Father: John W. Miller
Mother: Hester Sherwood
Biographical Details:
Elijah Johnson Miller was born on February 26, 1820, in Casey County, Kentucky, and, accordingly, he almost certainly spent his childhood and youth in this locality. He was the son of John W. and Hester Sherwood Miller and moved from Casey County to Gentry County, Missouri, shortly before 1850, evidently accompanied by his younger brother, Jefferson. Known familiarly as "Jonse", he did not marry, but as well as a farmer he was an avid businessman throughout his life. At this time, Gentry County was at the frontier and was rapidly being populated by settlers, particularly from Kentucky, Tennessee, and Virginia. Naturally, such a location might have been quite attractive to an enterprising individual such as Jonse. Furthermore, it is known that his older sister, Frances Ann, and her husband, Robert J. Austin, had moved to Gentry County in the fall or winter of 1847 and settled in or near the town of Albany (then known as Athens). Nevertheless, since, E. J. (Jonse) Miller was party to a real estate conveyance in Casey County in February of 1848, it would seem that he did not migrate to Missouri until 1848 or 1849. Indeed, the population schedule for the 1850 US Census for Gentry County included both Elijah Miller and Elijah J. Miller, viz., as resident in the household of his brother-in-law, Robert Austin, and also in the household of Willis B. Sampson. Both of these households were then resident in Athens Township. Within this context, any relationship between the Sampson family and Elijah J. Miller remains uncertain; however, it is known that Mrs. Sampson was originally Miss Mary Jane Miller, born March 3, 1829, in Greenbrier County, Virginia, to Henry P. and Margaret George Miller. Therefore, it is plausible that Elijah Miller and Mary Sampson were relatives (perhaps, first cousins or first cousins once removed). Of course, as an unmarried man it is plausible, even likely, that Jonse Miller would have been living with relatives. Moreover, there is no documentary evidence that two individuals both having the name "Elijah Miller" and born in Kentucky in about the same year, were living in Gentry County simultaneously in 1850. Indeed, the name and age of the individual resident in the Sampson household is more closely in accord with what is known of Jonse Miller. Therefore, it is a reasonable presumption that Elijah and Elijah J. Miller were one and the same person and, concomitantly, that his name was erroneously entered into the population schedule twice. Indeed, early census enumerators were required to travel through their assigned districts typically during a period of two or three months and, consequently, to avoid unnecessary backtracking they would frequently rely on indirect information, perhaps, provided by relatives and neighbors. As a matter of chronology, the two entries for Elijah Miller were made on succeeding days (September 27 and 28, 1850), which suggests that he was included in both households as a consequence of statements made by others. Of course, this is merely a plausible hypothesis. (As noted elsewhere, it appears that Elijah J. Miller was also included in the household of his mother in Casey County and, therefore, appeared in the 1850 census a total of three times!) Alternatively, Jonse may have been confused with his brother, Jefferson, since the name "Jefferson Miller" dod not appear in the 1850 Gentry County population schedule, although it is believed that he was also living in Gentry County at this time.Source Notes and Citations:Three land patents for a total of just over four hundred and eighty-six acres were issued to Elijah Miller in 1857.1 Of course, these were undoubtedly entered several years earlier. The specified parcels are located near the early settlements of Alanthus Grove and Mount Pleasant. (Contemporaneously, a land patent for one hundred and twenty acres located on the west side of the East Fork of the Grand River about two and one half miles east of the present village of Gentry was also issued in 1857 to Jonse's brother, Jefferson Miller.2) It seems quite likely that Jonse chose to patent these particular three parcels because, in addition to being excellent farmland, they also would have become even more valuable if the nearby settlements subsequently had grown into larger towns; however, this did not happen and in succeeding years Alanthus Grove remained quite small and Mount Pleasant disappeared altogether Even so, it is evident by his subsequent success that Jonse had considerable aptitude for business and, in contrast to many early settlers, he appears to have been reasonably secure financially when he arrived in Gentry County. In any case, it would further appear that Jonse Miller did not remain on or, perhaps, never even occupied any of these farms and more likely sold or traded the parcels soon after the patents were issued. This is supported by the population schedule of the 1860 US Census for Gentry County, which indicates that E. J. Miller, forty years of age, was living in a boarding house in the town of Albany and, furthermore, that the house was owned by Daniel Brown, a tailor, and in addition to his wife, their two children, and a young female domestic, was also occupied by twelve single men of various occupations, viz., merchants, lawyers, printers, mechanics, and even the county clerk. Concomitantly, Elijah Miller may have been associated in some capacity with James R. Conway.3 Indeed, in 1860 E. J. Miller and James Conway, were evidently both merchants and both resident in Brown's boarding house. Subsquently, in 1870 they occupied a single household, again, in the town of Albany. James Conway was two years younger than Jonse, and in 1860 they both possessed a considerable amount of personal property, which was valued in the population schedule at about five thousand dollars each. (In addition, E. J. Miller evidently also possessed real estate valued at about eight thousand dollars.) Accordingly, it would seem likely that Jonse Miller owned or, at least, had a significant interest in a store, perhaps, in partnership with Conway; however, nothing definite is known regarding the nature or location of this putative enterprise. Nevertheless, a real estate conveyance in 1891 for "twenty-two feet off the west side of Lot Four in Block Two in the City of Albany" may indicate a location, which corresponds to the northeast corner at the intersection of Polk and Clay Streets across from the northwest corner of the Courthouse square 4 (In Albany, as is typical of "county seat towns", businesses rather than residences occupy street