This is a Message Board Post that is gatewayed to this mailing list. Author: JerryStout99 Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.tennessee.counties.carter/1209.1/mb.ashx Message Board Post: Since my first answers to this query probably went to the wrong place.... here it is again. The wills of Rhoda Miller and husband John Miller. CARTER COUNTY, TENNESSEE WILLS - VOL. 2 October 1850 - Sept. 1920 Tennessee State Library & Archives Microfilm Roll No. 101 Carter Co. - County Clerk Wills Transcribed by Jerry Kinnear Stout Page 58 Monday, October Term 1875 I, Rhoda Miller do make and publish this as my last Will and testament, hereby revoking and making void all other Wills by me at any time made. 1st. I give direct that my funeral expenses be paid and all debts as soon after my death as possible out of any money that I may be possessed of or may first come into the hands of my exectutors. 2nd. I give and bequeath to my daughters S. A. Miller and Elizabeth K. Miller E. K. Miller one half of the land that we now live upon the other half of the lands to be my beloved husbands John Miller. 3rd. I give and bequeath to my son David T. Miller and S. A. Miller, and Elizabeth Miller and Daniel K. Miller and E. Catherine Miller all my interest that I have in a mountain tract of land said to contain three thousand and five hundred acres. One fifth of said land belongs to me and my desire is that it shall be equally divided between my five children above named. 4th. I give and bequeath to my two daughters S. A. Miller and Elizabeth Jane Miller, One note I hold that I have on hold on Nathaniel F. ?Kruise to be equally divided between the said S. A. Miller & Elizabeth Jane Miller the notes calls for ninety five [illegible]. 5th. I give and bequeath to my beloved husband John Miller the right to hold all of the home farm until my youngest daughter E. K. Miller come of age. And after that it shall be equally divided between my five children Sarah, Elizabeth, Daniel K., E. Catherine Miller before named and directed. 6th and lastly. I nominate and appoint William Clark and John Miller my Executors In Witness whereof I do to this my Will set my hand and seal this the 12th day of April 1875. Rhoda Miller [seal] In presence of Atest: James H. Martin Henry Smalley [Note by JAKS, the compiler: In Item "2nd" E. K. Miller as written in this copy should probably have been E. C. for E. Catherine. In Item "5th" the son David T. Miller was mistakenly left out of this copy of will but obviously from the wording "my five children" he should have been in this item.] Page 245-247 Feb. Term 1905 Will of John Miller I, John Miller of Carter County Tenn. Realizing the uncertainty of this life and while I am of sound mind and disposing memory do make publish and ordain this to be my last Will and Testament, Hereby revoking and making void any and all other wills or Testaments by me at any time made. First. It is my will and request that my wife Sallie Miller be made an equal heir with my other five heirs of all my estate both personal and real to have equal and alike them. Secondly. I will and bequeath that my Executor hereinafter named sell any and all my personal property of every description that I may be possessed of as soon after my death as is practicable and on such terms as he may think best for all parties concerned. Thirdly. I will and request that my real estate lands &c of every description that I may die seized and possessed of shall be sold by my Executor after my death on such terms and will as he may think best for all concerned and make deeds for the same when paid for. Fourthly. I will and bequeath all my just debts first be paid out of the Estate arising from the sales of my personal property and from the sales of my real estate as set forth in 2nd and 3rd clauses of this Will, and that after paying all expenses of the business of my estate that the remainder of my estate of every description arising from sd sales of any kind, shall be equally divided between my five children or their heirs and my wife Sallie Miller making in all six heirs to share equally and alike of my estate. The six heirs are as follows to wit -- my wife Sallie Miller, my sons David T. Miller and Daniel K. Miller and my three daughters or their heirs, Sallie A. Fair, Elizabeth Jane Geisler or her heirs, and Catherine Britt. Fifthly. I will that all the personal effects my wife Sallie Miller of every kind had of her own and brought to my premises when we were married still remain hers and in her own control. To do as she wishes with and in her's is [illegible] all the cattle on the place as I have no cattle of my own and my will and request is that she still own said cattle and their increase arriving by natural life and after my death. Sixthly and lastly. I nominate appoint John H. Persinger Executor of this my last Will and Testament and request him to act and if he should not, I request the court to appoint a good man. Signed and acknowledged in the presence of the subscribing witnesses on this the 2nd day of June 1898. John x Miller Attest His mark G. T. Williams Fay Price Will Pugh N. S. Williams Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board.