In the name of God, Amen, I, James McMillan being
of sound
& disposing mind
& memory, but weak in body, and calling to mind the uncertainty
of life, and
being desirous to dispose of all such worldly estate as it hath pleased
God
to blefs (bless) me with do make & ordain this my last will in
manner
following, that is to say - I desire that if it should be necessary
immediately after my decease, that a sufficent portion of my personal
Estate
should be sold, and that out of the moneys arising therefrom,
all my just
debts and funeral expenses be paid. I desire that my children
hereinafter
named that is to say, my two sons John S, McMillan and George B.
McMillan
have each of them one feather bed and furniture, and two cows and
calves
whenever they shall leave me.
I also desire that my three daughters, namely Cynthia
McMillan and Rebecca
C. McMillan and Martha Ann McMillan each of them have one bed and
furniture
together with two cows and calves whenever they shall leave me, to
make them
equal with those of my Children which have married and left me.
I desire that my two Granddaughters the heirs of my
deceased daughter
Levina
Varn, have ten head of stock cattle together with their future
increase,
which ten head are now in the care of James Gillam, there to remain
as long
as he shall think proper to keep them not to be delivered unto them
until
they shall have married, and then to be equally divided betwixt them.
I give to my beloved wife, Martha McMillan, the tract of
land upon which
I
now reside, together with all my personal Estate, which has not been
disposed of during her natural life, and after her death, I desire
that the
tract of land upon which I now reside be divided betwixt my two sons
John S.
McMillan & George B. McMillan the line of division commencing at
a certain
hickory tree, now standing in George Grimes field running eastward,
a little
above the cotton house, to a certain short leaf pine standing in the
old
field outside of the fence, thence to the fork of Colson and Cuffys
branch,
then following the run of Colson to my line, the lower part of the
said
tract to be for my son John S. McMillan and the upper part upon which
the
buildings stand for my son George B. McMillan. I bequeath to
my executors
in trust for James R. McMillan Two hundred and forty three acres of
land, be
the same more or less, bounded on S. by lands of G. I. Priester, W.
by lands
of John Huggins, my executors to hold the said Two hundred and forty
three
acres in trust, to and for the sole, separate, and distinct use of
the said
James R. McMillan, during his natural life and at his death to vest
absolutely and forever in the lawful Ifsue (Issue), of the said James
R.
I bequeath to my son, Joel McMillan one tract of land, the
place upon
which
he now resides known as the William Jones Land containing by a resurvey
three hundred and thirty six acres. I desire that immediately
after the
death of my wife, that my executors herein named, cause all my personal
property which has not otherwise been disposed of by me to be sold
and
divided among my several heirs as follows, that is to say.
I give to my granddaughters the heirs of my daughter
Levina Varn decd
three
hundred dollars. I give to my daughter Elizabeth Gillam two
hundred
dollars.
I give to my daughter Mary Prescot three hundred dollars,
I give to
my
daughter Cynthia McMillan three hundred dollars, I give to my daughter
Rebecca McMillan three hundred dollars, I give to my daughter Martha
Ann
McMillan three hundred dollars, in order to bring them upon an equality
with
those whom I have given lands.
Should there be any surplus still remaining, after the
above distribution,
as directed shall have been made, I desire that it be equally divided
among
my several heirs, that is to say my sons: Henry W. McMillan, James
R.
McMIllan, John S. McMillan, Joel McMillan, and George B. McMillan,
my
daughters Elizabeth Gilliam, Mary Prescot, Cynthia McMillan, Rebecca
McMillan, Martha Ann McMillan and my two granddaughters the heirs of
my
deceased daughter Levina Varn.
And lastly, I do hereby Constitute and Appoint my son,
Henry W. McMillan
and
my friend William M. Chitty Executors of this my last will and
testament,
by
me heretofore made, in testimony whereof, I have hereunto Set my hand
and
affixed my Seal this ninth day of March, 1847
sg. James McMillan (L.S.)
Signed, Sealed, published, and declared, as, and for the last will
and
testament of the above named, James McMillan in the presence of us.
sg. George Kinard
sg. Charles Rentz
sg. Michael Sease
Recorded in Will Book "D" page 243. Recorded August
14, 1854,
Bundle 122,
Package 1. R.C. Fowke, O.B.D.
Foot Notes:
It is thought that William M. (McMillan) Chitty was the
son of James
McMillan's, twin sister Mary "Polly" McMillan Chitty. William
died in 1850
before James McMillan died in 1854. Therefore James McMillan's
son Henry
William McMillan settled his father's Estate. James McMillan
died in 1854
the Estate was finally settled in 1862/1863. After all of James
McMillan
affairs were settled there was still a surplus of money left over which
was
equally divided among the heirs.
Witnesses:
Charles Rentz m. Elizabeth Varn. Elizabeth
Varn Rentz was
1st cousin once
removed to Elizabeth R and Mary A. Harriett Varn, daughter of Hansford
Duncan Varn and Levina McMillan.
Michael Sease was the brother-in-law of William M.
(McMillan) Chitty
who was
one of the executors of James McMillan's Estate.
