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WILL OF JOSEPH MILLER

1810 - 1900

Kan. Co. Will

Vol. 5

Pg. 136,137,138,139

I Joseph Miller of the County of Kanawha and State of West Virginia, being of sound mind and disposing memory, aware of the uncertainty of life and desiring that the goods of this world with which I have been blessed shall be fairly and equitably distributed among my children and their descendants do hereby make declare and publish this as for my last will and testament, hereby annulling and revoking all others.

FIRST: I desire all my just debts if any I owe at time of my decease shall be paid, including the expenses of a decent burial of my body, out of the personal estate, of which I may die possessed.

SECOND: I deem that the law makes ample provision for my beloved wife in case she survives me and I desire that such provision be carried out, with her by my Executor here in after named, justly and fairly.

THIRD: I will and devise to my son George E. Miller subject to my wife's contingent dower, Seventy five (75) acres of the 226 and 1/2 acres of land constituting what is known as the "homeplace". The said 75 acres to be cut off the upper end on the East side of the Creek, cut square through so as to not injure the residue of said homeplace as little as may be, but to include the improvements where said George his heirs and assigns forever, subject only to said dower.

FOURTH: I give and devise to my son William S. Miller subject only to his Mother's contingent dower, Seventy five (75) acres of the said homeplace in fee to be held by him in severalty, to be laid off to him on the upper end of the said tract on the west side of the Creek and so as to include the buildings now occupied as a residence by me.

FIFTH: I have heretofore conveyed to my children Elihue, John, Franklin W. Mary Thaxton, Harrison, Henry C. Joseph B. and Emeline MILLER Ranson, respectively, certain real estate and premises, and in each of such conveyances I have advanced to the vendee, the value or sum of five hundred (500) dollars and have taken the bond or bonds or notes of the vendee for the residue of the value of the land and premises so conveyed and reserved vendor liens to secure the payments thereof. These evidences of indebtedness or such thereof as may remain in my possession at the time of my death. I desire my Executor to collect in a reasonable time after my death, together with the accrued interest thereon for the benefit of my estate. I desire also that my Executor shall as soon as he can do so to good advantage for my estate, parcel of seventy one (71) acres of land adjoining Henry C. Miller's place, which said 71 acres is made separate of two or three parcels acquired by me from different persons: and likewise to sell and convey the 76 1/2 acres the residue of homeplace not herein devised said tracts to be sold for the best price, and on the best terms that my Executor in his discretion can get. But before offering to sell to any other persons, my son Henry C. shall have the opportunity to purchase the said 71 acres on such reasonable terms as to time of payments as he and my Executor shall sell it as first above provided. And before selling to other persons the 76 and 1/2 acres, the residue of the homeplace my Executor shall give to my sons William S. and George E. or to either of them the opportunity to purchase the same on terms to be agreed upon, and in case they nor either of them do not desire to purchase the same or parts of it, then my said Executor shall sell it to the best advantage for the benefit of my estate, and my executor is thereby to execute and acknowledge a deed or deeds conveying any real estate which he is herein authorized to sell.

SIXTH: I desire that my executor shall after paying my debts and funeral expenses, as provided in the first clause hereof, pay to the children of my daughter Martha Haynes deceased, each the sum of twenty five (25) dollars or to the descendants of anyone or more of them who may have died, to be first paid after my debts and funeral expenses.

SEVENTH: As to the residue of my estate made up of said evidences of indebtedness from several of any children aforesaid, the net proceedsof the 71 acres and the 76 1/2 acres of land, and the personal property of which I may die possessed. I give and bequeath to all my eleven children share and share alike the heirs of my daughter Martha Haynes and such others as may be deceased, to take the share of such deceased children share and share alike the heirs of my daughter Martha Haynes and such others as may be deceased, to take the share of such deceased parent.

EIGHTH: If I should die sieged of any other real estate not herein mentioned, I hereby authorized and empower my executor to sell and convey the same to the best advantage for the benefit of any estate to be distributed under the Seventh clause.

NINTH: I hereby constitute and appoint my son Franklin W. Miller executor of this my last will and testament. Given under my hand and seal this 23rd day of December 1895.

JOSEPH MILLER (seal)

Signed sealed and acknowledged by the testator Joseph Miller in our presence and we have subscribed our names hereto, in the presence of and at the request of the testator and in the presence of each other the day and date above written.

Isaac Sowinstein

Henry C. McWhorten

Codicil to will of Joseph Miller

Written wholly in hand writing of testator.

I desire my home place on Tuppers Creek in Kanawha County, WV containing about 151 1/2 acres to F. W. Miller my executor with power and authority to sell same at public or private sale, on the best terms and the proceeds to be divided between all my heirs mentioned in my will according to law giving each his share under the law, except Martha Haynes heirs that is now living. I bequeath to them $200.00.

Subscribing witnesses both being present at the same time this 20th day of June 1900.

JOSEPH MILLER (seal)

Witness

J. B. Mairs

P. W. Morgan

At a Regular Session of the County Court of Kanawha county continued and held for said County at the Court House thereof on Saturday the 6th day of October A.D. 1900.

A paper writing purporting to be the last will and testament of Joseph Miller deceased late of said County was this day presented to the Court for probate and the same being duly proven by the oaths of Isaac Lowinstein, Henry C. McWhorter, J B. Mairs and P. W. Morgan subscribing witnesses thereto is there upon together with the Codicil Thereto, attached admitted to Probate and ordered to be recorded and filed as an for the last will and testament of said decedent. And it appearing from the provisions of said will that Franklin W. Miller in nominated as the executor thereof.

The Court confirms said nomination, there upon the said Franklin W. Miller together with Harrison Miller and J. B. Mairs his surety entered into and acknowledged a bond in the penalty of Three Thousand Dollars conditioned according to law and took the oath required by law. And on Motion of said executor J. B. Mairs, P. W. Morgan and James Shepherd are by the Court duly appointed appraisers to appraise the estate of said decedent, after first being duly sworn for that purpose, in current money of the United States of America and make return thereof as required by law.

Teste. E. W. Taunton---clerk

Kanawha County Court.


Submitted by Marieda DERRICK EDENS MDEroots@aol.com


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