MILLER, MS, Pontotoc County, 1849

Pontotoc County, MS Probate Court; Will Book 4, p 118, 119, 120
March term A.D. 1849
Pkt 378, Ebenezer Millers Estate -- To the Hon. Probate Court of Pontotoc County.

    The petition of Hugh R. Miller and Andrew Miller Executors of the last will and testament of Ebenezer Miller deceased late of said county, shows that said testator by his last will and testament bequeathed all the rest and residue of his property, after naming certain specific legacies,  To be equally distribute amongst all his children, share and share alike; and that said testator left at the time of his death nine negro slaves not specifically devised.
... Petitioners show that said slaves are incapable of division in kind, and petitioners represent that a sale of said slaves will be absolutely necessary as a preliminary step to the division and distribution of said slaves.
... Petitioners show that said Ebenezer Miller left surviving him and now living, 1. Andrew Miller, 2. Ebenezer Erskine Miller, 3. Jane P. Norwood wife of Wesley C. Norwood, 4. Susan Miller, 5. Hugh R. Miller, 6. Robert Alex.Miller & 7. Margaret A. Miller, your petitioners Hugh R. Miller & Andrew Miller, and the others named above, being the only children devisees or legatees of said testator, and the only persons interested in said negro slaves, and that said children are all of lawful age  To represent their interests in this behalf.
... Petitioners show that all of said children and parties interested in said slaves reside in the County of Pontotoc, State of Mississippi, except Jane P. Norwood and Wesley C. Norwood her husband who reside in  Abbeville District, South Carolina.
... Petitioners therefore pray that Said Ebenezer E. Miller, Susan Miller, Robert Alex. Miller and Margaret A. Miller may be summoned to be and appear before this Hon. Court, on a day certain, and that an order of publication of citations  To said Jane P. Norwood and Wesley C. Norwood may be granted, requiring them and each of them,  To appear before this Hon. Court on a day certain,  To show cause, if any they can, against the sale of said slaves, and that a proper time, a sale of said slaves may be decreed by your Honor, & that such other orders & proceedings may be had, as to your honor many seem meet & proper.
... And your petitioners as in duty, &c.  Petitioners state that said negro slaves are named and described as follows, Ben, a man aged about 45 years, Harry, a man aged about 35 years, Mose, a man aged about 60 years, Eliza, a woman aged about 23 years, and her three children, Inde, a woman aged about 70 years, and Isaac a boy  aged about 11 years.
... Sworn To subscribed in Andw Miller open court, Sec. 8th 1856;    Hugh R. Miller  John [last name obscured]

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