Thomas Milam of Colonial Virginia (ca 1716 - 1775)

The Life of my Earliest Ancestor in Historical and Cultural Context

We first meet Thomas Mylam on Friday, 24 March 1737/1738, in the court of Orange County in the Colony and Dominion of Virginia. It was the second day of the monthly court session which began on the 4th Thursday of each month. Thomas's was one of 82 cases that Friday, all but 14 of which were for debt. Thursday had been no different; colonial times were very litigious. When the Orange County census was taken the previous October, the total number of tithables was 1538 - so about 10% were defendants in court that March. A petition of David Williams, assignee of William Smith, was brought against "Thomas Mylam and Francis Williams for four hundred pounds of tobacco due by bill". Court Order (image) [9] The fact that the debt was due by bill indicates that William Smith was a merchant and in the course of his business dealings had assigned the bill to David Williams in lieu of cash. Since Mylam and Williams failed to appear, the Court ordered them to pay the 400 pounds of tobacco and costs. In the Colony of Virginia, hard currency was in such short supply that payment in tobacco and assignment of debt were common occurrences. Tobacco was indeed the "Currency of the Realm". Fifty pounds of tobacco were equal to 5 Shillings. There were 20 Shillings to an English Pound ( £ ) - similar as our nickel to our dollar i.e. 1/20th . Thus their 400 pounds of tobacco debt was £ 2 . In 1740, a pair of shoes cost 50 pounds of tobacco, a bushel of corn 125, a pound of sugar 8, a cow 500 and a horse 1,500 pounds of tobacco. [384]

This case demonstrates that at this time Mylam and Williams were freemen - not indentured servants - and capable of contracting bills, earning money and ultimately paying their debts.


Orange Courthouse

Photo of Log Cabin CourthouseOne might imagine that the courthouse was in a quaint village, like in New England, for example. However, the only village in recently formed Orange County was the remnants of Germanna (link) where Lieutenant Governor Alexander Spotswood (1710 - 1722) had imported German indentured servants to mine for iron ore in 1714. When Colonel William Byrd II visited Germanna on horseback in late September 1732, he noted in his diary that the village "consists of Colonel Spotswood’s enchanted castle on one side of the street and a baker’s dozen of ruinous tenements on the other, where so many German families had dwelt some years ago". [17] In general, villages were few and far between in colonial Virginia. The closest village was Fredericksburg, 50 miles east of Mylam in Spotsylvania County. Colonel Byrd visited Colonel Henry Willis there a few days later on his return to Westover (link) on the James River. Byrd noted "....the inhabitants are very few. Besides Colonel Willis.....there is only one merchant, a tailor, a smith, and an ordinary (tavern) keeper". [18] This Henry Willis would become the first Clerk of Courts for Orange County in January 1735. [109, 147] Since the only evidence of the lives of the early Milams is in various court records, it could be useful to discuss the importance of colonial courts and court days. In order to get a feel for colonial life, now would be an opportune time to read my discussion of colonial courts and court days here (link) .

This map (image) shows the vast territory of the new Orange County extending west across the Blue Ridge Mountains and Shenandoah Valley to the Appalachian Mountains and beyond - “...bounded....westerly by the utmost limits of Virginia”. [232] After the court for Orange County first met on 21 Jan 1734/1735, a long debate ensued about the "center" of the county and where to locate the courthouse. [148] On 25 Nov 1736, the Court agreed with Mr. John Bramham that he should lease 11 acres of land "for the use of the county of Orange to hold Court on and build and erect courthouse, prison, pillory, stocks, whipping post and stable....for 120 pounds of tobacco per annum.....the plot should include a convenient spring to Cedar Island Ford..." [134, 311] At the same session, it was ordered that "...the Court for the County to be held at Mr. John Bramham December next..." [135] and, since the Court Justices needed a place to spend the night, that "John Bramham is given permission for an Ordinary at his own house...." [136] By 1741 his tavern was known as "Bramham's Great Ordinary". [296] This is the same John Bramham who in the mid 1740s jointly held a warrant for 400 acres of land on the north side of Double Top Mountain with our Thomas Milam. Since the new courthouse was not completed until late 1738, the suit against Milam and Francis Williams was heard at John Bramham's house.


