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Note: Source: Heard Co Ga Will Records
Written: March 5 1877
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 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 Talithia Miller shall survive me then the
same one hundred dollars each to be paid as above at the decease of my said
wife Talithia. 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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