frontage around the Courthouse square.) Moreover, in the 1870 population schedule Elijah J. Miller appeared as a "retired merchant" with a combined estate of about fifteen thousand dollars, but the occupation of James R. Conway was indicated as "clerk in store" and he had a combined estate worth only sixteen hundred dollars. Therefore, it seems that Jonse Miller substantially prospered in business during the 1860's. In contrast, Conway although evidently secure financially, had a much smaller estate, perhaps, as a consequence of his interest and participation in politics. Accordingly, this might indicate that Jonse Miller and James Conway were not business partners after all but, perhaps, merely close friends. Of course, after more than a century it is difficult to determine the precise nature of the relationship between James Conway and Jonse Miller; however, both appear to have been active in civic affairs. Indeed, according to a history of Gentry County published in 1882, E. J. Miller served as Treasurer of the town of Albany in 1864 and as a Trustee in 1871. This presumption is further supported by a real estate conveyance in 1892 in which Eliajh J. Miller sold just over twenty acres to "The Gentry County Fair Association" for the sum of one dollar. This parcel was known locally as the "Fair Grounds" and is located presently at the west edge of the town of Albany at the intersection of US Route 136 and Business Route 136 (and, currently, consists primarily of commerical property and highway right-of-way). Even so, Elijah Johnson Miller apparently returned to Kentucky before 1880. This is not only confirmed by civil rrecords, but by the population schedule of the 1880 US Census for Casey County which included Elijah J. Miller as resident in Tates Magisterial District with his older brother, Thomas A., and his aged mother Hessey Miller. It seems reasonably certain that they were living on the "homeplace" originally settled by Thomas Sherwood (Jonse's maternal grandfather). Indeed, it would appear that Jonse was still actively engaged in business since his occupation was indicated as "stock trader". Moreover, in the 1880's and 1890's, as well as evidently returning frequentky to Gentry County, Elijah Johnson Miller traveled to various localities in Kentucky, Arkansas, and even Florida. Indeed, on May 18, 1891, he notarized a deed in Carroll County, Arkansas, and, likewise, notarized a deed in Orange County, Florida, on February 18, 1892. It is not known why he traveled to these places; however, at that time there was substantial livestock production in Orange County. Alternatively, he might have gone to Florida simply for the mild winter weather. Concomitantly, ever since the 1850's, Eureka Springs in Carroll County, Arkansas, has been been known for mineral springs, which purportedly have healing properties.
Elijah Johnson Miller made his last will and testament on September 20, 1890, and died several years later in Orlando, Florida, but, nevertheless, was buried in the Miller Cemetery in Casey County. Concomitantly, his tombstone affirms a date of death as February 8, 1896; however, his will was proved and admitted into the Probate Court of Gentry County on February 14, 1898.5 Since it seems unlikely that two years should have elapsed between his death and probate of his will, it would seem almost certain that Jonse Miller actually died in 1898. Indeed, this is confirmed by a death notice published in Darlington. Missouri, on February 17, 1898. Concomitantly, among various provisions his will directed that his property remain undivided and undistributed until 1920. It is not known what motivated Jonse to adopt such a restrictive provision, but it is longstanding family tradition that he was particularly interested in the welfare of his two orphaned nephews, Thomas Jefferson and James Johnson Evans. They were sons of his deceased sister, Elizabeth Miller Evans, and her husband, John Evans, also deceased. Within this context, it is, perhaps, significant that they were apparently namesakes of Jonse himself and his younger brother, Jefferson (who had died October 30, 1860, at only thirty-three years of age). Accordingly, family tradition affirms that "Uncle Jonse set up his nephews" on large farms about 1885. Presumably, they originally rented the land with the intent of eventual ownership, which suggests that Jonse did not wish this arrangement to be disturbed; hence, he stipulated that after his death, his real estate remain undivided and income from rents distributed annually among his heirs. Even so, when Elijah J. Miller died, twenty heirs of various degree were claimants to his estate, viz., a brother, a sister, fourteen nieces and nephews, and four greatnephews. As might be expected, the rather stringent provisions of Jonse's will were not acceptable to all of the heirs and, consequently, precipitated a legal action in June of 1898 to "break the will", which would then allow the estate to be distributed immediately as if Jonse Miller had died intestate.6 The plaintiffs in the suit, naturally, were the twenty heirs-at-law and the defendants were the executors, Joshua B. Thomas, Robert M. McCammon, and George S. Hundley, who Elijah J. Miller had identified as "his friends". Moreover, these three men can be identified as prominent civic leaders and businessmen in Gentry County, viz., bankers, merchnats, county officials, etc., and as is evident in the record, they vigorously opposed the suit. Nevertheless, the Gentry County Circuit Court found for the plaintiffs in March of 1899.7 The defendants immediately appealed the judgement to the Supreme Court of Missouri, which upheld the decision of the lower court the following June.8 The motivation for the executors to oppose the suit so strneuously is not clear; however, as friends of the decedant they may have simply desired to satsify his wishes to the best of their ability. Alternatively, the will allowed the executors "reasonable compensation" for the management of the estate, so they may have desired to continue this arrangement as financially advantageous to themselves. In any case, at the conclusion of the suit any comtrol of the estate by the executors was terminated and title to 1300.29 acres of land divided into four contiguous parcels within Gentry County was vested in the twenty heirs.9 Subsequently, all of Jonse Miller's real estate was conveyed to four of the heirs, viz., James J. Evans, Thomas J. Evans, Eliza Toms, and Robert J. Austin, Jr., in exchange for cash. Furthermore, James J. and Thomas J. Evans evidently remained on their farms, presumably, just as Uncle Jonse had wished.
