Halsey Family Tree

McMillan, John Jr

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Narrative

I am somewhat reluctant to include this linkage. The primary evidence is the will naming Caswell as a beneficiary. While this might indicate that Caswell's wife Mahala was in fact Mahala McMillan, it by no means proves it. Her given name is established through US Census records.

Caswell's marriage to Mahala was dated such that she could not appear as a named individual on a US Census until after she married, and of course no maiden names are listed.

John McMillan left a will on 13 August 1855 at Ashe County, NC.:

In the name of God Amen, I John McMillan of the county of Ashe and state of North Carolina feeling weak in body and knowing that all men must die, and after death to judgment when all mankind must give an account for the deeds done in the body. And as for my property, both real and personal, my will is as follows. I bequeath and give to my son William McMillan the land where he lives known as the James McMillan tract. It is to be divided from the tract that I now live on in the following manner to begin at the mouth of a small branch called the Middle branch that runs into the Piney fork near the old Wm Baldwin house place and south of Jas B Parsons south east corner thence on the west side of the old Coots field fence so as to include said old field then with the fence to the wagon road then to the old ridge or orchard field on Baker Ridge known as the Wm Baldwin place to include said field then East to A.B. McMillan's land and with his lines and William Hanes and Moses Dixons lines to the first station. It being the land that my father willed to James McMillan's sons. The home place and all my adjoining lands I give to my son John McMillan with the following reservations, that is to say. My beloved wife is to have the houses and out houses and her dower in the home tract of land during her life. I also will to her forever the tract of land on the south fork of New River containing about two hundred acres it being the land I purchased of T. Witcher. She is to sell or dispose of it as she think proper. She is to have ten choice cows, sheep and hogs, half of what I now have or had. Also my yoke of oxen, (my black smiths tools her life time). I give my wife two horses named doll and dove, all my household and kitchen furniture and I give my wife three negroes her choice during her life. I give to William McMillan my negro boy Simon and one half of a boy named Lee and to my son John McMillan I give the Negro boy Sam and to my daughter Adaline I give the negro boy Alfred to my daughter Polly Dickson I give her a note that I hold on Enoch Reeves, that he gave me for negro girl that I sold to him. My daughter Nancy that married Noah Baldwin being dead and having left no heirs and what property that I gave him after marriage he may keep but he is not to have any more of my estate and the note that I have on Noah Baldwin he is to pay it to my estate or heirs. To my daughter Jane I give a small negro girl named Ann. The balance of my property not willed away is to be sold and all my debts collected and all my debts is to be paid and any money remaining on hand to be divided among my daughters so as to make them equal except Cindy Cavender. The property that I give my two sons is to be all that they are to have. The land that I purchased in Grayson County known as the Ed Parsons tract Caswell Halsey is to have the land on the west side of the waggon road at its value and if he can pay for all of the said tract he may have it. If not the residue is to be sold and the money divided among my daughters as above mentioned with the above exceptions. I give to my daughter Jane a mare that she claims to be her property. I constitute and appoint Alexr B. McMillan my executor to execute this my last will and testament. Revoking all other wills and testaments. Given under my hand and seal this the 13th day of August 1855. John McMillan Jurat

Jas B. Parsons Preston B Reeves

I make the following codicil to the above will. I have claims and leases for mineral in several tracts of land. If there should be found on any of said lands leased as above mentioned that may be of value my will is that all my children have an equal interest in said mineral by their paying or causing to be paid an equal share of the expense of testing and working said lands. Given under my hand and seal this 13th day of August 1855. John McMillan

Jurat

J B Parsons

Preston B Reeves

State of North Carolina, Ashe County, court of pleas and quarter sessions Nov Term 1855. I Robert Gambill clerk of the court of Pleas and Quarter sessions for county of Ashe and State of North Carolina do hereby certify that the said will and testament was duly proven in open court by the oath of Joseph B Parsons one of subscribing to said will and ordered to be recorded

test

Robt Gambill, clk

Note: this wording, which is from the original handwrtten will obtained from the state archives, differs from the transcribed copy in the will book in Ashe County. The will book copy leaves out the words "except Cindy Cavender" and also the words "that married Noah Baldwin."

Ancestors