Wills recorded for Miller family
Wills recorded for Miller family
The Last Will and Testament of John Miller of the Town of Homer
In the matter of proving the last will and testament of John Miller.
Be it remembered that heretofore upon the petition of Isabella Miller & Isaac Miller, Executors ----- of the Last Will and Testament of John Miller late in the town of Homer in said County deceased. For that purpose to the Surrogate of said County, a citaiton was duly issued in this matter, which citation with the proof of service thereof were thereafter duly returned to said Surrogate and which said petition and citation with the proofs of said service thereof are now on file in the office of said Surrogate and are as follows to wit.
To the Surrogate of the County of Cortland:
The petition of Isabella Miller and Isaac Miller of the town of Homer in the County of Cortland
That John Miller died on the 20th day August, AD, 1848. a natural death, being at or immediately previous to the time of his death an inhabitant in the town of Homer in said County of Cortland. That the said deceased left Isabella Miller of the town of Homer his widow him surviving. Also the following persons next of kin(?) Viz; Thomas Miller and James Miller, over 21 years of age. Hannah Miller, Mary Miller, John Miller, Isabella Miller, George Miller Mary Anet Ann Miller, William Miller, Sarah Elizabeth Miller under 21 years of age, all of Homer and children of said deceased and all of the heirs of said deceased that said deceased left an instrument in writing and purporting to be his last will and testament bearing the date the 20th day of July, AD, 1848 and relating to his personal estate in and by which your petitioner and Oliver Glover are named and appointed Executors thereof. Your petitioners desire to have said instrument in writing proved and recorded as a will of personal estate and therefore pray that a citation may be issued to the said children and the next of kin to attend the probate thereof according to law; September 4th, 1848. signed Isabella Miller.
The Will was proved on the 2nd October, 1848, by D. Hawks, Surrogate.
I, John Miller of the Town of Homer, in the County of Cortland, state of New York, at the age of 51 years, considering the uncertainty of life, and being of sound mind and memory, do think it is best to make, publish and declare this my last will and testament, in manner following, that is to say:
First I give and bequeath to my executrix and Executor hereinafter named, all my estate of what nature and kind so ever, in trust for the payment of my just debts and the ---- and charges upon the said estate hereinafter specified to be held, possessesd by them, or each of them so shall accept of & take upon themselves the trust and for no other.
Second The purposes and uses of the trust above mentioned are as follows to wit;
To pay my just debts and funeral expenses, to pay the legacy hereinafter mentioned and to pay the necesarry expenses of the support of my wife, Isabella Miller and of my children Hannah, Mary, John, Isabella, George, Margaret, William and Sarah until such time as they respectively shall arrive at the age of 21 years, or in the case of the girls, shall respectively continue unmarried and ---- the age of 21 years. And while my said children shall remain with and be supported by my said wife out of the property herein bequeathed to my said Executrix and Executors. Whatever my said children or any one of them under age may earn, is to be for the benefit of the common fund out of which they are thus supported.
Third I do hereby dispose of and commit the tuition and custody of my children, Hannah Miller, Mary Miller, John Miller, Isabella Miller, George Miller, Margaret A. Miller, William and Sarah E. Miller & each of them for such time as they respectively continue unmarried and under the age of 21 years, unto my wife, Isabella Miller, subject to the following reservation to wit. It is my wish that each one of my said children so committed to the custody of my wife, should have the privilege of learning a trade if they choose, or of going out to labor at any time they wish. Whatever they may acquire or earn while so laboring is to be for their own exclusive benefit. The power given to my said wife over the said children, subject to their choice of learning a trade or laboring for themselves is to be the same as that of a guardian who is appointed by a surrogate.
Fourth In case it shall so happen that any of the property hereby bequeathed by me in trust shall remain -------- when the youngest of my then surviving children shall have arrived at the age of twenty one years, then the said property is to rest (?) absolutely to my said wife, but in case of her decease, leaving any one or more of the said children under the age of 21 years and unmarried and leaving any of the said property unexpended (?), then the same is to be used if necessary for the support of the children so left minors until they respectively become of age. Then the balance will be equally divide among all my children who may then surmise, share and share alike.
