Will of William Miller
Will Book __, Page 380
Proven: Dec. Term., 1859
I William Miller of Hawkins County, State of Tennessee, being weak of body but sound of mind and memory do hereby make and constitute this writing my last Will & Testament which is in the words and figures following, to wit:
Item First. My will and desire is that my body shall be decently buried in a metalic coffin at such a place as my wife may direct, and after said expense then I want my just debts paid out of my effects such as notes of hand or other evidences of debts due me.
Item 2nd. My will and desire is that my beloved wife Susan Miller shall have, possess and enjoy all my real and personal estate during her natural life, subject, however, to the following conditions, that is:
She must pay my debts &c out of my effects (always excepting my negro called Ben) who I will hereafter provide for, provided there may be enough except Ben to pay and satisfy all claims against me, after leaving in their hands full as much personal property as exempt from Execution in a widow’s hands by the laws of Tennessee,
and should the property aforesaid fail to pay…then I desire my Executrix hereinafter appointed to sell so much of my land over the knob near and joining James Yonas as will satisfy all claims against my Estate, which said land is to be laid off and sold by my Executrix and for which she is to make title, deed &c.
Item 3rd. I desire at the death of my wife that my servant man called Ben shall choose among all my children who would he rather live with and after such choice is made two dis-interested neighbors are to assess his value and the child so chosen is to have him at this valuation, which valuation is to be thrown in the price of my land hereafter provided for.
Item 4th. My will is that all the property my wife may get under this will is to be hers in fee simple, except Ben, and my land as I now provide for.
That is to say, at her death, that is, the death of my wife Susan, I desire all my land sold to the highest bidder on a credit of one half the purchase money in one and the other half in two years, retaining a lien until the whole is paid for and the proceeds to be equally divided among all my children (or their children should one of them be dead)
with the understanding that my wife has full control, use of, and receive all the rents, profits &c and labor of Ben my servant during her natural life,
and I do hereby appoint my wife Susan my sole Executrix with the request that my brother Jacob Miller assist her in carrying into effect this will.
Witness my hand and seal This 28th day of June, 1858.
William Miller (seal)
Signed, sealed and delivered before signed.
Jacob Miller
Christian Sensabaugh
This Hawkins County Will was transcribed by one of the following volunteers: Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.