Last Will and Testament of John D. Miller

Upper Bern, Berks County
Written 1847; Recorded 1853

Heirs: Epting, Miller, Degler, Weidman, Williams, Wennrich
Others: Loose, Epler, Derr, Nies, Neishwender

In the name of God Amen, I John D. Miller, of the Township of Upper Bern in the County of Berks and State of Pennsylvania, Farmer, being weak in body but of a Sound disposing mind, memory and understanding, and considering the uncertainty of this transitory life, do make and publish this my last Will and Testament, in manner and form following, to wit:

First it is my Will, and I do order, that all my just debts and funeral expenses be duly paid and Satisfied, as soon as conveniently can be after my decease.

Item, I give and devise unto my esteemed friend, Henry Epting (who at present farms my land) and to his heirs and assigns forever, my two Misusages, Tenements, Plantation and Tract of Land, with the appurtenances, Situate in the aforesaid Township of Upper Bern, bounded by lands of Peter D. Miller, Daniel Epler, deceased, Philip D. Miller and the River Schuylkill, Containing One hundred and eighteen Acres, be the same more or less. And further also my Tract or Piece of Land, with the appurtenances, situate also in the aforesaid Township of Upper Bern, bounded by lands of Peter D. Miller, late Adam Epler, deceased, and Daniel Epler, deceased, Containing Eight Acres, be the same more or less; he or they paying thereout unto my other friends and relations herein after named, the several Sums of Money to them by me respectively bequeathed, and also paying thereout all my just debts and demands against me, and also paying thereout my funeral expenses, and further also find and pay for a pair of Grave Stones for myself, which are to be in the usual and common Size, and my funeral is to be held and kept the same, as funerals are generally held and kept in this neighborhood.

I bequeath unto Eve Miller, Widow of my brother Jacob, the Sum of One Dollar to be paid to her, as herein after directed.

Item, I give and bequeath unto my Brother, Philip D. Miller, the Sum of One Dollar to be paid to him, as herein after directed.

Item, I give and bequeath unto my Brother, Peter D Miller, the Sum of One Dollar, to be paid to him, as herein after directed.

Item, I give and bequeath unto my Brother, Daniel D. Miller, the Sum of One Dollar, to be paid to him, as herein after directed.

Item, I give and bequeath unto my Brother, George D. Miller, the Sum of One Dollar to be paid to him, as herein after directed.

Item, I give and bequeath unto my Sister, Magdalena Degler, the Sum of One Hundred Dollars, to be paid to her, as herein after directed.

Item, I give and bequeath unto my Brother, William D. Miller, the Sum of Five Hundred Dollars, to be paid to him as herein after directed.

Item, I give and bequeath unto my friend, Anna Weidman, Wife of Benjamin Weidman, the Sum of Four Hundred and Twenty Dollars, to be paid to her as herein after directed.

Item, I give and bequeath unto my friend, Jonathan Miller, a Son of Philip D. Miller, the Sum of One Hundred Dollars, to be paid to him as herein after directed.

Item, I give and bequeath unto my friend, John Miller, a Son of Peter D. Miller, the Sum of Fifty Dollars, to be paid to him as herein after directed.

Item, I give and bequeath unto my friend, Willabe Miller, a Son of Daniel D. Miller, the Sum of One Hundred Dollars, to be paid to him as herein after directed.

Item, I give and bequeath unto my friend, Willabe Miller, a Son of Peter D. Miller, the Sum of One Hundred Dollars, to be paid to him, as herein after directed.

Item, I give and bequeath unto my friend, Rebecca Williams, a Sister of Samuel Williams, the Sum of Two Hundred Dollars, to be paid to her as herein after directed.

Item, I give and bequeath unto my friend Elizabeth Wennrich, Wife of John Wennrich, and a daughter of Joseph Loose, the Sum of One Hundred and eighty Dollars, to be paid to her as herein after directed. Item, it is my Will and I do order and direct, that the Sum of Three Hundred Dollars, of the above Legacies & bequests, is to be paid in One year after my decease, unto the eldest heir or heirs above named, thence annually to be paid thereafter the Sum of One Hundred Dollars, to the next oldest heir or heirs above named, until each hath received the amount, so to him bequeathed, which said bequests doth amount together to One thousand Seven hundred and fifty five Dollars, and the said Sum of Money, so given and bequeathed, shall be and remain a Lien on the within mentioned Lands & Tenements herein before bequeathed unto Henry Epting, until the same is fully paid and Satisfied. And as touching all the rest, residue, and remainder of my Estate, real, personal, & mixed, of what kind or nature so ever the same may be, in the County of Berks aforesaid, or elsewhere, I give and devise the same unto my said friend Henry Epting, and to his Heirs and Assigns forever.

Item, It is further my Will, and I do further order and direct. that in case the Commonwealth of Pennsylvania is entitled to receive from my estate, and doth recover and can receive a percentage out of my estate, agreeable to the Collateral Inheritance laws of the said Commonwealth, then and in such case the same shall be paid out the Legacies & bequests, by me given and bequeathed unto the said Henry Epting, his heirs & assigns.

And lastly I nominate, constitute and appoint my esteemed friend Henry Epting to be the Executor of this my Will, hereby revoking all other wills legacies and bequests by me heretofore made, and declaring this and no other, to be my last Will and Testament.

In witness whereof, I have hereunto set my Hand and Seal, the Twenty Sixth Day of November, AD, One thousand eight hundred and forty seven.

John D Miller

Signed sealed and declared by the said testator as his last Will and Testament in the presence of us

Israel Derr
Daniel Nies
Johannes Neishwender

Submitted by: Mary Alice.


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