Will Book __, Page 382
Proven: March, 1862

I Oliver C. Miller being of sound and perfect mind and memory do make and publish this my last Will & Testament in manner and form following:

First. I give and devise unto my elder daughter, Martha J. Shanks, and unto my elder son, Thomas C. Miller jointly, their heirs and assigns all that my messuage or tenement including the farm on which I now live, situated, lying and being in Carters Valley in the Eighth District, Hawkins County, Tennessee, together with my freehold estate whatsoever therein, to them the said Martha J. Shanks and Thomas C. Miller jointly all that my messuage or tenement situated or lying and being on Caney Creek in the 10th Civil District of said county and state, together with my freehold estate whatsoever therein to them…jointly and their heirs and assigns forever.

Secondly. I give and devise unto my younger daughter Mary Frances Miller & unto my youngest son Samuel Goodson Miller jointly their heirs and assigns all that my interest, messuage or tenement which exists in the undivided shares purchased by me of Susan Felkner farm situated, lying and being in the above Eighth Civil District, county and state aforesaid, together with my freehold estate in the same whatsoever, to hold, to them, the said Mary F. Miller and Samuel G. Miller jointly and unto their heirs…

Also, I give and bequeath unto my said younger daughter Mary Frances Miller and my younger son Samuel G. Miller to be divided equally between them when they…arrive at the age of 21 years respectively, the following slaves, namely, Hannah a woman, John Wesley a boy, Rosanna a child, together with their increase, but the guardian to have the control, use and benefit of the labor of said slaves without charge until the said Mary Frances and Samuel G. arrive at their majority.

Thirdly. I give and bequeath unconditionally unto my beloved wife Matilda Miller the following slaves, namely, Nancy Ann, Lucinda and her child James Franklin, together with their increase.

Lastly. I give and bequeath unto my said wife all debts or money due me together with all my stock of horses, cattle, hogs, sheep, etc., with all my farming utensils, wagons, ploughs, harrows &c, household furniture of every variety on hands and kitchen furniture, loom house furniture, blacksmith tools with all kinds of grains on hands or growing, to enable her — said wife Matilda — to wind up my estate successfully and to support herself and my two minor children Mary F. & Samuel G. comfortably and give each of them the schooling that she may find practicable.

To this end I hereby appoint my beloved wife Matilda Executrix of this my last Will & Testament without requiring her to ruled to security by the County Court for her faithful discharge of duties therein.

Further, a discretionary authority is hereby lodge by me with said Matilda Executrix to sell and dispose of either by private or public sale so much of the above recited personal property placed at her disposal as will make a sum necessary when added to the available debts now outstanding to liquidate all legal demands against the Estate.

The residue and remainder of the above personal property, after all my just debts are paid out of it as indicated above are to be held and controlled solely by said Executrix Matilda Miller for her own use and benefit and for the joint use and benefit of my younger daughter Mary Frances also my younger son Samuel Goodson both minors, and to which or by whom the said Matilda is hereby designated and is hereby appointed by me Guardian to both of them…until they arrive at the age of 21, without her being ruled to bond by the County Court…when the above minors…arrive at the age of 21, then the unconsumed residue and remainder of personal property in the hands of said Guardian or its proceeds when sold, shall be divided unto three parts equally — between Matilda and my younger children, Mary Frances & Samuel Goodson, each receiving one third part thereof.

My elder daughter, Martha J. Shanks & also my elder son Thomas C. Miller have been heretofore and otherwise fully provided for.

In testimony whereof I have …set my hand and affixed my seal this 3rd day of August, 1861.

O. C. Miller (seal)

Signed, sealed, published and declared by the above Oliver C. Miller to be his last Will & Testament in presence of us who have hereunto subscribed our names as witnesses in the presence of Testator.

H. Watterson
John Young

This Hawkins County Will was transcribed by one of the following volunteers:  Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.