1a. The United States of America; Certificate No. 19,977; To all to whom these presents shall come, Greeting: Whereas Elijah Miller of Gentry County, Missouri, has deposited in the General Land Office of the United States, a Certificate of the Register of the Land Office at Plattsburg whereby it appears that full payment has been made by the said Elijah Miller according to the provisions of the Act of Congress of the 24th of April, 1820, entitled "An act making further provision for the sale of Public Lands," for the South half of the South West fractional quarter of Section thirty one, in Township sixty four, of Range thirty two, in the district of lands subject to sale at Plattsburg, Missouri containing fifty two acres and thirty nine hundredths of an acre according to the official plat of the Survey of the said Lands returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said Elijah Miller; Now know ye, that the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, Have Given and Granted, and by these presents Do Give and Grant, unto the said Elijah Miller and to his heirs, the said tracts above described: To have and to hold the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, to the said Elijah Miller and to his heirs and assigns forever. In Testimony Whereof, I, Franklin Pierce, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the twentieth day of February in the year of our Lord one thousand eight hundred and fifty seven and of the Independence of the United States the eighty first. By The President: Franklin Pierce; By G. H. Jones, asst Secretary; J. N. Granger Recorder of the General Land Office (US Land Patent Certificate No. 19977; MO, Vol. 472, pg. 115, Bureau of Land Management, Washington, DC, issued 20 Feb 1857. (BLM GLO Records, http://www.glorecords.blm.gov/default.aspx, 2016.))b. The United States of America; Certificate No. 19,351; To all to whom these presents shall come, Greeting: Whereas Elijah J. Miller, of Gentry County, Missouri, has deposited in the General Land Office of the United States, a Certificate of the Register of the Land Office at Plattsburg whereby it appears that full payment has been made by the said Elijah J. Miller according to the provisions of the Act of Congress of the 24th of April, 1820, entitled "An act making further provision for the sale of Public Lands," for the North East quarter, and the East half of the South East quarter of Section thirty three, in Township Sixty three, of Range Thirty two, in the District of Lands subject to sale at Plattsburg, Missouri containing two hundred and forty acres according to the official plat of the Survey of the said Lands returned to the General Land Office by the Surveyor General, which said tracts have been purchased by the said Elijah J. Miller; Now know ye, that the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, Have Given and Granted, and by these presents Do Give and Grant, unto the said Elijah J. Miller and to his heirs, the said tracts above described: To have and to hold the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, to the said Elijah J. Miller and to his heirs and assigns forever. In Testimony Whereof, I, James Buchanan, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the first day of July in the year of our Lord one thousand eight hundred and fifty seven and of the Independence of the United States the Eighty first. By The President: James Buchanan; By Wm Flinn, asst Secretary; J. N. Granger Recorder of the General Land Office (US Land Patent Certificate No. 19351; MO, Vol. 476, pg. 154, Bureau of Land Management, Washington, DC, issued 1 Jul 1857. (BLM GLO Records, http://www.glorecords.blm.gov/default.aspx, 2016.))
c. The United States of America; Certificate No. 16,990; To all to whom these presents shall come, Greeting: Whereas Elijah Miller, of Gentry County, Missouri, has deposited in the General Land Office of the United States, a Certificate of the Register of the Land Office at Plattsburg whereby it appears that full payment has been made by the said Elijah Miller according to the provisions of the Act of Congress of the 24th of April, 1820, entitled "An act making further provision for the sale of Public Lands," for the North East quarter of Section six, in Township sixty three, of range thirty two, and the South East quarter of the South East quarter of Section thirty one, in Township Sixty four, of range thirty two, in the District of Lands subject to sale at Plattsburg, Missouri, containing one hundred and ninety four acres and two hundredths of an acre according to the official plat of the Survey of the said Lands returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said Elijah Miller; Now know ye, that the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, Have Given and Granted, and by these presents Do Give and Grant, unto the said Elijah Miller and to his heirs, the said tracts above described: To have and to hold the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, to the said Elijah Miller and to his heirs and assigns forever. In Testimony Whereof, I, James Buchanan, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the first day of December in the year of our Lord one thousand eight hundred and fifty Seven and of the Independence of the United States the Eighty second. By The President: James Buchanan; By Wm Flinn, asst Secretary; J. N. Granger Recorder of the General Land Office (US Land Patent Certificate No. 16990; MO, Vol. 475, pg. 254, Bureau of Land Management, Washington, DC, issued 1 Dec 1857. (BLM GLO Records, http://www.glorecords.blm.gov/default.aspx, 2016.))
back to bio.2. The United States of America; Certificate No. 18,223; To all to whom these presents shall come, Greeting: Whereas Jefferson Miller, of Gentry County, Missouri, has deposited in the General Land Office of the United States, a Certificate of the Register of the Land Office at Plattsburg whereby it appears that full payment has been made by the said Jefferson Miller according to the provisions of the Act of Congress of the 24th of April, 1820, entitled "An act making further provision for the sale of Public Lands," for the South West quarter of the South West quarter of Section twenty three, and the North West quarter of the North West quarter of Section twenty six, and the North East quarter of the North East quarter of Section twnety seven, in Township Sixty four, of range thirty one, in the District of Lands subject to sale at Plattsburg, Missouri, containing one hundred and twenty acres according to the official plat of the Survey of the said Lands returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said Jefferson Miller; Now know ye, that the United States of America, in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, Have Given and Granted, and by these presents Do Give and Grant, unto the said Jefferson Miller and to his heirs, the said tracts above described: To have and to hold the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, to the said Jefferson Miller and to his heirs and assigns forever. In Testimony Whereof, I, James Buchanan, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the first day of December in the year of our Lord one thousand eight hundred and fifty Seven and of the Independence of the United States the Eighty second. By The President: James Buchanan; By Wm Flinn, asst Secretary; J. N. Granger Recorder of the General Land Office (US Land Patent Certificate No. 18223; MO, Vol. 475, pg. 485, Bureau of Land Management, Washington, DC, issued 1 Dec 1857. (BLM GLO Records, http://www.glorecords.blm.gov/default.aspx, 2016.))