Orange County: 1738 - 1749

Topographic Map of Mylam Land SurveyMilam was associated with Francis Williams by the 1738 court case. Since roads were few, travel was difficult and therefore limited, one would expect that Milam lived near Williams and would appear on the same Tithable Lists on which Williams appeared. Indeed, the others involved in the case - David Williams, William Smith and Francis Williams - all appeared on Constable Henry Downs 1736  Tithable list. [299] But Milam didn’t. Nor does he appear on 1739 Tithable Lists as Francis Williams or William Smith do. [300] Nor on any other list of Orange County tithables through 1749 - which are however incomplete. I did find his future brother-in-laws and neighbors near Double Top Mountain on some lists: John Kelly, Fenley McColester, Richard Mauldin, Maj. Philip Roote – but never any variation of the spelling of Milam. [298] This suggests that during his years in Orange County, Milam was not a land owner ( freeholder ) but was working for someone as a "servant" - as a hired hand was referred to during the 1700s.

Before March, 1747, Thomas Milam and Mr. John Bramham shared a warrant for 403 acres of land on the north side of Double Top Mountain along the "south fork of the Robinson River". [226] By this time, the up and coming Bramham had leased his "Great Ordinary" and mortgaged his farm on the Rapidan River [313] to speculate on land in Augusta County in the rapidly developing Shenandoah Valley purchasing more than 1200 acres. The Double Top property that he and Milam shared was 25 miles from Bramham’s main farm where the first Orange County courthouse was built. After a survey of his portion dated 12 May 1748, John Bramham sold his half to George Lucas. [304, 305] However, the division of their 400 acres between them was not without controversy as noted in this colorful comment by surveyor, Mr. John Hume:

"Thomas Mylum refooses to have his Backline Run of his part of this Warrant by reason he says he will have more Land than the Warrant allows him & when I went to finish as before, the Chain Carriers mentioned in the within plan Cut a hickory Club to drive me off. G Hume". Here (image) is an image of Hume's colorful note. [304]

By viewing their land plats (image) placed on a present day topographic map, you can see that Milam "may have wanted the dividing line to run Northwest instead of Northeast, which would have given him more river bottom land" as my cartographer friend, Robert Vernon suggested to me.

After his 1738 court case, Thomas Milam's does not appear in Orange County court records until the Court Order (image) of 29 August and the Court Order (image) of 27 September of 1746 [31, 32] when he and Finley McColester were mentioned as Securities for Margaret Rush, an older sister of Thomas’ wife, Mary Rush. Indeed this series of court cases [28 - 32] involving Margaret Rush and John Kelly are important evidence for my conclusion that Milam married Mary Rush, the daughter of William Rush IV, a Constable. [100] I provide the extensive evidence for this conclusion in an article about their marriage which you may read here (link) .

You will also learn 1) that the Rush family were Quakers from Westmoreland County; 2) of the influence of William Duff, a prominet Quaker and wealthy land owner; 3) of the connection to Duff's trusted nephew, Robert Green, who was an Orange County Court Justice, Church Vestryman, and a member of the Virginia House of Burgesses (1736 and 1738) and 4) of the earliest American imigrant to whom we are related through the Mary Rush line: Francis Gray, one of the first settlers of the Province of Maryland who was elected a Burgess to the Maryland General Assembly in 1639. The first William Rush imigrated from England to the Northern Neck of the Colony of Virginia about 1650 and married Francis Gray's daughter, Ann in 1658. You may read this previously untold and interesting history of Mary Rush's family by clicking here (link) .

