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Facts and Events
Henry Miller was one of the Early Settlers of Augusta County, Virginia
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Will of Henry Miller
Henry Miller's Will, made 31 August 1797, proven 3 October 1797.
- In the name of God Amen.
- I Henry Miller of Rockbridge County, and State of Virginia, being in a declining state of health but of sound mind and memory and also considering the mortal state of man in this life do think it necessary to settle my temporal concerns in the manner following viz:
- First I desire that my body may be decently buried at the discretion of my executors hereinafter named and further that all just claims against my estate may be settled (sic) and paid out of my estate and first of all I give and bequeath to my well beloved wife Rebecca Miller and to my daughter Rebecca Miller jointly all and singular my household furniture of whatever kind soever (sic) without reserve to be theirs and at their disposal after my decease and I do further give and bequeath to my said wife one bond for the sum of twenty pounds due me from my son John Miller also fifteen dollars due me by William Gilmore also my young black mare and her saddle and bridle also two of her choice of my stock of cattle also
- I do further order and direct that my said wife shall have and continue to have full possession of my house and plantation after my decease during her life, unmolested but reserving at the same time to my son Samuel Miller the privilege (sic) of enjoying the possession of the place where he now lives and of working all my cleared land and clearing more as he may choose together with the profits of the meadows and orchard to to (sic) witt (sic): the two-thirds also the labour (sic) of my negro boy George when my said wife can spare him and for said privileges (sic) granted to my son Samuel he is to deliver to my said wife the one third of all the crops he raises thereon to haul and put up conveniently (sic) and securely for her the same and also the remaining third of the meadow and orchards together with firewood hauled conveniently (sic) for her also such piece of ground as she may choose for a garden and provided the sd. Saml. is indolent so that the share reserved for my said wife may not be sufficient for her support at his expense.
- I also give and bequeath to my said daughter Rebecca my young mare horse and her saddle and bridle with the next two of my cattle that she may choose and I further order and that the remainder of my movable property be sold at publick vendue excepting so much of my cattle and hogs as will be winter meat for my family and of grain untill (sic) the new crop comes and all of my share of the crop that is in the ground I leave to support my family and the crops to be put in this fall I leave for the use of my family and I also devise and bequeath to my said son Samuel Miller the plantation whereon I now live to him and his heirs forever provided he complies with the requisitions herein before and hereafter mentioned and first he is to pay to each of his four sisters the sum of fifty pounds each in the manner following that is to say the sum of twelve pounds and ten shillings annually the first payment thereof to be made one year after my decease and to be paid annually till (sic) each of them receives the aforesaid fifty pounds and also I leave my said wife in addition to what is herein before mentioned in the hands of my said son John, and William Gilmore as much of the money arising from the sale of the movable property that I have desired to be sold as will be sufficient to purchase her a good young negro wench.
- I also give and bequeath to my son William Miller after my wife's decease my negroe fellow George, also my brown coat and waistcoat and one half of the neet proceeds arising from the sale of my movable property desired to be sold as aforesaid if after answering the purposes aforesd. any may remain and the other half to my said son Samuel and I also leave and bequeath to my nephew William McGlothlen my black coat waistcoat and breeches.
- And lastly I do constitute and appoint my two sons Saml. and William Miller my sole executors of this my last will and testament for the purposes herein before mentioned and I do hereby revoke and disannul all and every other testament and executors ratifying and confirming this and no other to be my last will and testament. In witness whereof I have here unto sett (sic) my hand and seal this thirty first day of august (sic) one thousand seven hundred and ninety seven.
- Signed sealed published pronounced and declared by Henry Miller as his last will and testament in presence of us...
- Signed......Henry Miller
- Teste:
- John Greenlee
- Thomas Hardy
- At a court held for Rockbridge County the third day of October 1797.
- This writing purporting the last will and testament of Henry Miller decd. was produced in court by Samuel Miller and William Miller executors therein named and proved by oath of John Greenlee & Thomas Hardy subscribing witness and ordered to be recorded and on the motion of the said Executors who made oath according to law certificate is granted them in obtaining probate thereof in due form they having with Hugh Barclay Junr. & James Beggs their securities entered into and acknowledged bond in the sum of ten thousand dollars conditioned according to law.
- Teste: A Reid Cl.
Information on Henry Miller
- From "History of the House of Ochiltree of Ayrshire, Scotland", by Clementine Brown Railey, pg. 98:
- D.5. Capt. Thomas Ochiltree, third and youngest son of James, Sen., and Catharine Ochiltree, was born in 1775, presumably in Pennsylvania. He came to Rockbridge County, Virginia, with his father in 1783, living near the Natural Bridge. He married on Feb. 18, 1796, Jean Miller, Rev. Samuel Houston of Rural Valley Rockbridge County, officiating minister. Jean Miller's parents, Henry Miller, Sen., and Rebecca (Boggs) Miller, came from Londonderry, Ireland, to Pennsylvania, in 1757, and from Lancaster County, Pa., to Rockbridge Co., Va., in 1770.
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