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View Tree for John MillerJohn Miller (b. July 26, 1807, d. April 01, 1876)


Picture of John Miller
<--2nd Great-Grandson of John Miller

John Miller (son of Miller) was born July 26, 1807 in Lynchburg Va, and died April 01, 1876 in Heard County GA. He married Tolitha Hammond on December 30, 1830 in Oglethorpe County, GA., daughter of Hammond.

 Includes NotesNotes for John Miller:
We are very fortunate in having John Miller's will (dated March 5, 1877) as most of the court records of Heard County were destroyed by fire prior to 1900. It lists all his children and indicates that he was a small time slave owner.


Heard County GaArchives Wills.....John Miller March 5 1877
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File contributed for use in USGenWeb Archives by:
Candace Gravelle tealtree@comcast.net February 25, 2004, 10:23 pm

Source: Heard Co Ga Will Records
Written: March 5 1877 ( i think that this should be 1876 sence he died
April 1,1876 )see photo in Scrapbook of his tumbstone
Recorded: May 9 1878

This Will of John Miller was written in March 1877, recorded for probate in
May 1878 and then re-recorded at the Heard County Probate office on November
13, 1895. (After the fire at the Heard County courthouses some families took
their legal documents in to the court house to be re-recorded since most all
of the prior records to 1894 burned in the fire).

Will of John Miller

State of Georgia, Heard County

In the name of God Amen I, John Miller of said County and State being of
sound and disposing mind and memory do make, declare and publish this as my
Last Will and Testament, hereby revoking all former Wills by me at any time
made.

Item 1st. I command my soul to God who gave it and direct that my body be
buried in a decent and Christian like manner suitable to my circumstances and
condition in life.

Item 2nd. I Will and direct that all my just debts of which there are but few
and none of magnitude, shall be paid as spedially and punctually as
circumstances under the law will allow and in the manner directed in this Will.

Item 3rd. To my beloeved wife Tolitha Miller I give and bequeath the use,
occupation, profit and benefit of my whole estate both real and personal for
and during the term of her natural life, except such parts thereof as are in
the Will hereafter otherwise specially disposed of, such real estate to
consist of my home place and improvements thereon and five hundred and fifty
acres of land; the same being the portion of my real estate not herein after
specially devised.

Item 4th. It is my Will and I herein and hereby direct that at the death of
my said wife Tolitha Miller, all my estate bequeathed to her in the Third Item
of this Will and not in this Will otherwise disposed of be divided equally,
that is share and share alike, among all my children in this item named to
wit: My sons Thomas Miller, Rufus Miller, Willis Miller and Joseph Miller,
and to my daughters, Elmina Clark wife of Rev. Upson H. Clark and Barbara Ann
Daniel wife of Isham J. Daniel and I further direct that the property in this
Item bequeathed to my said daughters Elmina and Barbara Ann shall be theirs in
their own right and shall belong to them and their heirs and be free from the
debts and liabilities of their present husbands or any future husband or
husbands they or either of them may have.

Item 5th. I Will and devise to my son Thomas Miller one hundred and fifty
acres of land the same being the place whereon he now lives and to which said
land he now holds a deed of gift from me.

Item 6th. I Will and devise to my son Willis Miller one hundred and fifty
acres of land, the same being the place whereon he now lives and to which said
land he now holds deed of gift from me.

Item 7th. I Will and devise to my son Rufus Miller one hundred and fifty
acres of land the same being the place whereon he now lives and to which said
land he now holds a deed of gift from me.

Item 8th. I Will and devise to my son Joseph Miller one hundred and fifty
acres of land the same being a portion of the settlement of land known as the
Atchison place and said land herein devised to Joseph adjoins the land devised
to my son Rufus in the 7th item of this Will, and to which said land my said
son Joseph now holds a deed of gift from me.

Item 9th. I Will and devise to my son Francis Miller one hundred and fifty
acres of land the same being the place whereon he now lives and to which said
land he now holds a deed of gift from me; this land I devise to him Francis
and nothing more of my estate because he has had money furnished to him by me
in the full amount of a distributive share of all my property not specially
devised in this Will.

Item 10th. I Will and devise to my daughter Elmina Clarke wife of Upson H.
Clarke one hundred and fifty acres of land the same being a portion of the
land I bought from Dr. Watkins and said land adjoins the land devised to
Thomas Miller in the Fifth Item of this Will , all of said one hundred and
fifty acres of land in this item devised, I bequeath and devise to my said
daughter Elmina except except the mining interest contained on said land if
any there be which said mineral interest when developed if it is ever
developed shall belong equally to all my children and said land herein devised
to my said daughter Elmina shall be hers in her own right and shall be free
from the debts and liabilities of her present on any future husband she may
have.

Item 11th. I Will and devise to my daughter Barbara Ann Daniel wife of I.J.
Daniel, one hundred and fifty acres of land the same being a portion of the
settlement of land known as the Atchison place and to which said land she now
holds a deed of gift from me. Said land to be hers in her own right and to be
free from the debts and liabilities of her present husband or any future
husband she may have.

Item 12th. I Will and devise to my daughter Elizabeth Smith, wife of Asa J.
Smith, One hundred and fifty acres of land the same being the place hereon she
and her husband now live and to which said land she now holds a deed of gift
from me. Said land to be hers in her own right and to belong to her and her
heirs and to remain and be forever free from the debts and liabilities of her
present or any future husband she may have. This said land in this item named
I devise to her and nothing more of my estate because she and her husband are
indebted to me to the full amount of a distributive share of my property not
specially devised in this Will.

