The Last Will and Testament of Daniel McMillan - 1885

Contributed by Emma Lou Weldon ,  Gainesville, FL
July 15, 2005

State of North Carolina
Cumberland County Wills 1757 to 1955

I Daniel McMillan of the County of Cumberland and State of North Carolina, being of sound mind and memory, 
but considering the uncertainty of any earthly existence, do make and declare this my last will and testament, 
in manner and form following, that is to say,

First, that my executor (hereinafter named) shall provide for my body decent burial, suitable to the wishes 
of any relations and friends, and pay all funeral expenses together with my just debts, howsoever and to 
whosoever owing, out of the moneys that may first come into his hands.

Item. I give and bequeath to my son Neill McMillan 174 acres of land, it being in three tracts adjoining 
each other, one 80 acres, one 64 acres, and one 30 acres, it being a part of the old 50 acre tract of which 
I give Nancy Hawley 20 acres.

Item.  I give and bequeath to my grandson, Daniel Thomas Robeson McMillan one hundred and ten & one half 
(110 ) acres adjoining S H McMillan, Gainey, & others in three tracts as follows:  one tract, 95 acres; 
one tract, 8 acres; and one tract 7  acres.

Item.  I give and bequeath to my daughter, Nancy Hawley all my household and kitchen furniture (except my 
bed and furniture).

Item.  I give and bequeath to my grandson Daniel Thomas R McMillan my bed and furniture and one cart.

Item.  I give and bequeath to my daughter Mary Jane Williams ten (10) dollars in money.

Item.  I give and bequeath to my daughter Catherine Ann Williams ten (10) dollars in money.

Item.  I give and bequeath to the heirs of my daughter Sarah Bain ten (10) dollars in money.

Item.  I give and bequeath to my son James McMillan 75 dollars in money.

Item.  I give and bequeath to my daughter Barbra Innis ten (10) dollars in money.

Item.  My will and desire is that all the residue of my estate (if any) after taking out the devises and 
legacies above mentioned shall be sold and the debts due me collected, (except my library.  I will that 
the books be equally divided among my children including my grandson Daniel T R McMillan) and if there 
should be any surplus over and above the payment of debts expenses and legacies that such surplus shall 
be equally divided between all my children in equal portion share and share alike to them and each and 
every one of them their executors administrators and assigns, absolutely forever.

And lastly I do hereby constitute and appoint my son Neill McMillan my lawful executor to all intents 
and purposes, to execute this my last will and testament according to the true intent and meaning of the 
same and every part and clause thereof, hereby revoking and declaring utterly void all other wills and 
testaments by me heretofore made.

In witness whereof I the said Daniel McMillan do hereunto set my hand and seal this 12th day of Jan AD 1885.
											Daniel McMillan (Seal)
Signed, Sealed and published 
by the said Daniel McMillan
to be his last will and
testament in the presence of
us who at his request 
and in his presence do
subscribe our names
as witnesses thereto
S.H. McMillan
H.L. Hall

Number 205
Application for Letters of Administration Testamentors		IN THE SUPERIOR COURT
Cumberland COUNTY
Daniel McMillan, Dec'd.					T.S. Sutterloh C.S.C.
Neill McMillan  being sworn, doth say: That  Daniel McMillan, late of said County, is dead, leaving a 
WILL AND TESTAMENT, and that Neill McMillan is the person named in the will as executor on the Estate 
of the said Daniel McMillan.  Further, that the value of said Estate, so far as can be ascertained at 
the date of this application, is about $ Four hundred dollars and that Neill McMillan,   Nancy Hawley 
wife of Osborn Hawley,   Daniel T. R. McMillan,   Catherine Ann Williams widow of Henry Williams,   
Mary Jane Williams wife of Thomas Williams,  D.D. Bain, Sarah Bain, D.J. Bain, Nancy Bain, Barbara J 
wife of B Dail, Margaret and Emily Bain a minor without guardian - of Cumberland - Barbara Innis wife 
of James Innis of Sampson, and James McMillan of Colfax-Vanzant County Texas - 
Are entitled as heirs and distributees thereof:
Sworn and subscribed before me, this
23rd  day of September  188 5
T.S. Sutterloh
Clerk Superior Court   Neill McMillan

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