk of the Court of Pleas and Quarter Sessons for the 
County of Ashe and State of North Carolina do Duly Certify that the 

Last Will and testament was Duly proven in open court by the oath 
Joseph B. Parsons one of subscribing to said will and ordered recorded. 
Test Robt Gambill Clerk 

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This page was last updated August 1, 2007.