Item 13th. I Will and devise to my son William Miller if he should be alive
at the time specified for him to receive the legacy herein devised or should
have any lawful heirs then living, one hundred and fifty acres of land the
same being a portion of my home place which I have devised and bequeathed to
my wife Tolithia Miller in the Third Item of this Will , the said one hundred
and fifty acres of land are to be laid off to him after the decease of my said
wife Tolithia which said land shall be laid off to him in the following manner
to wit: He my said son William shall choose one uninterested and judicious
man and my executors herein after appointed or their representatives shall
in like manner choose an uninterested and judicious man and those two men then
chosen shall choose a third man and said three men then chosen shall divide
the five hundred and fifty acres of land in the Third Item of this Will
bequeathed to my said wife Tolithia into four parts or portions as nearly
equal in quarters and value as practicable and after such division is made the
said Committee or partitioners herein provided for shall number the portions
of land as laid off as above directed, one, two, three, four and place said
numbers folded in a hat and my said son William or some one designated by him
shall draw from a number which said number shall represent the portion of land
hrein devised to him, this land in this item devised to him my said son
William. I Will and devise to him and nothing more of my estate.

Item 14th. I Will and bequeath to Cleopatra Miller and Tolitha Cumie Miller
daughters of my deceased son Marshall Miller one hundred dollars each to be
paid to them in cash from my estate upon their arrival at twenty one years old
or to their legal guardians if they should not be twenty one years old at my
decease; provided that if my wife Tolithia Miller shall survive me then the
same one hundred dollars each to be paid as above at the decease of my said
wife Tolithia. And provided further that if either of my said grand daughters
Celopatra and Talithia Cumie should die without an heir prior to the time
herein named for them to receive said legacy then her said one hundred dollars
to go to the surviving sister or to her heirs.

Item 15th. I hereby nominate, constitute and appoint my son-in-law Isham J.
Daniel and my son Willis Miller Executors of this my Last Will and Testament.

Item 16th. In this my Last Will and Testament and in every Item thereof I
have endeavored to be plain and explicit and I hope and trust that no dispute
will arise concerning any of the devises herein made but if contrary to my Will
and devises there should any disputes arise from the want of legal
expressions or terms or because too much or too little has been said on any
of the devises herein made, my Will and devise is and hereby expressly direct
that all disputes if any should arise shall be decided by three impartial and
intelligent men, two to be chosen by the disputees each having the choice of
one and the third to be chosen by those two which three then chosen shall
unfettered by law or legal construction declare their judgment as to my
intention and their decision there made is to be binding upon the parties as
if it has been rendered by the highest Tribunal known to the law. In witness
whereof I the said John Miller to this my Last Will and Testament consisting
of the foregoing two and one half pages of paper have set my hand and seal
this fifth day of March eighteen hundred and seventy seven. John Miller
(Seal)

Signed, sealed, published and declared by the above named John Miller as his
last Will and Testament in the presence of us the subcribing witnesses who at
his request in his presence and in the presence of each other, have subscribed
our names as witness hereto.
I.J. Stephens
J.M. Drummond
A.T. Fuller, CSC

State of Georgia, Heard County
Will of John Miller, Dec'd

Before me at Chambers came Isham J. Daniel and Willis Miller, Executors named
in the foregoing instrument and offers the same for probate in common form as
the Last Will and Testament of John Miller, deceased, late of said County, and
J.M. Drummond and A.T. Fuller two of the subscribing witnesses thereto being
duly sworn depose and say that they saw said John Miller deceased, sign and
publish said instrument as his Last Will and Testament when he was of sound
and disposing mind and memory and that they and I.J. Stephens signed the same
as witnesses at the special instance and rquest of said testator in his
presence and in the presnce of each other.
J.M. Drummond
A.T. Fuller
Sworn to and subscribed before me this 15th day of April 1878. J.B. Beall,
Ordinary, H.C.

Georgia, Heard County
I do solemnly swear that this writing contains the true last Will and
Testament of John Miller, dec'd of said County so far as I know or believe and
that I will execute the same in accordance with the lasw of this State so help
me God. I.J. Daniel
Sworn to and subscribed before me May 6, 1878. J.B. Beall, Ordinary

Georgia, Heard County
I, J.B. Beall Ordinary of said County and ex officio Clerk of the Court of
Ordinary to certify that the foregoing is a true and correct copy of the Last
Will and Testament of John Miller, deceased, and of the probate thereof and
that the same appears of record in my office. Given under my hand and seal
this 9th day of May 1878. J.B. Beall, Ordinary and Ex. Off. CO

Recorded November 13, 1895. G.A. Crain, Ordinary
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More About John Miller and Tolitha Hammond:
Marriage: December 30, 1830, Oglethorpe County, GA..

Children of John Miller and Tolitha Hammond are:
  1. +Carolyn Elizabeth Miller.
  2. Elmina Miller.
  3. +Francis Frank Miller.
  4. +Marshall Miller.
  5. +Thomas Miller.
  6. William Miller.
  7. +Willis Miller, b. October 25, 1850, d. March 10, 1932.
  8. +Barbra Ann Miller, b. June 16, 1840, d. January 26, 1914.
  9. +Joseph Miller, b. June 22, 1864.
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