Another important point about Milam serving as a "Security" for Margaret Rush and John Kelly was that he along with Finley McColester and Thomas Henderson were required "to pay 500 pounds of tobacco or 50 Shillings" {£2 1/2} - again demonstrating that Milam was a freeman earning money and had the stature to act as a Security. [32] I have discussed all of Milam's court records with my knowledgeable friends, Robert Vernon and Dewey Lillard, and we conclude that in the 1740s Milam worked for the aspiring gentleman, Mr. John Bramham, on this Double Top Mountain property probably as an Overseer - in exchange for which Milam eventually received half of the 400 acres. This would explain why Thomas Milam wasn't found from time to time in court records as most property owners were and why he didn't appear on the Orange County Tithable Lists since he would have been an employee of Bramham. Indeed, the existing tithable records show that from 1735 through 1752 Bramham paid taxes for 7 to 9 tithables each year. [301]


Culpeper County: 1749 - 1760

Photo of Thomas Mylam's Land in Culpeper CountyOn 15 June 1749, Thomas Milam had his portion surveyed; you may view his survey here (image) . [306] When Milam received his land grant the following January (1749/1750), his property fell into the newly partitioned Culpeper County which was created from Orange County on 15 May 1749. [307] Culpeper County represented the disputed, northern portion of the old Orange County which Lord Fairfax claimed as part of his Northern Neck Proprietary. This explains why Thomas received a Northern Neck Land Grant rather than a Virginia Land Patent. As was often done, he lived on this land much earlier than the grant date since court records show that he had established close relations with the William Rush family, John Kelly and Fenley McColester before August 1746. [28 - 32, 226] They all lived around Double Top Mountain as you can see on this map (image) . Indeed it was quite common for settlers after obtaining a warrant to live on their land for several years before requesting a land grant in order to avoid paying the annual land tax, Quitrent, to Lord Fairfax while they cleared the land for planting, constructed fenses and build a dwelling. In my chapter entitled "Chronology of Thomas Mylam in Court Records", you may read an abstract of each court record and deed in which Thomas Milam appears and read a discussion of these land transactions beginning here (link).

After acquiring land, Virginia law required the erection within three years of "one good dwelling of 20 feet by 16 feet" - at the minimum. Most commonly the beginner's house was one or one-and-a-half stories and had two rooms on the ground level, an earthen floor and a wooden chimney lined with clay at one gable. The exterior walls and roof were cover with riven clapboards of oak or chestnut. [321] One long wall had a central door and the other a small window usually closed with shudders. Contemporaries estimated the longevity of such houses at a decade or so but with constant repairs they could be made to last 20 years plus. [326]

We can be fairly certain of the type of dwelling Milam built. Through adaptation to their new heavily forested environment and through experimention with various framing methods that they knew from England, the colonists had invented a system of house framing unlike any in England at the time. [315, 328] One might suspect, as I did, that it was a log cabin. But log cabin architecture was unknown in the British Isles. [316, 318] It was introduced to Virginians by German immigrants to the Shenandoah Valley beginning in the 1730's and became the preferred dwelling of the Scots-Irish on the western frontier by the 1770's. [319] By clicking here (image), you may view a graph of the useage of the words "log cabin" in English literature over time which shows that it came into common useage after 1790.

Archeological excavations at more than 240 sites which include 450 buildings have shown that most settlers throughout the Chesapeake Bay area and extending south - the tobacco culture region - built an impermanent house which by 1640 was known as the Virginia House. [361] They were more than the makeshift shelters which settlers up and down the East Coast of America first built to protect themselves from the elements: caves, dugouts, huts, tents and wigwams. But they were not a "fayre framed" English house by any means. Its major components included minimally prepared timber, simplified joinery, earthfast construction and, for structural strength, riven clapboards of oak or chestnut for the siding and the roof - substituting for the clay walls and the thatch roofs of the earliest dwellings. This method of framing answered the settlers need for a simple, quick and inexpensive dwelling. The framing technique was also used for outbuildings, tobacco barns, warehouses, courthouses and even churches. [368, 371]

Image of Reconstructed "Virginia House"But these dwellings were so impermanent that within England's largest and most populous colonies in America - Virginia and Maryland - fewer than six of them from the seventeenth-century still stand today. [328] They were impermanent because they were "earthfast" - meaning the wooden structural members forming the sidewalls of a building came in direct contact with the earth, such as horizonal sills layed directly on the ground ("groundsills") or vertical wall posts and studs set into holes dug into the subsoil to hold the structure erect. [361] Since the Virginia house was not built on a waterproof brick or stone foundation, the earthfast construction doomed the wood to rot over time from carpenter ants, mold or termites. To better understand how a beginner's Virginia house was built, you may view a three dimentional construction drawing here (image) .