Fifth I give & bequeath to my daughter, Jane Miller, the sum of twenty-five dollars to be paid to her by my Executrix and Executors out of the property hereby bequeathed to them in --- to be paid to the said Jane at the expiration of one year from the date of my decease.
Sixth I hereby authorize and empower my said Executrix or Executors or such of them as may act full power and authority at any and all times to sell any of the said property hereby bequeathed to them at public or private sale for cash down or on credit as they shall deem most advisable for the best interests of my said children. And the avails thereof to invest at interest or of other property, according to their best judgement for the benefit of my said children and wife.
Seventh I hereby nominate and appoint my wife Isabella Miller, Executrix, and my brother, Isaac Miller, Executor, and also Oliver Glover, Executor of this, my Last Will and Testament, hereby giving to them jointly or to such of them as may act jointly, all the power that I have herein conferred ------ all of them in case only a part of them shall act, full power to act under any and all circumstances, according to their best judgement, hereby revoking all former wills by me made.
In witness thereof I have hereunto set my hand and seal this twentieth day of July, one thousand eight hundred & forty eight.
(signed) John Miller
(Witness) Edward C. Reed, Homer, Cortland County, NY
John Ireland, East Homer, Cortland County, NY
Will was proven on the 2nd day of October, 1848
The Last Will and Testament of Ezekial Miller
In the matter of proving the last will and testament of Ezekial Miller, deceased--Cortland County.
Be it remembered that heretofore, upon the petition of George W. Miller, the executor named in the last will and testament of Ezekial Miller, late of the town of Virgil in the said county, deceased, for that purpose, to the Surrogate of said County, a citation was duly issued in this matter, which citation with the proofs of service thereof, were thereafter duly returned to said Surrogate and which said petition and citation , with the proof of said service thereof, are now on file in the office of said Surrogate. And therefore, the said Last Will and Testament of the said deceased with the proof, thereof, were produced and are as follows to wit.
In the name of God, Amen. I, Ezekial Miller of the town of Virgil, County of Cortland and State of New York, of the age of seventy one years, and being of a sound mind and memory, do make and publish and declare this my last will and testament in manner following, that is to say:
1st. I give and bequeath to my wife Polly, one grey mare, the one used on my premises, as a part of the team, valued at eighty dollars. Also, all my household furniture, beds, bedding, chairs, table, bureaus, stands, clothing, etc, dishes, pails, pans, stove and stove pipe. Also, clock, looking glass and all above furniture and all kinds of ---- about house to be accepted in lieu of dower, together with her right to my real estate hereinafter described.
2nd I give and bequeath to my daughter Almyra the sum of two hundred dollars.
3rd I give and bequeath to my son Arnold A. Miller the sum of one hundred dollars.
4th I give and bequeath to my daughter Dema ? Parker, the interest of the sum of eighty dollars, interest to commence two years from and after my decease, and after said Dema's decease, the principal to go to her heirs.
5th I give and bequeath to my daughter Almyra one old cow called Cherry, six years old this spring, and said cow to be kept on my premises, while said Almyra lives in said premises. Also, six sheep to be kept on the place with the said cow all winters and summers during the time said Almyra stays on said premises. Also, said Almyra to have a maintenance until the decease of her mother on said premises.
Said several legacies (excepting the personal property) to be paid two years after my decease.
6th I give and bequeath and devise to my son George W. Miller, his heirs and assign all that tract or parcel of land situated on Lot number thirty-nine in Virgil. County and State aforesaid, it being the same land conveyed to me by Abraham VanBuskirk & Catherine his wife, deed dated, May 11, 1837, and recorded in the Cortland County Clerk's office in Libre Y of deed ---- :387, May 12th 1837. Also, another piece or parcel of land deeded to me by John Shevalier ? and Anna his wife. Deed dated 27th July, 1838, and recorded in the County of Cortland Clerk's office in Libre No.1 of deeds -----:471, December 10th, 1838.
