LAST WILL AND TESTAMENT OF MALINDA V MILLER
Malinda is the daughter of Abraham Miller and Mary Click
Will of Malinda V. Miller, Platte Co. Missouri - written May 4, 1854 I, Melinda Miller, being weak in body but sound in mid, make & publish this my last will and testament to wit:
1st) I wish my servant boy GEORGE to be sold at private sale & the proceeds equally divided between my brothers STEPHEN, AYLETT & JOHN MILLER and my sister,NANCY MILLER, equally; and my sister SARAH (MC CORD - scratched out) RAPP'S three sons each equally one to be entitled to one equal part with my brothers and sister as above named after deducting the expenses of my cost illnefs, funeral expenses and a tomb stone for myself & for my father and mother and for my brother DAVID and sister ELIZA who were entered in CLAY COUNTY MO
2nd) I give & bequeath my servant girl JANE to ANNA MARY MC CORD to be h-- for her benefit until she becomes of age
3) I give and bequeath my servant boy WILL to MARY ANN MILLER
4th) I wish my two servant boys JERRY & FLEMING to be sold at private sale and the proceeds thereof divided equally between my brothers and sisters except SARAH RAPP & her portion I wish divided between her three sons JAMES ROBERT, A. FRANKLIN & JOHN MC CORD as first above alloded to equally
5th) I give and bequeath my horse Charley to my sister NANCY MILLER
6th) I give and bequeath my gold watch & chain to ANNE MARY MC CORD which I wish my sister NANCY to keep for her until she is fifteen years old
7th) I give and bequeath my clock to my sister NANCY MILLER and I desire that my sister NANCY MILLER should take charge of my bedclothes and safe for the benefit of ANNE MARY MC CORD whenever she may mony or becomes eighteen years old
And I desire that my notes and accounts when collected should be equally divided between my brothers and sister Nancy & sister RAPPS part to go to her three sons by Mr. McCord, as before specified and I desire that my friend and relative JESSE MILLER should act as executor of this will.
In testimony whereof I set my hand & affix my seal. MALINDA V. MILLER (seal) Witnefs names: James M. Davis, Mary Jones
State of Missouri, County of Platte
Be it remembered that on this 6th day of October 1854 thus on all appeared before me the undersigned Judge of the Probate Court in & for said County & State James M. Davis and Mary Jones the two sols or being witnesses to the Last Will & Testament of Malinda V. Miller deceased late of Platte County Missouri & being duly sworn by me states that they are the two suls bearing witness to the within and ----- paper per ----the last will and testament of MALINDA V. MILLER decd, that they saw the said MALINDA V. MILLER sign her name to said instrument of ---- which she published as her last will & testament and at the time of her signing the same she was of sound mind and disposing memory and over the age of twenty one years and that the said deponants attested said will as suls and being witnesses, ----by suls --- ---- ----in the presence of and at the request of the said testator. JAMES M. DAVIS MARY JONES Subscribed and sworn to before me this 6th day of October AD 1854 JAMES G. SPRATT, JUDGE
Estate File of Malinda V. Miller
Brough of L. Burnes & Bros, General Dealers in Dry Goods, Groceries, &c.,
24 May 1853 1 white silk parasol $4; 8 yds blue Drill $1; 2 artificials .30 $5.30; June 6th; 3 yds Gn Baregs? 4 yds gingham $2.40; 1 pr Shell Side Combs - Cambrie .50; 2-1/4 yds Blk Silk @.75 8 yds prints @8 $2.33; 2-1/2 yds Ribbon for 40 4 yds Lace @.10 $.80; 5 yds lace ---@.45 1 pr scissors @.30 $2.55; Ribbon Trimng 1 damagear comb .93 $9.51; Total $14.81
Farley Mo. May 1, 1854 - Miss Malinda V. Miller - Bot of Stiles Burnes & Brothers