back to bio.3. John. C. Leopard and Buel Leopard (Daviess Co.), R. M. McCammon and Mary McCammon Hillman (Gentry Co.), History of Daviess and Gentry Counties, Historical Publishing Company, Topeka, KS, 1922: pgs. 279 & 329. (Reprint available from the Higginson Book Co., 148 Wash. St., P. O. B. 778, Salem, MA, 01970)
James R. Conway, aged twenty-eight years and born in Indiana, appeared in the 1850 Gentry County population schedule as a merchant resident in the village of Gentryville. At that time, he was living in the household of Lemuel C. Whedbee, who reportedly kept the first hotel in the village. Likewise, J. R. Conway was reportedly an original officer of the Gentryville Lodge, No. 125, of A. F. & A. M. (Ancient Free and Accepted Masons), when it was organized in November of 1849. Since Gentryville was one of the first permanent settlements in Gentry County, this suggests that James Conway was one of the earliest businessmen in the community. He evidently had moved to Albany by 1860 where he seems to have continued in business, perhaps, in association with Elijah J. Miller. Moreover, Leopard's history reveals that James R. Conway served two terms in the Missouri House of Representatives, viz., 1858-60 and 1862-4. Perhaps, Conway's political interests explain why he prospered in business less well than might have been expected. Moreover, as indicated elsewhere James Conway seems to have remained in association with Elijah Miller until after 1870; however, according to the population schedule of the 1880 US Census for Platte County, Missouri, James R. Conway, a retired merchant of fifty-eight years of age, was living in May Township with his father, William Conway, aged eighty years. Concomitantly, William Conway appears to have emigrated from Indiana and settled in Platte County before 1850. Moreover, it would seem that just as Elijah Miller, James Conway never married and in his later years lived and, perhaps, cared for an aged parent. (1850 US Census Population Schedule for Gentry County, Missouri, National Archives, Washington DC: pg. 202A, (microfilm: roll M432_399; img. 392) & 1880 US Census Population Schedule for Platte County, Missouri, National Archives, Washington DC: pgs. 190B, (microfilm: roll T9_710; img. 393).)
back to bio.4a. THIS INDENTURE, Made on the 16thday of May A. D. One Thousand Eight Hundred and Ninety one, by and between Elijah J Miller (a single man) of Casey County Kentucky party of the First Part, and Joshua B Thomas of the County of Gentry in the State of Missouri party of the Second Part:
WITNESSETH, That the said party of the First Part, in consideration of the sum of Two Thousand Dollars, to him paid by the said party of the Second Part, the receipt of which is hereby acknowledged, does by the presents GRANT, BARGAIN AND SELL CONVEY AND CONFIRM unto the said party of the Second Part, and to his heirs and assigns, the following described lots, tracts or parcels of land, lying, and being and situate in the County of Gentry and State of Missouri, to-wit:
Twenty two (22) feet off the West side of Lot Four (4) in Block Two (2) in the City (formerly Town) of Albany
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonginmg, or in anywise appertaining, unto the said party of the Second Part, and unto his heirs and assigns, FOREVER; the said Grantors hereby covenanting that he is lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that he has good right to convey the same; that the said premises are free and clear of any incumbrances done or suffered by him or those under whom he claim; and that he will Warrant and Defend the title of the said premises unto the said party of the Second Part, and unto his heirs and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the First Part hereunto set his hand and seal the day and year first above written. /s/Elijah J Miller (seal)STATE OF Arkansas COUNTY OF Carroll} ss.
On this 18thday of May 1891, before me personally appeared Elijah J Miller to me known to be the person described in, and who executed the foregoing instrument and acknowledeged that he executed the same as his free act and deed. And the said Elijah J Miller further declared himself to be single and unmarried.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at office in Eureka Springs Ark the day an year first above written. My term in office as a Notary Public will expire Dec 23rd 1891.... /s/George W Ray Notary Public in and for Carroll County Arkansas (seal)The foregoing Deed was filed for Record in this office on the 25 day of May 1891, at 2 o'clock __ minutes P M..... /s/J S Williams Recorder (filed: 25 May 1891, Bk. 88, Gentry Co., MO, pg. 334.)
b. THIS INDENTURE, Made on the 8th day of February [A. D. one thousand] eight hundred and ninety-two, by and between Elijah J Miller a bachelor of the County of Gentry and State of Missouri party of [the first part, and] The Gentry County Fair Association of the County of Gentry in the State of Missouri party of [the second part:]
WITNESSETH, That the said partis (sic - party) of the first part, in consideration of the sum of One Dollars, to him [paid by the said] party of the second part, the receipt of which is hereby acknowledged, do by the presents Remise, Release [and Convey to] the said party of the second part, the following described lot, tract or parcel of land, lying, and being and [situate in the County] of Gentry and State of Missouri, to-wit:
2058/100 Acres, Beginning at the South east corner of the North east [quarter of Section] Twenty three (23) Township Sixty three (63) Range Thirty one (31). thence ... chains. thence West 6 chains and 75 links to bed of Grand River. thence S 59o W 7 chains. thence down bed of River S 23o W 7 chains. thence ... chains. thence East 5 chains and 51 links to the beginning and known [as the] Fair Ground tract.
This Deed Made in lieu of deed supposed to have been destroy (sic - destroyed) in [court house fire and] lost.
[This Deed of Quit-claim being made in release of, for a certain Deed dated [the __ ] day of 18__, recorded in the Recorder's office within and for the County of __ aforesaid, in Deed Book __ at pages __]
TO HAVE AND TO HOLD the same, with all the rights, immunities, privleges and apputenances thereto [belongimg, to the said] party of the second part, and his heirs and assigns, FOREVER; so that neither the said party of the first [part, nor his] heirs, nor any person or persons for him or in his name or behalf, shall or will hereafter claim [the rights or] title in the aforesaid premises, or any part thereof, but they and every of them, shall by these presents be excluded and [forever barred].
IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal [the day and year] first above written. /s/Elijah J Miller
Signed , Sealed and Delivered in the Presence of us: /s/B Beacham /s/R H MarksSTATE OF Florida COUNTY OF Orange} ss.
On this 18thday of February 1892, before me personally appeared Elijah J Miller to me known to be [the person described in] and who executed the foregoing instrument and acknowledeged that he executed the same as his [free act and deed. And] the said Elijah J Miller further declared himself to be single and unmarried.
... (Bk. 92, Gentry Co., MO, pg. 22.)
back to bio.5. "Abstract of Title, No. 1304, To W½ NW¼ & N½ SW¼ Sect. 29, and the E½ NE¼ & SE¼ Sect. 30 all in Twp.62. Rg. 32, Containing 399 Acres in Gentry County, Missouri", Prepared by Geo. C. Holden, Abstractor of Titles, Loan Broker and Notary Public, For J. J. Evans, July 10#, 1899 at 1000 A. M.
Note No. 2.
After formal premises and directions to his executors as to the lease of his real-estate and sale of same if in their judgement the interests of his devisees demand it, the collection of moneys due or to become due and as to the investment of all moneys of which he may die possessed as well as moneys which shall be collected on debts or arising from sale of real or personal property, will recites:-
It is my will and desire and I hereby direct that my executors shall, annually, pay to my heirs in the manner hereinafter prescribed all moneys collected as interest on loans, as rents occuring from my real-estate, after having first deducted therefrom all of the necessary current expences (sic - expenses) of the managment (sic - management) of my estate. The costs of necessary repairs and insurance and a reasonable compensation for their services as such Executors. In making the annual payments to my heirs it is my will and desire, and I hereby direct, that my executors make such payments by distributing the amount then in their hands for that purpose among all of my heirs who may be living at that time in accordance with the laws of Missouri, governing the descent and distribution of estates, now in force.
It is my will and desire and I hereby direct, that no general distribution of the property of which I may die seized or possessed shall be made until the year A. D. 1920 and that no part of my estate excepting such as shall arise as interest on loans and from the rental of my real-estate shall be used or expended for any purpose whatever.
It is my will and desire and I hereby direct that in A. D. 1920 my whole estate shall be converted into money and then distributed among my heirs then living according to Chapter Fifty-one (51) of the Satutes of Missouri now in force.
It is my will and desire and I hereby direct that this my last will and testament be exhibited to and proven in the Probate Court of Gentry County, Missouri, and that letters testamentary thereon shall be issued from said Court.
I hereby appoint my friends Joshua B. Thomas, George S. Hundley, and Robert M. McCammon, Executors of this my last will and testament, and I hereby request and direct that they, or either of them, in the event of the death of the others be permitted to qualify, enter upon and discharge the duties of such executorship without executing or entering into any bond or other obligations as such executors in the settlement of my estate and of any debts due me to comprise such debts, and if they think it advantageous to my estate to accept in satisfaction the full amount thereof.
In Witness Whereof, I have hereunto subscribed my name this 20" day of September A. D. 1890.
Signed: Elijah J. Miller
.Will proven and admitted to Probate in the Probate Court of Gentry County, Missouri, February 14th, 1898. (Probate Records, Gentry County, Albany, MO: Bk. 1, pg. 380.)
back to bio.6. State of Missouri County of Gentry} ss. In The Circuit Court of Gentry County, Missouri September Term 1898.
Sarah E. Marsh, Mary M. Norris, James J. Evans, Almira P. Birch, Martha C. Ireland, John H. Austin, Margaret B. Davidson, Samuel G. Clark, Mahala J. Hunter, Thomas J. Evans, Thomas A. Miller a person of unsound mind by Erastus L. Peery curator of his estate, Eliza Toms, Hester Marsh, Mary J. Graves, Charles C. Clark, Ulysses S. Clark, Sarah F. Thomas, Robert J. Austin, Perry J. Clark and Nancy E. Baldock, Plaintiffs.
vs.
Joshua B. Thomas, Robert M. MCCammon and George S. Hundley, Defendants.
Notice is hereby given that a suit or action entitled as above stated has been brought returnable to the September term 1898 of the said circuit court of Gentry county, one of the objects and purposes which is to affect the title to the following described real estate situated in Gentry County, Missouri; to wit: The South half of the South West quarter of Section No. 5, and the North half of Section No. 8, [in Township No. 61 of Range No. 31, and the West half of the North West quarter, and the North half of the South West quarter of Section No. 29,] and the East half of the North East quarter, and the South East quarter of Section No. 30, in Township No. 62, of Range No. 32; the South East quarter of the South East quarter of Section No. 22, and the South West quarter of the South West quarter, and the West half of the South East quarter of the South West quarter, of Section No. 23, and the North West quarter of Section No. 26, except forty acres East of Grand River, and the North half of the South West quarter of Section No. 26, in Township No. 63, of Range No. 31; the North East quarter of the North East quarter of Section No. 27, except about 3 amd 51/100 acres out of the South East corner thereof described as follows, to-wit, Commencing at the South East corner of said last named forty acres tract, thence West 25 rods, thence North 221/2 rods, thence East 25 rods, thence South 221/2 rods to the place of beginning, in township No. 63 of Range No. 31; and about 3 and 80/100 acres out of the South East Corner of the North East quarter of Section No. 27, described as follows, to-wit: Commencing at the South East Corner of said North East quarter of Section No. 27, thence West 40 rods, thence North 14 rods, thence East 40 rods, thence South 14 rods to the place of beginning, in Township No. 63 of Range No. 31; and the North East quarter of the South East quarter of Section No. 27 in Township No. 63 of Range No. 31; and the West half of the South East quarter and the West half of the East half of the South East quarter of Section No. 16, in Township No. 64 of Range No. 30; and to adjudge and decree the title, interest and estate of the parties to said action respectively in and to said described real estate, and to vest the absolute fee simple title thereto in the above named plaintiffs. /s/Sarah E. Marsh, et al Plaintiffs.Filed June 30#, 1898 at 1030 A. M. /s/Dale S. Flowers Recorder (filed: 30 Jun 1898, Bk. 99, Gentry Co., MO, pgs. 208-9.)