As late as 1787 no less of an authority on architecture than Thomas Jefferson [339] who designed his neoclassical residence, Monticello (link), and also the first buildings of the University of Virgina (link) wrote in his book, Notes on the State of Virginia:

"The private buildings are very rarely constructed of stone or brick; much the greatest proportion being of scantling and boards {clapboards}, plaistered with lime. It is impossible to devise things more ugly, uncomfortable, and happily more perishable. There are two or three plans, on one of which, according to its size, most of the houses in the state are built...." [314]

This is a photo (image) of a small Virginia house appropriate for a beginner's homestead. Throughout the Chesapeake Bay, tobacco growing region, it was the most common type of architecture from the mid 17th century until the third quarter of the 18th century when log cabins became the preferred architecture on the expanding frontier. Please read my chapter on Innovation in Early Settlers' Houses in Virginia and Maryland for reconstructed drawings and images of early settlers' houses and the cultural and economic factors which influenced housing development by clicking here (link).

Unfortunately for our research - with the exception of land grants and deeds - Culpeper County records were destroyed during the Civil War as the county saw battles from the Summer of 1862. General Ulysses S. Grant encamped 100,000 Federal soldiers around Culpeper in December 1863 and didn’t withdraw completely until the Spring of 1864 when they moved south. In addition, the records of St. Mark’s Parish from 1754 through 1757 are missing. However, we can infer from deed records that Thomas was a healthy and strong man since in 1747, 1748 and even 1760 he was a Chain Carrier for the county surveyors, Mr. George Hume and Richard Young. [226, 308, 309] You may view notations of Milam as Chain Carrier here (image) and here (image) . We also know that he discovered "a path called Milam’s Pass"as surveyor, Richard Young referred to it [217] - probably a bridle path - across the Blue Ridge Mountains into the Shenandoah Valley which became known as Milam’s Pass or Milam’s Gap [218, 219]. My chapter on Milam’s Gap / Fisher’s Gap unravels this puzzle which you may read here (link) .

From property transactions we learn that Thomas Milam in the late 1750s had plans to more than double the acerage of his farm because he had obtained a warrant for 230 acres of land adjacent to his original farm and extending north of the Rose River to the top of Fork Mountain. On 26 August 1760, Milam assigned this warrant to John Green with his usual mark "TM". His son, Benjamin, was a witness and signed with his signature: "Benjamin Millam". Thus far it is the oldest Virginia record of a Milam's signature. You may view this record here (image) . A survey of Milam's warrant was made on 29 May 1761 for Green who in turn assigned it to Christopher Dickens. To get an idea of Milam's expansion plans, you may view the relationship between Milam’s original land and his warrant for 230 additional acres on this map (image) . The 230 acres contained in the warrant is identified on the map as "Christopher Dickens ".

It's important to know that Benjamin Milam needed to be only 14 years old to witness a contract, not the legal age of 21 years old. Common Law only required that the person be judged capable of “discretion” which was generally accepted as 14 years of age – but in some circumstances it could be younger. John, another son of Thomas, also appeared in Culpeper records in 1760 when he was documented as a chain carrier along with his father for the survey of 107 acres for George Row, a neighbor, made on 27 MAR 1760. You may view this survey here (image) .

In preparation for their move to Bedford County, Thomas and his wife, Mary Rush Milam, on 17 August 1760, sold the "203 acres whereon the said Mylum now liveth and whereon his Dwelling house now Standeth" for £ 90 of the current money of Virginia also to Christopher Dicken(s). [310] At the end of this deed both Thomas and Mary signed with their marks, "TM" and "O", which you may view here (image) . Thus Dicken(s) acquired Milam's entire 433 acres .

