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WILL OF JOHN McMILLAN - 1840

(John McMillan, Sr. was the father of James McMillan,
who was the father of Fannie McMillan, wife of Ira Josiah Halsey)

ASHE COUNTY, NC - WILLS - John McMillan, 24 Sep 1840

Will of John McMillan

The following is the will of John McMillan husband of Marion McLymont McMillan. Born in Scotland and settled in Wilkes County, NC abt. 1788.

In the name of God Amen.

I John McMillan of Ashe County and State of North Carolina, being at this time in health of body and of sound and disposing memory and Judgement (Blessed be God for the same). I do this 24th day of September 1839 make this my last will and testament in manner and form as follows,

I give unto my son Andrew McMillan all the land that I own on Nathaans Creek being in several tracts, which I value at 1700 dollars, out of which he is to pay to John McMillan two hundred dollars =

and to my son John McMillan I give Holman place begining on Patatoe creek between him and James land running up the ridge above the Coots field and near the fence of the old field, to the wagon road and then southward to the maple branch as far as my land extends, and some entries towards Bakers ridge, also part of the Coots tract on the north side of Potatoe Creek, all which I value at 1300 dollars, the number of acres not known

and to my son Alexander I give the place I live on also 100 acres on the north side, on the Negro Boy Branch, also the lower part of the Maxwell tract from the west cornner of my old tract, from a chestnut tree marked E.O. (being an old line run by Enoch Osborn) and from said tree running southward near an old path to the Ditch Branch tract, also the Ditch Branch tract of 100 acres, all which I value at 2000 dollars =

and to James McMillan's sons I give all the land between John McMillan's part and Alexr being in several tracts all joining, the exact quantity I do not know, but value it at 1500 dollars which land is allotted intirely for the boys, the girls to have no part of it

and to my daughter Polly Maxwell I give two tracts of land where she lives of 200 acres each - one of these tracts I had alloted for Andrew Fields if he would settled on it, she is to have said land besides her share of my other property

and my will is that my slaves be divided as follows

to Jame's hears I give Isaac, Henry, Tilley and child Sam.
to Andrew McMillan Mary and the children she has at his house that is Jack Alford and the younger ones, and Duncan
and to my son Alexander I give Dick, Ship and Lun -
and to Nanny Phips I give Kett & children, James Mindey and children
and to my son John McMillan I give Petter, Hugh, Simon and the girl Franky
and to Maysie Reves I give Lois and children, Rachel and Celia -
and to my daughter Polly Maxwell I give Hesse and children and Violet and Pall and child and Ben,

= and whereas I lent a girl named Winney to James Maxwell, when he married my daughter Peggy my will is that the children or increas of said girl, be equally divided among said Peggy's children, when they are of age or become
lawfully intitled to them, said Maxwell to keep Winney and one of her children his life time and any sale or disposal of Winney's children, except with the consent of my executors Shall be null and void -

and what money James Maxwell owes which will be more than 100 dollars to each one of them to me in the largest note I request my executors to see it faithfully taken care of either collecting it or giving his note to Peggy's children for their share of it as soon as they become intitled to it and noclaim or account that he may raise against them shall be a set off against the debt that he owes to me -

and the said James Maxwell or children to have no claim or share in the rest of my property on the account of his marriage with Peggy the girl Mary at Polly's house she agreed to discount out of her share 350 dollars for her if she is still willing to keep her she may do so. and if not let her be sold in the family the girl Ann at Andrew Hathorns I give to Andrew and John - and my will is that all my other property not willed away be equally divided - and what money is owing to me by note - my executors to divide the notes equally and each one to collect his own share -

and if any of the children dissent or be contentious ma will is that such dissnter pay 100 dollars to them who are willing to abide by it - to be recovered by warrant at the division of maney or notes, I want my executors to take from the whole amount of my estate the sum of one hundred and eighty dollars, an divide the same equally among James McMillan's sons when they come of age, and if any of them dies before they come of age, the living ones to have their share, my executors may keep the money in their own hands by paying three per cent interest, and be liable for it, or lend it out at six percent and take security for it and not be liable for its loss,

and the said boys to have their share equal with their sisters also - the said legacy to the boys not to be subject to pay any debt they may contract before they come of age - and what money is coming to each of James's children, let that part be paid to each one individually, both to sons and daughters by giving them notes to colect or wait till money is colected.

and I hereby constitute and appoint Andrew McMillan and Alexander McMillan my sons executors of this my last will and testament, to be executed agreeable to the true intent and meaning thereof, and they are not to charge per cent, but to have sufficient pay for their trouble.

I witness whereof I have hereunto set my hand and seal this 24th day of September 1840.

John McMillan {seal}

The debt that James Maxwell owes to me will be over $100 dollars to each one of Peggy's children, but if it is over let them have it all - I want my execrs to see the children paid or Maxwell give them notes Elijah Erwin -

Jno McMillan

State of North Carolina February Term 1844 Ashe County, the within will was duly proven in open court by the oath of Elijah Erwin & ordered to be registered ____Jno Ray____

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