back to bio.7. This suit proceeded from initial filing of a petition (i.e., complaint) by twenty heirs-at-law of Elijah Johnson Miller, plaintiffs, against the three Executors of Miller's will. An essential objective of the suit was to void provisions of the will that prevented sale of real estate and distribution of funds until the year 1920. Adjudication was further complicated because of the death of one of the heirs, Thomas A. Miller. His interest was subsequently represented by Wallace Hubbard, Public Administrator of Gentry County. Judgement was rendered by the Cirucit Court of Gentry County on March 29, 1899, which held invalid the disputed provisions of the will and granted relief to the plaintiffs. This was evidently opposed strenuously by the Executors, who immediately appealed to the Supreme Court of the State of Missouri. The chronological progression of the suit is summarized as follows:
Original Petition filed June 30, 1898. Amended Petition filed August 19, 1898. Summons "to the Sheriff of Gentry County" to all said defendants returnable second Monday in September 1898.
September Term, September 14, 1898. Defendants by Attorney file Demurrer (an objection that plaintiff's point is irrelevant or invalid, although the factual basis is granted.).
September 17, 1898. Continued under Advisement.
December Term, December 13, 1898. Plaintiffs by Attorney file stipulation to revive action, which is in words and figures as follows, to-wit:-State of Missouri County of Gentry} ss. In The Circuit Court of Gentry County, Missouri December Term 1898.
Sarah E. Marsh et al Plaintiffs.
vs.
Joshua B. Thomas et al Defendants.
Thomas A. Miller, one of the Plaintiffs herein having died since the last term of said Court, it is hereby stipulated and agreed between the parties plaintiff and defendant that this action shall and may be by this Court revived as to the interest of said Thomas A. Miller, in the name of Wallace Hubbard, Public Adminstrator of Gentry County, Missouri, in charge of the estate of said Thomas A. Miller, and the said parties, plaintiff and defendant, hereby consent and agree that said cause shall be ordered to stand revived in the name of said Administrator upon the suggestion of the death of said Thomas A. Miller. /s/McCollaugh, Peery and Lyons Attorney for Plaintiffs. /s/Brown & Dolman & Goodman & Gibbony Attorneys for Defendants.Thursday, December 22, 1898.
Now on this day this cause coming on for hearing come the parties hereto in person and by their attorneys; and thereupon the death of the plaintiff Thomas A. Miller is in open Court suggested and admitted by the parties plaintiff and defendant. And this cause having been taken under advisement by the Court at the September Term thereof 1898, and the Court being fully advised in the premises, it is by the Court ordered and adjudged that the demurrer heretofore filed in this cause be overruled, and the Court orders judgement overruling said demurrer nunc pro tunc as of the September term, 1898, of this Court, at which term this cause was submitted. The defendants except to the action of the Court in passing on this demurrer, in entering judgement nunc pro tunc, and in overruling the demurrer. And the death of the plaintiff Thomas A. Miller having been suggested and admitted in open Court by the parties hereto, it is by the Court ordered and adjudged that this action be revived in the names of Sarah E. Marsh, Mary M. Norris, James J. Evans, Almira P. Birch, Martha C. Ireland, John H. Austin, Margaret B. Davidson, Samuel G. Clark, Mahala J. Hunter, Thomas J. Evans, Eliza Toms, Hester Marsh, Mary J. Graves, Charles C. Clark, Ulysses S. Clark, Sarah F. Thomas, Robert J. Austin, Perry J. Clark and Nancy E. Baldock, the remaining plaintiffs, as the only heirs at law of Thomas A. Miller, deceased, and in the name of Wallace Hubbard public administrator of Gentry County, in charge of the estate of the said Thomas A. Miller, deceased, who enters his appearance in this cause and adopts the pleadings heretofore filed by the plaintiffs herein, unless good cause be shown against the revivor thereof at the next March 1899 term of this Court. It is further ordered that this cause be continued until the next term of this Court.Defendants by Attorneys file bill of exceptions which are signed, sealed and made part of the record.
March Term, March 24, 1899. Defendants by Attorneys file answer.
March 29, 1899.State of Missouri County of Gentry} ss. In The Circuit Court of Gentry County, Missouri March Term 1899.
Sarah E. Marsh, Mary M. Norris, James J. Evans, Almira P. Birch, Martha C. Ireland, John H. Austin, Margaret B. Davidson, Samuel G. Clark, Mahala J. Hunter, Thomas J. Evans, Eliza Toms, Hester Marsh, Mary J. Graves, Charles C. Clark, Ulysses S. Clark, Sarah F. Thomas, Robert J. Austin, Perry J. Clark, Nancy E. Baldock and Wallace Hubbard, Public Administrator, having in charge the estate of Thomas A. Miller, deceased. Plaintiffs.
vs.
Joshua B. Thomas, Robert McCammon, and George S. Hundley, Executors of the last will and testament of Elijah J. Miller, deceased. Defendants.
Now on this, the 9th day of the March term of said Court for the year 1899, come the above named plaintiffs in person and by their counsel and also the above named defendants in person and by their counsel, and the said defendants having failed within the first four days of this term of this Court to show any cause why this suit should not be revived and continued in the names of the above mentioned plaintiffs and against the said defnendants, it is therefore considered by the Court that this cause be and the same is revived in the names of the above described plaintiffs against the above named defendants, and it is further ordered that this cause proceed accordingly.
