John Miller Will

Pioneer Sketches

The John Miller Will

and related issues

Compiled by William L. (Bill) Smith


This page includes sketches I have compiled from my family history research for my own use. I am posting them on the Internet in the interest of sharing this information with interested parties. If you appear to be directly related, based on the information in the the sketches, or have comments to share with me about these sketches, I would be happy to hear from you. I do not do research for others, nor am I particularly interested in speculative relationships or unrelated surname discussions. There are many other worthy sites for these activities. I hope you enjoy reading some of these interesting stories.

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John Miller Will

Analysis of "grandchildren" provisions of this will

Map of Southeast corner of Carroll Co, Iowa

 

(Note: This will was available because it was included in the Family History prepared by LVene Smith (abt 1991).

 

John Miller Will

Will of John Miller, deceased.

In the name of the Benevolent Father of All, I John Miller of Edgerton Williams County Ohio being of sound and disposing mind and memory do make and publish this my last will and testament.

Item 1st. First out of my estate all my just debts and funeral expenses shall be paid.

Item 2nd. Except the lands in the State of Iowa hereinafter devised and the rents issues and profits thereof I devise and bequeath all my property real and personal whereever situated to my beloved wife Rebecca Miller during her natural life.

Item 3rd. At the death of my said wife all the property then remaining which shall come to her under this will, I give and devise to my son Harmon L. Miller and his heirs and assigns.

Item 4th. I give and devise to my grand-son Ernest G. Preston the following described premises, to-wit:

The South-east Quarter of section eight (8) Township Eighty one (81) Range Thirty-three west P.M. in Guthrie County Iowa One Hundred and Sixty acres (160) together with the rents and issues thereof during his natural life he however paying to his Mother Ellen Preston five dollars each and every month during her natural life. Said payments to be and remain a lein on said premises until paid and at the death of my said grand-son Ernest G. Preston the premises so bequeathed to him to go to and be equally divided between his lawful heirs and next of kin.

Item 5th. I give and devise to my grand-son Harry L. Preston the following described premises to wit--

The South half (1/2) of the southeast quarter of section twenty two Township eighty two Range thirty three, Also the west half of the Southwest quarter and the northeast quarter of the southwest quarter of section twenty three in all two hundred acres and situated in Carroll County and State of Iowa together with the rents and issues thereof during his natural life he however paying to his mother Ellen Preston five dollars each and every month during her natural life. Said payments to be and remain a lien on said premises until paid and at the death of my said grand-son Harry L. Preston the premises and real estate so bequeathed to him to go to and be equally divided between his lawful heirs and next of kin.

Item 6th. I give and devise to my grand-son John M. Preston the following described premises to wit---

The North half of the southeast quarter of section twenty two also the west half of the northwest quarter and the southeast quarter of the northwest quarter of section twenty three all in Township Eighty two in Carroll County Iowa and containing two hundred acres and in Range thirty three during his natural life with the rents and issues thereof he however paying to his mother Ellen Preston five dollars each and every month during her natural life, said payments to be and remain a lien on said premises until paid and at the death of my said grand-son John M. Preston the real estate so bequethed to him to go to and be equally divided between his lawful heirs and next of kin.

Item 7th. I give and devise to my grand-daughter Ella R. Preston the following described premises to wit---

The southwest quarter of section twelve in Township eighty two range thirty three in Carroll County and State of Iowa and containing one hundred and sixty acres together with the rents and issues thereof during her natural life she however paying to her mother Ellen Preston five dollars each and every month duringher natural life said payments to be and remain a lien on said premises until the same are paid, and at the death of my said grand-daughter Ella R. Preston said premises so bequeathed to her to go to and be equally divided between her legal heirs [no "and" in the copy] next of kin.

Item 8th. My sons William C. Miller and Daniel B. Miller and my daughters Sabrina Rowley, Harriet L. Willett and Lydia Ann Galbraith each having received what I deem a fair share of my estate no devise is made to them in this my will.

Item 9th. I do hereby nominate and appoint my son Harmon L. Miller Executor of this my last will and testament.

