The last will and Testament of CALEB MILLER dec’d. was exhibited in open court at August Term 1846 and the execution of the same proved by the oaths of S.B. DOZIER and Caleb W. NICHOLSON subscribing witnesses to the same in due form ordered recorded.

   I Caleb MILLER of the County of Currituck and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last Will and testament in manner and form following that is to say:

   First that an executor hereafter named shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expences together with my just debts howsoever and to whomsoever owing out of the money that may first come into hand as a part or parcel of my estate.

   Item I lend and divise to my beloved wife Sally MILLER all of my estate lands and tenements within doors and without except the house and land called the DAVIS land near the court house of this County to have and to hold to her the said Sally MILLER during her natural life.

   I give (after the death of my wife) and bequeath to my oldest Daughter Sivility BALLANCE the tract of land on Bells Island also a tract called the Davy DOZIER tract also the tract called the Moses COX tract also one negro woman Silvey also one woman Sabria also one man Dedon also one boy Adam also boy Allen to her and her heirs forever.

   Item I give (after the death of my wife) and bequeath to my beloved Daughter Sally SIMMONS one tract of land that I own at Tulls Creek also the house and land called the DAVIS tract near the Court House in this County for which I have given her a deed for the same also one negro man Jesse also one woman Leticia also one girl Linner also one girl Virginia to her and her heirs forever.

   Item I give (after the death of my wife) and bequeath to my beloved Son Caleb MILLER all of the remainder of my land that I have not given away in a former gift viz: the DUKE tract, the POYNER tract, the tract I now live on, the old long house tract, the Charles WALKER tract and the Nancy COX tract also one negro man Adam one negro boy March one negro boy Aaron one negro girl Faney one negro woman Grace one negro boy Anthony and one woman Virginia to him and his heirs forever.

   And as to the remainder of my estate at the death of my wife Sally MILLER I want an equal division to be made between my Daughter Sivility BALLANCE my Daughter Sally SIMMONS and my Son Caleb MILLER or their lawful heirs forever.

   And lastly I do hereby constitute and appoint my trusty friend Edmund SIMMONS my lawful executor to this my last will and Testament according to the true intent and meaning of the same declaring all other wills & testaments by me made to be null and void.

   In witness whereof I the said Caleb MILLER do hereunto set my hand and seal this 26^th of February One Thousand Eight Hundred and Forty Six signed sealed Published and declared by me the said Caleb MILLER to be my 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/ Caleb MILLER seal

Attest:
    S.B. DOZIER jurat
    Caleb W. NICHOLSON jurat
    B.T. GREY

Recorded and examined
    Benjamin T. SIMMONS, CCC

This will was contributed by Judy Merrell Brickhouse.  No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

Return to USGenWeb	Return to NCGenWeb	Return to Currituck

© 2011 Kay Midgett Sheppard