And the said defendants having filed their answer herein, thereupon all and singular the matters are submitted to the Court upon the pleadings and proofs, and the Court having heard the evidence and being fully advised in the premisses, doth find the issues for the plaintiffs, and that they are entitled to the relief prayed for in their amended petition. It is therefore ordered, adjudged and decreed as follows to-wit:-FIRST, That the several provisions of the last will and testament of Elijah J. Miller, herein set forth, be and the same are hereby declared, adjudged and decreed void and of no force and affect, which said provisions of said last will, so declared null and void are in words and figures as follows:
"It is my will and desire and I hereby direct that my executors shall, annually, pay to my heirs in the manner hereinafter prescribed all moneys collected as interest on loans, as rents occuring from my real-estate, after having first deducted therefrom all of the necessary current expenses of the managment of my estate, the costs of necessary repairs and insurance, and a reasonable compensation for their services as such executors. In making the annual payments to my heirs, it is my will and desire, and I hereby direct that my executors make such payments by distributing the amount then in their hands for that purpose among all of my heirs who may be living at that time in accordance with the laws of Missouri, governing the descent and distribution of estates, now in force. It is my will and desire and I hereby direct that no general distribution of the property of which I may die seized or possessed shall be made until the year A. D. 1920, and that no part of my estate excepting such as shall arise as interest on loans and from the rental of my real-estate shall be used or expended for any purpose whatever. It is my will and desire and I hereby direct that in A. D. 1920 my whole estate shall be converted into money and then distributed among my heirs then living according to Chapter fifty-one (51) of the Satutes of Missouri now in force."
SECOND, It is further ordered and adjudged and decreed that the title of the said real-estate that the said Miller died seized, set forth and described in the amended petition in this cause, descended to and vested in the heirs at law of the said Elijah J. Miller, deceased, at the time of his death in like proportions and in the same manner as if he, the said Elijah J. Miller, deceased, had died intestate; and it is further adjudged and decreed that the above named plaintiffs (other than the said Wallace Hubbard, public administrator as aforesaid) are entitled to immediate possession of all said real-estate of which the said Elijah J. Miller died seized or possessed; and it [is] further orderd and decreed that the said defendants yield up and turn over to the plaintiffs the possession of said real-estate.
THIRD, It is further ordered and adjudged and decreed that the said defendants now have and hold the moneys, choses in action and personal property of every kind and description belonging to the estate of said Elijah J. Miller, deceased, in trust for the use and benefit of the heirs at law of the said Elijah J. Miller, deceased, after paying the debts of said deceased and the costs of administration; that they proceed forthwith to make settlement of all the said moneys choses of action and personal property in the Probate Court of this County; and that they thereafter proceed with all convenient speed to distribute the personal estate of said Elijah J. Miller, deceased, among the heirs at law of the said Elijah J. Miller, that is to say, the plaintiffs herein, according to the Statutes of this State relating to Descents and Distributions and the law relating to the settlement of the estates of deceased persons; provided however, that the amount of moneys and personal property going to Thomas A. Miller, deceased, be paid and turned over to Wallace Hubbard, public administrator, having in charge the estate of Thomas A. Miller, deceased.
It is further decreed that the costs in this cause be paid by the defendant executors out of the estate of the deceased Elijah J. Miller in their hands and that the defendants be allowed by the Probate Court reasonable sum or sums of money including reasonable attorneys fees in this behalf expended in trial of this cause also including reasonable charges for their services in the trial hereof. /s/Gallatin Craig Judge.Now come the defendants and file their motion for new trial, which said motion for new trisl is taken up by the Court and considered and is by the Court overruled; to which said action of the Court in overruling said motion for new trial the defendents except. And therefore the defendants file their motion in arrest of Judgement, which said motion in arrest of Judgement is taken up and considered by the Court, and is by the Court overruled; to which said action of the Court in overruling said motion in arrest of Judgement, the defendants except. It is therefore ordered that Judgement be entered upon the finding of the Court, and in accordance with the decree filed in this cause.
And thereupon the defendants file their affadavit for appeal, and an appeal is by the Court granted to the Supreme Court of Missouri, and the defendants are given time until or before the 1st day of August 1899 within which to file their bill of exception.
back to bio.8. The judgement of the Circuit Court was appealed by the Executors, Thomas, McCammon, and Hundley, to the Supreme Court of the State of Missouri and was heard in April of 1899. The judgement of the lower court was affirmed and the appellants were ordered to defray the costs of the appeal. With this affirmation, the suit ended in favor of the plaintiffs, i.e., the heirs to the estate of Elijah J. Miller. The estate was then distributed as if the testator had died intestate.
In the Supreme Court of Missouri, April Term, 1899, Court in Banc.
Sarah E. Marsh, Mary M. Norris, James J. Evans, Almira P. Birch, Martha C. Ireland, John H. Austin, Margaret B. Davidson, Samuel G. Clark, Mahala J. Hunter, Thomas J. Evans, Eliza Toms, Hester Marsh, Mary J. Graves, Charles C. Clark, Ulysses S. Clark, Sarah F. Thomas, Robert J. Austin, Perry J. Clark, Nancy E. Baldock and Wallace Hubbard, Public Administrator, having in charge the estate of Thomas A. Miller, deceased. Respondents.
vs. Appeal from Gentry County Circuit Court
Joshua B. Thomas, Robert M. McCammon, and George S. Hundley, Executors of the Last Will and Testament of Elijah J. Miller, deceased. Appellants.