Lastly, I give and bequeath all the rest and residue and remainder of my personal estate, goods and chattel of whatsover nature or kind soever to my son, George W. Miller, whom I hereby appoint to be Executor of this my last will and testament, hereby revoking all former wills by me made. In witness thereof, I have hereunto set my hand and seal this 19th day of March, 1855.
The Last Will and Testament of John Miller of Truxton
Be it remembered that, heretore, to wit: on 9th day of April in the year of our Lord one Thousand eight hundred and fifty two, Blendena Riley and Charlotte Purdy, Executors named in the Last Will and Testament of John Miller late of the town of Truxton in the County of Cortland deceased, appeared in open Court, before the Surrogate of the County of Cortland and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator, and their respective residences;(not listed) and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the town of Cortlandville in said County on the 30th day of April, A.D.,1862, to attend the Probate of said Will.
I, John Miller, of Truxton, County of Cortland and State of New York, being of sound and disposing mind, memory and understanding, do herby make, publish and dictate my last will and testament in ----- and from following that is to say--
First- I give and devise to my daughter Charlotte Purdy all that part of my farm on which I now live on lot number 93 in the town of Truxton aforesaid, which lies between the Chenango Road so called and the road leading from Truxton Village to Tully and running north to the north line of said lot. Also, the lands lying east of said Chenango Road and bounded (may be boardered), north by Asa Babcock, east by Milo Reckard and Soloman Goddard and south by Lillie Ferguson and others. (Excepting and reserving there from the white house with the yard and garden as the same as was fenced and was situated at the junction of the two aforesaid roads with the other buildings and appertenances thereunto belonging or appertaining). To her the said Charlotte to have and to hold as her sole and separate benefit the above devised premises with all and singular ------- and appertances to the same below given or in any wise appertaining to her and her heirs and assigns forever.
Second- I give and devise to my daughter Blendema Riley all my lands on lots number three and ninety three in the town of Truxton aforesaid, which are bounded west and north by the Turnpike road and by various village lots heretofore sold and conveyed. East by the highway leading south from Dr. J.C.Nelsons, south by Reuben Stewarts, and south westerly by Leonard Bliss and others. To have and to hold the said above devised premises with the appertenances unto the said Blendena for her sole and separate use and benefit and to her heirs and assigns forever.
Third- I hereby devise to my Executors herein after named all the residence and remainder of the real estate of which I shall die, seized in Trust to be by them disposed of to the best advantage in their judgement and the proceeds to be divided equally between my grandchildren, hereinafter named on the ---- or ------ of them viz-
Barnett (?) Miller and Charlotte Miller, children of Edward Miller,
Anacatha (?) Miller and Charles Miller children of Morris Miller.
Lewis Riley, Henry Riley and Samuel Riley, children of Blendena Riley. Sareah Matthews, Blendena Matthews, Florence Matthews, Edward Matthews, children of Mary Matthews.
Fourth- I give and bequeath to my son Morris Miller, in addition to all advances heretofore to him made the sum of fifty dollars which sum may be deducted from a note that I am holding against him, unless the said note is sooner paid the consideration of the said note is not intended to be included in previous advances but to become assets in the hands of my Executors.
Fifth- I hereby nominate and appoint my son-in-law David Matthews and my daughter Charlotte Purdy and Blendena Riley, Executors of this my last will and testament, hereby revoking all and every former will by me made.
Sixth- I give and bequeath to my daughter Charlotte Purdy all my household furniture, bedding and also all my farming tools and agricultural implements.