Item 10th. I hereby designate and appoint my son Harmon L. Miller as Trustee in trust hereby authorizing and empowering him at my death to take possession and charge of all the real estate and property herein bequeathed to my said grand-children, Earnest G. Preston, Harry L. Preston, John M. Preston and Ella R. Preston. And the real estate so bequeathed to my said grand-children above named to rent keeping strict and exact accounts of said rents and income with each of my said grand children paying all taxes making and keeping up all necessary repairs and any and all money that may come into his hands as such Trustee and not so expended in taxes and repairs to put to interest for each of said grandchildren until they and each of them shall arrive at the age of his or her majority respectively, save and except in case any one of my said grandchildren shall become sick or disabled from any cause from takeing [sic] care of him or herself and in actual want then and in that case said Trustee to use his own judgement in useing [sic] any money from rents and income in his hands belonging to said grand child for his or her comfort and support.

Item 11th. It is my will and desire that my said grandchildren Earnest G. Preston, Harry L. Preston, John M. Preston and Ella R. Preston come into possession of their several legacies and estate herein bequeathed to them as they each arrive to their majority respectively. I hereby revoke all former wills by me made.

In witness whereof I have hereunto set my hand and seal this 25th day of April A. D. 1888.

John Millerrr, (Seal)

The above and foregoing instrument was declared and published by John Miller as his last will and testament and by him signed in our presence and by us in his presence at his request and in the presence of each other this 25th day of April A. D. 1888.

A. D. Austin,

Henry Krill.


Analysis of "grandchildren" provisions of this will:

1. John Miller died 7 Sept 1888, about six months after the will was made. At this time, the mother of the grandchildren, Ellen (Miller) Preston, was thirty-eight years old (b. 15 Sep 1850). She had

2. On 7 Sep 1888, Earnest was 17 (b. 20 Feb 1871), Harry was 16 (b. 14 Jul 1872), John was almost 14 (b. 1 Oct 1874), and Ella was 8 (b. 1 Apr 1880). Earnest would become 21 in Feb 1892, Harry in Jul 1893, John in Oct 1895 (he died in Aug 1899), and Ella in Jun 1901.

3. From the James Preston, husband of Ellen (Miller) Preston, records in Deer Lodge, Montana:

"From records of District Court, 2nd Judicial District: James P. Preston, Plaintiff, vs. Ellen M. Preston, Defendant. Complaint. Filed March 2nd, 1888.
The plaintiff complains of the defendant and says that he plaintiff has resided in the Territory of Montana for the period of twenty one years last past and now resides in said Territory and the County of Deer Lodge.
That said plaintiff and defendant were married on the 21st day of March 1871, at Bryan Williams County, State of Ohio.
That said defendant has willfully absented herself from the plaintiff without any reasonable cause for the space of one year last past.
That the issue of said marriage are the following named children to wit: Ernest G., Harry L., John M. and Ellen R. the custody of which the plaintiff is willing that the defendant may have.
Wherefore the plaintiff asks judgement that the bonds of matrimony existing be forever dissolved and that he be divorced from said defendant. W.H. Trippet, Atty of Plaintiff."

Also, "In the Land Records, Deer Lodge County Courthouse, Bk9/p543, dated 5 Jun 1889: Grantor - Ella M. Preston; Grantee - Peter Lansing; L15 & 16 Blk 55."

4. Ellen had become ill and returned to Ohio to recover from her illness with her parents. She did not return to Montana. When she had recovered, her father sent her live in Coon Rapids, Iowa, where her older brother, Harmon, was a banker. When settled in Coon Rapids, she sent for the four children. The contents of Item 3, above, suggests that she left Montana late in 1886 or early in 1887 (since she had been gone for more than a year by March, 1888). James agreed, in a handwritten note on the margin of the divorce papers, that the custody of the children would be with their mother.

5. 1885 (there were found in 1878 and in 1882 to 1885) was the last year the children were found in the school records of Deer Lodge. (We do not whether there were records for 1886 or 1887).


Map

Southeast corner of Carroll Co, Iowa

Harry's land was in Section 22 and 23.
John's land was in the same two sections
Ella's land was in Section 12, immediately above Section 24.
The land diagonally lower and to the right is in Guthrie County.




This page created 26 Oct 2002. Last updated 26 Oct 2002, by William L. (Bill) Smith.