Now at this day, come the said parties by their repective attorneys, and upon their stipulation, it is considered and adjudged by the Court, that the appellants shall refrain from prosecuting their appeal taken in this cause; and that the judgement aforesaid, in form aforesaid, byt the said Gentry County Circuit Court rendered, be in all things affirmed and stand in full force and affect, and that the said respondents recover against the said defendants their costs and charges herein expended, and here thereafter executed.State of Missouri, Sct.
I, John R. Green, Clerk of the Supreme Court of the State of Missouri, certify that the foregoing is a full, true and complete transcript of the judgement of the said Supreme Court, entered of record at the April Term thereof, 1899, and on the 19th day of June, 1899, in the above entitled cause.
Given under my hand and seal of said Court, at the City of Jefferson, this 23rd day of June 1899. /s/Jno. R. Green Clerk. (seal)Filed in the office of the Clerk of the Circuit Court of Gentry County, Missouri, June 24th, 1899 /s/Dale S. Flowers Recorder.
back to bio.9a. Edwards Brothers of Missouri, Historical Atlas of Gentry County, Missouri, Philadelphia, PA, 1877.
E. J. Miller: 1) Twp. 63 N; Rng. 31 W; Sec. 23; SW¼ of SW¼ less 131/3 acre strip off the N side - 262/3 acres more or less. 2) Twp. 63 N; Rng. 31 W; Sec. 26; W½ of NW¼ - 80 acres. 3) Twp. 63 N; Rng. 31 W; Sec. 26; SE¼ of NW¼ - 40 acres. 4) Twp. 63 N; Rng. 31 W; Sec. 26; N½ of SW¼ - 80 acres. 5) Twp. 63 N; Rng. 31 W; Sec. 27; NE¼ of SE¼ - 40 acres. 6) Twp. 63 N; Rng. 31 W; Sec. 27; NE¼ of NE¼ less 31/3 acres at SE corner - 362/3 acres more or less. 7) Twp. 63 N; Rng. 31 W; Sec. 27; SE corner of SE¼ of NE¼ - 3.80 acres more or less.
E. J. Miller: 1) Twp. 61 N; Rng. 31 W; Sec. 5; S½ of SW¼ - 80 acres. 2) Twp. 61 N; Rng. 31 W; Sec. 8; N½ - 320 acres.b. W. P. Bullock, Gentry County 1896, Press of L. Hardman, St. Joseph, MO, 1896.
E. J. Miller: 1) Twp. 64 N; Rng. 30 W; Sec. 16; W½ of SE¼ - 80 acres. 2) Twp. 64 N; Rng. 30 W; Sec. 16; W½ of E½ of SE¼ - 40 acres.
E. J. Miller: 1) Twp. 63 N; Rng. 31 W; Sec. 22; SE¼ of SE¼ - 40 acres. 2) Twp. 63 N; Rng. 31 W; Sec. 23; SW¼ of SW¼ - 40 acres. 3) Twp. 63 N; Rng. 31 W; Sec. 23; W½ of SE¼ of SW¼ - 20 acres. 4) Twp. 63 N; Rng. 31 W; Sec. 26; W½ of NW¼ - 80 acres. 5) Twp. 63 N; Rng. 31 W; Sec. 26; N½ of SW¼ - 80 acres. 6) Twp. 63 N; Rng. 31 W; Sec. 26; part of E½ of NW¼ - 38 acres more of less. 7) Twp. 63 N; Rng. 31 W; Sec. 27; NE¼ of SE¼ - 40 acres.
E. J. Miller: 1) Twp. 61 N; Rng. 31 W; Sec. 5; S½ of SW¼ - 80 acres. 2) Twp. 61 N; Rng. 31 W; Sec. 8; N½ - 320 acres.
E. J. Miller: 1) Twp. 62 N; Rng. 32 W; Sec. 29; W½ of NW¼ - 80 acres. 2) Twp. 62 N; Rng. 32 W; Sec. 29; N½ of SW¼ - 80 acres. 3) Twp. 62 N; Rng. 32 W; Sec. 30; E½ of NE¼ - 80 acres. 4) Twp. 62 N; Rng. 32 W; Sec. 30; SE¼ - 160 acres.
back to bio.
Additional Citations:
10. 1850 US Census Population Schedule for Gentry County, Missouri, National Archives, Washington DC: pg. 213B, (microfilm: roll M432_399; img. 415).11. 1850 US Census Population Schedule for Gentry County, Missouri, National Archives, Washington DC: pg. 215A, (microfilm: roll M432_399; img. 418).
12. 1860 US Census Population Schedule for Gentry County, Missouri, National Archives, Washington DC: pg. 760, (microfilm: roll M653_620; img. 115).
13. 1870 US Census Population Schedule for Gentry County, Missouri, National Archives, Washington DC: pg. 544B, (microfilm: roll M593_776; img. 308).
14. 1880 US Census Population Schedule for Casey County, Kentucky, National Archives, Washington DC: pgs. 681A, (microfilm: roll T9_408; img. 642).
15. Anonymous, The History of Gentry and Worth Counties, Missouri, National Historical Company, St. Joseph, MO, 1882: pgs. 129-30. (Available electronically at cdm16795.contentdm.oclc.org/cdm/ref/collection/mocohist/id/42794)
16. Bert Addis Austin, "The Descendants of John Austin and Ann Baden of Albemarle County, Virginia", Austins in America, August 1984: pg. 117.
17. death notice: Darlington Record; Darlington, MO, Thur., Feb. 17, 1898.
18. Nancy Perry,"Miller Cemetery", unpublished. (Casey County KYGenWeb Archives, www.rootsweb.com/~kycasey/caseycems/MillerCemetery.txt, 2004.)
19. Miller Cemetery, Casey County, Kentucky (www.findagrave.com/cgi-bin/fg.cgi?page=cr&CRid=75134&CScn=Miller&CScntry=4&CSst=19&CScnty=1011&, continuously updated).