Estate Record for Emanuel D. Miller

Last Will and Testament

(July 28, 1840 - September 12, 1862)

I Emanuel D. Miller of the Township of Upper Bern in the County of Berks and State of Pennsylvania: do make and publish this my last will and testament, in manner and form following, that is to say, as I have enlisted in the Service of the United States Army for term of three years, or during the war, and being joint owner of the undivided half of a farm, situate in said Upper Bern Township, adjoining lands of Henry Epting, John Miller and others, containing about eighty-nine acres. It being the undivided half of the tract of land willed to us, Wiloh. D. Miller and Emanuel D. Miller, by Peter D. Miller, as for his last will and testament, reserving support for self and wife during their natural lives.

The said Wiloby D. Miller is to farm the same during my absence to the best advantage for one half of all the crops raised on said farm.

And should I not return from said Service alive, and due proof being made of my decease, then the said Wiloby D. Miller is to pay out of the said farm for my share of said farm, unto my legal heirs or offsprings, the sum of one hundred dollars (share and share alike) in two equal yearly payments, that is after the decease of my father Peter D. Miller and Maria my mother.

In witness whereof, I Emanuel D. Miller, the testator, swears to this my will, written on one sheet of paper, set my hand this twentieth day of January in the year of our Lord, one thousand eight hundred and sixty-two.

Emanuel D. Miller (signature)

Signed and delivered in the presence of us who herein subscribe, in the presence of each other.

Elias Shomo (signature)
Henry Burkholder (signature)

Berks County: On the 23rd of September, 1862, appeared Elias Shomo and Henry Burkholder, the subscribing witnesses to the foregoing will they being duly sworn did depose and say that they were present and did see and hear the testator, Emanuel D. Miller, sign seal publish and declare the foregoing testament of writing and for his last will and testament and that at the time of the doing that he was of sound mind memory and understanding to the best of their knowledge observation and belief.

David Potteiger, Dep. Rgr.

On September 23, 1862, Letters of Administration were granted to Samuel Hoffman, recorded in Vol. II, p.161. The final account was rendered on May 9, 1863, having been filed April 24, 1863 in Vol. 9, p.128, and confirmed by the court on May 29, 1863

Appraisal

October 6, 1862 - Appraisal by Henry Epting and John Heischwender (in dollars and cents)

1 mare (75.00), 1 bay horse (80.00), 1 set horse gears (12.00), 3 cows (42.00), 4 heads young cattle (33.00), 1 ox (13.00), 20 bushels barley (12.00), a lot of oats (39.20), a lot of wheat (144.90), a lot of rye (39.00) a lot of corn (44.00), a lot of buckwheat and clover seed (1.50), a lot of potatoes (14.00), a lot of flaxseed (1.40), 2 hogs (16.00), 4 ditto (20.00). 1 wagon (50.00), 1 horse wagon (8.00), 1 pleasure carriage (20.00), 1 windmill (18.00), 4 rakes (.50), 2 cow chains (.50), double and single trees (.75), 3 plow points (1.00), 1 wheel barrow (2.50), a lot of leather (3.00), 1 lock chain and 1 hubble (.62), 2 plows (2.00), 2 harrows (2.00), 1 shovel harrow (.75), a lot of planks, white oak (3.00), a lot of planks, walnut (2.00), a lot of boards, walnut (6.40), a lot of boards, black oak (3.00), corn fodder (2.00), apples (2.00), hay (33.00).

Decedents own property: 1 grain gradle (3.00), 1 scythe (.75), 1 hand saw (.75), 1 cutting ax (.62), 1 hatchet and 1 hammer (.50), 1 trunk (.25), a lot of books (1.50), wearing apparel (5.00)

Total appraisal: $773.76

Half of the estate: $386.88

plus: cash received of John D. Miller, on book account (7.90), John Freeman, on hogs (6.00), John Freeman, on rent (3.50), John Freeman, on book account (4.71 1/2), Jacob Hill, on book account (.14 1/2), cash (15.00), balance in favor of the accountant (198.65).

Grand total of the estate: $622.79

The following is a partial list of payments paid out of the estate to family members, etc.:

Jaret Miller, book account                      1.25
Henry D. Miller, wages                         25.95
John D. Miller, book account                   19.34
Mary Hill, 1 note and interest                 30.00
William Steward                                25.00
Geo. Henn, 1 note and interest                105.00
Peter D. Miller, on land                       50.00
Fare and Expenses to Washington                31.32 (to Willoughby D. Miller)
Funeral Expenses                               70.94
Willoughby Miller, wages                       38.00
Willoughby Miller, 1 note and interest        176.51
Willoughby Miller, for services                10.00

Additional Information

Headstone inscription (plot 1-F-52-7-8, located left, directly across the road from rear of St. John’s Lutheran Church, next to a large cedar tree):

Emanuel D. Miller
Son of
Peter D. and Mary Miller
was born
July 28, 1840
who died in the service
of his country. Member
of Comp. F, 90th Regiment
P.M. September 12, 1862
Aged 22 1 mo 20 days
Text 37 Psalm vs 3
Trust in the Lord

Note: The headstone is worn and very difficult to read, and is probably best viewed early in morning, or with reflected light from a white or mirrored surface later in day. Stone faces east, under a large cedar tree. There is a GAR marker and flag on the grave. Birth date may be July 28 or July 18.

Per his military record: Emanuel D. Miller Joined for duty and mustered into service on January 15, 1862 in Philadelphia, PA., age 21. Received a musket shot wound in the Second Battle of Bull Run on August 30, 1862. Died on September 12, 1862 at Mount Pleasant Hospital, Washington, D.C. He was buried on September 14, 1862. (Presumably, the body was moved later for burial in St. John’s Cemetery, Hamburg, PA.

His personal effects were signed for by his brother Willoughby Miller on September 17, 1862. They included the following:

1 undress coat
1 trowsers
1 haversack
1 dipper
1 plate
1 cup
1 looking glass
1 hdkfa (handkerchief)
1 portmona (possibly a portmanteau, i.e. a handled carry-all)
12 cents in money
1 traveling knife

Submitted by Walter.


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