2 pr hose @ 25 50; 1-1/2 yds gingham @ 33-1/3 50; 1 yd domestic @15 15; 2-1/2 Irish Linen @80 2.00 $3.15; Received payment by Steph C. Miller June 15, 1854
1854 The estate of Malinda Miller to Doctor Joseph (NOTE: The next two entries denote her death and burial clothing)
May 4th - to visit last and medicine & c do do today
May 5, 1854, Misf Melinda Miller, Dec'd To. D. Fleshman
?? yds wht Jaco--4/6 $15.00; 1 pr cotton hose .35; 1 pr silk gloves 4/6 .75; 4 yds satin ribbon .82; ? yds wht cref?? .70 $17.60; June 15th rec'd payment in full by hands of STEPHEN MILLER D. FLESHMAN, seventten & 65/100 dollars allowed in ???? 5th Feb 1855 Wm Baker Clk
14 June 1854 Received of Stephen C. Miller twelve dollars and fifty cents in full of my account against the estate of Melinda V. Miller, ded JAMES M. DAVIS
Dec 29th, 1854 received payment in full by Stephen C. Miller L. P. Stiles, Farley (FOR) Farley May 4th, 1853 Mifs Malinda Miller 1 silk bonnet
14 Jan 1855 INVENTORY OF ESTATE
Executor of the Estate of MALINDA V. MILLER, Dec'd files this his inventory
To sale of boy GEORGE n--- will $1175.00; To sale of boy JERRY & FLEM --will $1000.00; To sale of kin? of negro GEORGE for 1854 $160.00; To sale of kin? of negro GEORGE $12.00; To one note on JOHN RAPP for Fifty dollars prinicipal $50.00; One negro boy WILLIAM; one negro girl JANE (Total) $2397.00
State of Missouri, County of Platte, Recorded Book A. Page 178, Filed Jany 14, 1855
JESSE MILLER, Executor of the Estate of MALINDA V. MILLERand makes oath and states that the above is a full inventory and description of all the mony goods chattels and estate real & personal, books papers and evidences of debt and of title of the deceased and of all debts due and coming due so far as he can ascertain them and thereafter was not indebted or bound in any courts ----deceased at the time of her death on Sept as stated in the inventory. JESSE MILLER Subscribed & sworn to before me this 14th Jany 1855 JAS G. SPRATT, JUDGE
Recorded D, Pg 587, 3rd Settlement, Estate of Malinda Miller (I think they met 1st settlement)
Now at this day comes JESSE MILLER Executor of MALINDA V. MILLER, decd & makes this his 1st annal settlement. Charges himself with amount of Inventory filed Jany 14, 1855 $2397.00 Ex charges & allowed the following vouchers $ To amt of Burns & Bros $3.15; Green D. Todd $10.00; G. W. Sethers? $1.50; L. M. Shields $3.00; L. Fleshing $17.60; P. ---$10; L. Burns & Bros $14.50; James M. Davis $20.50; Joseph Walker $2.50?; John G. RAPP $345.20 (Indicates an heir); Kent & Juller $99.83; E. F. MILLER $345.20; JOHN G. RAPP Guardian $345.20; NANCY MILLER $345.60?; STEPHEN C. MILLER $345.60; NANCY MILLER $75.00; JOHN G. RAPP $75.00 / $2064.31; STEPHEN MILLER $75.00; Probate fees $12.00; Total Estate $3399.00; Total Credits $2151.31; Bal Due estate $245.69
17 Jan 1855 Rec of Jesse Miller executor of the estate of Malinda V. Miller Dec three hundred and forty five dollars and twenty cts this seventeenth day of Januay, 1855 JOHN G. RAPP, Guardian for James R., Anna Mary, Benjamin F. & John G. Mc Cord
Rec'd of Jesse Miller executor of Malinda V. Miller dec a negro girl JANE about the age of ten years willed to ANNA MARY MC CORD by Malinda V. Miller dec this the seventeenth day January 1855 JOHN G. RAPP
25 April 1855 Rec'd of Jesse Miller executor of the estate of Malinda V. Miller deceased a negro boy WILLIAM about twelve years of age willed to MARY A. MILLER daughter of E. F. MILLER and willed to her by Malinda V. Miller this 25th of April 1855 E. F. MILLER
July 1855, Kent & Fuller, Dealers in Italian & American Marble. No 33 North Second Street, St. Louis, Missouri. Mefs Ashpling, Stevens & Co.