Witness my hand and seal this 16th day of January, 1857. John Miller
John issued 2 Codicils (additions) to his will and on the 25th of June, 1860, the following was added:
In addition to my bequeath in said will George Miller and Lizzie Miller, children of Charles Miller, deceased, I give and bequeath to them the sum of two hundred and fifty dollars each to be paid to their Mother to assist in their education in manner following; viz. One hundred dollars on the 1st day of January in each and every year until the whole sum of five hundred dollars shall be fully paid.
And whereas in and by my said will I did appoint my son-in-law David Matthews as Executor to my said will, Now I do hereby revoke said appointment of said Matthews having my two daughters sole Executors of said will as if no other persons had therein been named as Executors thereof. Witness my hand and seal the 25th day of June, 1860.
Signed, sealed & declared by the testator John Miller to be a codicil to his last will & testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses.
Calvin Woodruff of Truxton, Cortland County
Alanson Coats of Homer, Cortland County
Note from submitter:
Will was proven on April 30, 1862.
John Miller died on March 31, 1862 at age 87y
Last Will and Testament of Cornelius Miller, deceased
Last Will and Testament of Cornelius Miller, deceased
Be it remembered that heretofore, to wit: on the 21st day of September in the year of our Lord one thousand eight hundred and sixty four that Samuel Crombe is herein Executor named in the Last Will and Testament of Cornelius Miller late of the town of Granby in the County of Oswego deceased, appeared in open court before the Surrogate of said County of Oswego and made application to have the said Last Will and Testament which relates to both real and personal estate, proved and ---- such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their respective residences.
(Of the three pages, page 2 is missing) Cont. on page 3:
I bequeath to my six daughters, Viz: Julian Dodge wife of James Dodge;
Phidelia Althause wife of Frederick Althause;
Louisa Case wife of Chester Case;
Sarah Webster wife of David Webster;
Minerva VanBuren wife of William VanBuren; and
Melissa Miller; to each an equal sixth part of all my estate both personal and real. This bequest to my daughters Minerva and Melissa is to cover and include a certain amount heretofore secured to them by Mortgage made by me and they are to receive no advantage over my other daughters in consequence of said Mortgage: and in case a claim should be raised by said Minerva & Melissa on said Mortgage after my decease, the amount of said claim to be deducted from their sixth part as herein bequeathed. And I hereby authorize and empower my Executors hereinafter named to sell and dispose of as such Executors all my Real & Personal estate and convert the same into money to pay and settle the bequests herein made after paying my funeral expenses.
Likewise, I make, constitute and appoint Samuel Crombin of Fulton Village, Oswego Co, State of New York and Darius R. Bellows of Granby, Oswego Co, State of New York to be Executors of this my last Will & Testament hereby revoking all former Wills by me made.
In witness whereof I have hereunto subscribed my name and affixed my seal the twelfth day of January in the year of our Lord one thousand eight hundred & sixty three.
(signed) Cornelius Miller L. S.
The above written Instrument was subscribed by the said Cornelius Miller in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last Will & Testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence.
(signed) Henry Skinner, Fulton, Oswego Co, NY
William A. Lott, Fulton, Oswego Co, NY
Will was proven on 21 September, 1864
Note: Cornelius appears on the 1850 Census; Granby, Oswego Co, NY on page 36; lines 546-574
Cornelius Miller age 53 Farmer 2500 b. MA
Louisa Miller age 21
Lodisca Miller age 17...(note; I believe this is Phidelia)
Sarah age 13
Henriett age 11
Minerva age 8
Melissa age 6
On the 1860 Census; Granby, Oswego Co, NY, on page 23;
Cornelius Miller Jr age 40 Boatman 2000 500 b. NY
Emeline T. (Coe) Miller age 39 Domestic b. NY (Note: married 22 Jan, 1850)
Ida M. Miller age 9 b. NY
Jethro G(eorge) Miller age 8 "
Sidney G. Miller age 6 "
Cornelius MILLER age 60 Farmer 2500 200 NY (note; wife, Louisa deceased)
Minerva Miller age 18 Domestic NY
Melissa Miller age 14 NY