What could have motivated Thomas Milam in 1760 to change his plans for doubling the size of his farm but instead to remove his large family 120 miles south to Bedford County? There are several possibilities: 1) the French and Indian War (1754 - 1763), 2) the persecution of the Quakers and Separate Baptists during the 1750s due to the First Great Awakening, 3) a great flood along the Rose River which Jimmy Graves told me occurs twice a century, 4) the soil of his farm was depleted of nutrients by the demanding tobacco plant, 5) his impermanent Virginia House had reached the end of its useful life or 6) several of his sons were teenagers and the family needed to remove to a county where fertile land was less expensive. I have only been able to exclude one possibility – the French and Indian War – since no battles were fought in Culpeper County and only three men from Culpeper served in the First Virginia Regiment [422].   Chester R. Young in his The Effects of the French and Indian War on Civilian Life in the Frontier Counties of Virginia considers Culpeper one of the “refuge counties” to which threatened settlers from the Shenandoah Valley fled. [423]

In a letter to Lieutenant Governor Dinwiddie, George Washington ( who was appointed Surveyor of Culpeper County in 1749 ) sets the scene:

"Winchester, November 9, 1756 -

Honorable Sir:....From Fort Trial on Smith's River, I returned to Fort William on the Catawba, where I met Colonel Buchanan with about thirty men....to conduct me up Jackson's River, along the range of forts. With this small company of irregulars, with whom order, regularity, circumspection, and vigilance were matters of derision and contempt, we set out, and, by the protection of Providence, reached Augusta CourtHouse in seven days....the wretched and unhappy situation of the inhabitants needs few words....They are truly sensible of their misery; they feel their insecurity from militia preservation, who are slow in coming to their assistance, indifferent about their preservation, unwilling to continue, and regardless of every thing but their own ease. In short, they are so affected with approaching ruin, that the whole back country is in a general motion towards the southern colonies; and I expect that scarce a family will inhabit Frederick, Hampshire, or Augusta {counties just west of Culpeper}, in a little while." { You may read Washington's entire letter here (link). } [424]

At this time, I have no proof of a Rose River flood. Thomas' removal to Bedford County - another refuge county - most likely was due to a combination of factors.


Bedford County: 1760 - 1775

Painting by Edward Beyer, Town of Liberty, 1855What is most interesting about the Milam family in Bedford County is that the first court record {which I recently found} is for William Milam dated 26 May 1760. He along with Charles McLaughlin and Robert Fitzhugh were "appointed to appraise the estate of John Vance, deceased". [425] You may view the order here (link) . Therefore William was already established in Bedford and sufficiently knowledgeable of local values for the court to assign him this task three months before Thomas Milam sold his 203 acres in Culpeper County on 17 August 1760. [310] And it was seven months before Thomas signed an indenture with Richard Calloway for 400 acres of land along Hurricane Creek in Bedford County on 27 January 1761. [426]

These facts raise several questions: 1) how long had William lived in Bedford County to become so well known and respected? In the more than 22+ years that Thomas Milam lived in Orange and Culpeper Counties he was never assigned such a task; 2) if William was born in 1746 as traditionally believed, he would have been 14 years old. Is it conceivable that a 14 years old was experienced enough with the values of various articles to assist in an estate appraisal? and 3) given his apparent older age and useful skills, is it not curious that William is not found in Culpeper County records like his brothers, Benjamin and John. Please read my discussion of these finding by clicking on Genealogy Notes (link) . What shall become clear in my chapter on William Milam is that he will be the most prominent and successful Milam in terms of court appointments, military rank and land holdings in Bedford County.