To 5 setts Marble grave stones @ $18.00 per set $90.00; In ---- $1.13; Rec Pay $91.13; Freight and D----- $8.25; Rec'd per Aspling Stevens & Co $99.38
Recorded E, Page 286, Filed Jan 8, 1857, 2nd Settlement, Estate of Malinda Miller
Now at this day comes JESSE MILLER administrator of the Estate of Malinda Miller dceased and makes his 2nd settlement as follows: Bal due at last settlement $245.69; 1 recpt of JOHN Q. MILLER $75.00; Probate fees in full including this settlement $5.85 $80.85 Bal due estate $164.84; Said JESSE MILLER Administrator as aforesaid files recpts of E. F. MILLER & JOHN G. RAPP Guardian each for two negroes willed by M. V. MILLER deceased for which he claims credit.
30 June 1857 Rec'd of Jesse Miller Eleven dollars and seventy sevn cents in full for making the pailing to enclose Malinda V. Millers grave....this 30 June 1857 Lewis Dearing
16 Sept 1857, Sept Term County Court 1857, State of Tennessee, Dresden, Weakley County, E. F. Miller, Appointed Guardian of daughter, Mary Ann Miller
This is to state that Mr. Jefsey MILLER deposited in this office a letter directed to MR. E. F. MILLER TENNEFSEE containing seventy five dollars in Kentucky money. Jan 13th 1858 William A. Fox T M, Platte City, MO
Recorded F, Page 148, Filed Feby 3, 1858, Final Settlement Estate of Malinda Miller
Final Settlement of JESSE MILLER Adm Est Malinda Miller
Amount due at last settlement $164.84; Amt paid E. F. MILLER $75.00; Amt paid Lem's Dearing $11.77; Amt Expenses of Adm in placing stones and pailings around graves mentioned in will of dec'd $20.00; Com on $2397 5 cents $110.91; Probate fee $2.50; Probate fees in full $1.10 $221.28; Bal due Adm $56.44
The following document was in the estate file of Malinda V. Miller, sister of Elliott F. Miller in Platte Co. Missouri
September Term County Court 1857 State of Tennessee, Weakley County
Be it remembered that a County Court begun and held at the courthouse in the town of Dresden for the County of Weakley and State of Tennessee on the 1st Monday in September, A.D. 1857. It being the 7th day of said month, thier being present and presiding the Honorable Nathan N. Edwards County Judge of said county and state aforesaid. J. E? Looney, Clerk of said Court when the following procedings was held to wit:
On motion this day it is ordered by the Court that E. F. MILLER be and he is hereby appointed Guardian of MARY A. MILLER, a minor child of the said E. F. MILLER. Thereupon the said E. F. MILLER came into open court and entered into bond in the penal sum of Sixteen hundred dollars conditioned as the said directs with S. B. CRITTENDEN and J. M. KYLE as his securities which bond was received by the Court and ordered to be recorded and filed and the said E. F. MILLER was duly qualified as the law directs.
Which guardian bond is in the words and figuars? following to wit: Know all men by these presents that we E. F. MILLER, S. B. CRITTENDEN, and J. M. KYLE all of the county of Weakley and State of Tennessee are held and firmly bound unto the State of Tennessee in the sum of sixteen hundred dollars in trust for the use and benefit of the minor child hereinafter named who is committed to the care and tuition? of the said E.F. MILLER for the payment of which we hereby bind ourselvs our heirs executors and administrations, jointly, severelly and firmly by these presents. Sealed with our seals and dated this 7th day of September 1857 the condition of the above is such that whereas the above bound E. F. MILLER was this day constituted and appointed Guardian to MARY A. MILLER, a minor child of the said E. F. MILLER.
(the rest goes on and on about him filing accounting of the estate to the court on the next term and until she becomes of age) Given under my hand and seal of office in Dresden on this 16th day of September A.D. 1857 E. J. Looney Clerk.
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