Frederick Miller’s Will

Clark County, Ohio Will Book #?, Page 63

In the name of God amen I Frederick Miller of Clark Co. and state of Ohio, being sick and weak in body but of sound disposing mind memory and understanding considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last will and testament in manner and form following that is to say

First and principally I commit my sole (soul) into the hands of All mity (Almighty) God and my body to the earth to be decently buried at the discretion of my Executors hereinafter named. and after my debts and funeral charges are paid.

Item 1 It is my will that my dear wife Elizabeth shall be comfortably maintained during her widowhood on the place or plantation where I now live if my wife Elizabeth should wish hereafter to live to herself it is my will that she shall have a room as she may choose in the house where I now live. If my wife Elizabeth should marry, she can have no longer as above mentioned: It is my will that my wife Elizabeth, if she should marry, shall have her bed and bedding and one cow, one Dutch oven one set cups and saucers, one set plates, one pot, one kettle.

Item 2 It is further my will that my sons John and David keep all my personal property together and farm the plantation as they have hereto- fore done, if they can agree until my wife, Elizabeth’s, decease or marriage.

Item 3 If my sons John and David should disagree after David shall come to lawful age, it is my will that my son John continue on with his mother as before mentioned if my sons John and David do agree after David shall come to lawful age, they shall have both an equal share of the proceeds arising from the plantation whereon I now live as long as their mother shall remain my widow.

Item 4 It is further my will that soon after my decease that all my personal property be appraised according to law and an inventory be taken of the same all which shall be for the use of my three

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daughters: Mary, the wife of Anthony Leffel, and Elizabeth, the wife of James Leffel, and Delilah. All three to have an equal share of the above mentioned valuation after making Elizabeth and Delilah equal with Mary the wife of Anthony Leffel which was the value of fifty dollars.

Item 5 It is further my will that my sons John and David retain all of my personal property in their hands, as long as my wife, Elizabeth, remains my widow and then an equal division be made of the same between my three daughters, Mary, Elizabeth and Delilah and my sons John and David shall not pay any part of the above mentioned valuations to their sisters as long as their mother remains my widow.

Item 6 It is further my will that after the decease or marriage of my wife, Elizabeth, my real estate be appraised according to law and sold and my son John is to be paid two hundred dollars over and above his share out of said valuation for two years work over his age and after my son John receives the above mentioned wages and then my sons Henry, John and David shall then share equal in said valuations by paying my son Daniel one hundred and fifty dollars that is to say my sons, John, David and Henry shall pay each one fifty dollars to their brother, Daniel out of said valuation.
But if my son David should not continue to work as he has heretofore done until he shall come to lawful age, he shall then receive no more than my son Daniel to be paid him in the same manner as before mentioned by my hereafter named Executors.

Item 7 And lastly, I do hereby constitute my two sons, Henry and John, my sole Executors of this my last will and testament, revoking and annulling all former wills and testaments by me heretofore made ratifying and confirming this and none other to be my last will and testament.

In Testimony whereof I have hereinto (hereunto) set my hand and affix my seal this first day of September in the year of our Lord eighteen hundred and twenty two.

Frederic Miller (Seal)
Signed sealed published and declared by Frederic Miller the above testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto:
Benjamin P. Gaines
Jacob Ebersole
Hugh M. Wallace

Information provided by David G Miller
12 Jan 2003

MILLER