Photo of Thomas Milam's Land in Bedford County The Indenture signed in Bedford County, Virginia, between Richard Calloway and Thomas Millim dated 27 JAN 1761 is an important document since it proves a couple of points: 1) that the Thomas Milam who was granted land in Culpeper County in 1749 is the same one that is found in Bedford County in the 1760s; and 2) that the date Thomas moved to Bedford County was late 1760 or early 1761. This is a transcript:

"Know all men by these present that the Thomas Millim of the County of Culpeper in the Colony of Virginia, Planter, am holden and firmly Bound unto Richard Calloway of the County of Bedford in the Colony, a Gent., in the Sum of Eighty pounds current money of Virginia.....dated the twenty seventh day of January & in the year of Our Lord one thousand seventeen Hundred and Sixty one___________________1761" [385]

The Condition is such that the above bound out Thomas Millim or his heirs.....shall well and truly pay unto the above named Richard Calloway or his heirs.....just and full sum of forty £ of like current lawful money in the manner and form following, (Viz) Twenty £ on first day of July next and Twenty £ the first Day of November next ensuring the date hereof without fraud or causing further delay that then this obligation to be void and of non effect or else to stand and remain in full force and virtue.....

Sealed and delivered in the presence of                                   his

                                                                                     Thomas " TM" Millim

                                                                                                      mark

John "X" Reeves

Wm Ritchie"

My photo of this beautifully preserved original document may be viewed by clicking here (image).


Thomas Milam Signed this Indenture with his Mark: TM. The Clerk of Court spelled his name, "Millim".
" Millim" is one of many early spelling variations of the modern name, Milam
.
Thomas Milam's Mark: TM

This purchase didn't go smoothly since Calloway brought Milam into court in February and again in March of 1762 for payment of this debt. Orginal Writ (image) At the 23 March 1762 court, the case was "Agreed. Dismissed." When Thomas Milam completed the Lease and Release, the court ordered his deed to the four hundred acres "lying and being on both sides of Hurricane Creek" recorded on 24 MAY 1763 . [427]

The next day, the 25th of MAY, the Court declared:  "Thomas Millim is exempted from paying County and parish levies for the future". [432] Court Order (image) This was granted by the court when someone "was from age or infirmity adjudged by the commissioners incapable of supporting themselves by labour". The fact that they used the term "for the future" meant that it was permanent; otherwise the Court would have specified a time period such as "for this year". Thomas' infirmity may explain his difficulty in paying Richard Calloway on time. There is very little more in Bedford County records on him beyond the sale of 200 acres of his farm to John Richey which was entered into the court record on 23 JUN 1765. [433]

 

Thomas Milam "entertained" a Young Thomas Jefferson

On 24 August 1767 Thomas Jefferson’s Memorandum Book records a payment thusly:

"Aug. 24. Pd. at Milam’s for entertainment 5/." [428]

At the time, Thomas Jefferson was a 24 year old, bachelor attorney practicing in Staunton, Virginia, the seat of Augusta County. In August 1767 he made a ten day trip on horseback to visit the nearby county seats of Bedford, Amherst, Orange, Culpeper, Frederick and Fauquier counties. (see the map below). After detouring to visit the "Natural Bridge" in the northwest corner of Bedford County near the James River on August 23rd, he traveled southeast toward the Bedford County seat at New London. Mr. Gene Crotty in his book, Jefferson's Western Travels Over Virginia’s Blue Ridge Mountains, speculates that Jefferson rode first through Arnold's Valley, then crossed the Blue Ridge at Petite's Gap to enter the Otter River valley. [429]

At one point, the road south to New London runs parallel to Hurricane Creek where Thomas Milam by then owned 200 acres on both sides of this creek. In 1767 Thomas was the only Milam who owned land in the county so Thomas Jefferson must have spent the night and had a meal at his house. [430] William Milam was the next to acquire land when he patented 600 acres along Meadow Creek in August, 1772. [431]

Jefferson used the word "entertainment" to mean either lodging or a meal or both. It’s interesting that the 5 Shillings that Jefferson paid Milam was the same amount that he paid a few days later at Penn's Tavern and at Key's Tavern on August 27th and 28th. And it is twice the 2 Shillings and 6 Pence he had paid at Paxton's Tavern on the 23rd. There is no court record that Milam ever received a license to run a tavern so Jefferson must have stayed at Milam's home.

 

Map of Thomas Jefferson's Route in August 1767

Map of Thomas Jefferson's Horseback Trip August 18 - August 28, 1767. Click to enlarge.

From Gene Grotty's Jefferson's Western Travels Over the Blue Ridge Mountains, page 19. [429]

{ Notes on Jefferson and the Natural Bridge: 1) Jefferson wrote of the Natural Bridge in his book, Notes on the State of Virginia, the "Natural Bridge was the most sublime of Nature's works". [442] 2) In 1774 Thomas Jefferson acquired a patent for 157 acres which included the Natural Bridge from the Virginia Land Office in Williamsburg. [xxx] }

It interesting to speculate on that evening's conversation. Jefferson might have mentioned that James Steptoe, the Bedford Clerk of Court, was his classmate and friend at William & Mary College and that, after visiting Steptoe, he planned to inspect his properties in the county, one being Poplar Forest (link) which became Jefferson's retreat after serving as President of the United States. [429] One wonders whether Thomas' sons remembered his visit when nine years later Jefferson authored the Declaration of Independence or when he was elected Governor of Virginia in 1779. Jefferson would later write that when staying at Poplar Forest he made "frequent journeys to Bedford {previously New London}" so he was no stranger to the community.

On 1 JUL 1774 Thomas Milam prepared his last Will and Testament which was recorded in Bedford County, Will Book 1, page 227 - 228, on 27 MAR 1775: [434]

"In the name of God, Amen. I, Thomas Milam, of the County of Bedford being in perfect health of Body and of perfect mind and memory thanks be given to God. Calling to mind the Mortality of my body and knowing it is Appointed for all men once to die  do make and Ordain this my last Will and Testament.

that is to say, Principally and first of all, I give and recommend my Soul into the hands of Almighty God that gave it and my Body I recommend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors ~ nothing troubling ~ but at the General resurection I shall receive the Same again by the mighty power of God and Touching such worldly Estate wherewith it hath pleased God to bless me with in this Life, I give devise and dispose of the same in the following manner and form,

First I give and bequeath to my two Youngest Sons: Viz: Solomon and Rush Millam all and singular my Lands, Messuages and Tenements to be equally Divided between them, and by them and their Heirs to be possessed and enjoyed forever. Also I give and Bequeath to Mary Millam my dearly beloved Wife (whom I appoint, make and Ordain the Sole Executrix of this my last Will and Testament) all my Stocks of all kinds together with all my Household Goods, Debts and moveable Effects.

And I do hereby utterly disallow, revoke and Disannul all and every other former Testaments, Wills, Legacies, Bequests and Executors by me in any wise before Named, willed or Bequeathed. Ratifying and confirming this and no other to be my last Will and Testament. 

In Witness whereof I have hereunto set my hand & Seal this first day of July 1774

Thomas "T" Milam

Signed, Sealed, Pronounced and Declared in the Presence of us:

William "W" Willson, John "X" Reaves and James Willson."

{ T was Thomas' mark on this occasion; he had used TM previously. W was the mark of William Willson and X the mark of John Reaves}

His Will may be viewed at these links: Will page 227 (image) . Will page 228 (image) .

On 27 MAR 1775 his Will was recorded in Bedford County, Order Book, page 93. [435]

"The Last Will and Testament of Thomas Milam, Deceased, was proved  and Ordered  Recorded. And on the motion of Mary Milam the Executrix therein mentioned, Probate is granted her in due form where upon together with William Willson and John Reaves her Securities Entered into and Acknowledged their Bond and made oath according to the Law.”

Thus, most likely Thomas died in February or early March of 1775. The Inventory of his estate was not recorded in the Bedford County Will Book. However, there are no records from April 22, 1776 until July 22, 1776 due to our pending Revolution. Obviously Mary Rush Milam was still living in late March 1775.

 

NOTE TO READERS: All the words in bold type face are links to images, maps or word definitions in the Glossary.The Citations and Glossary are available under the Resources tab or here (link)


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