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Transcript of the Last Will and Testament of Jacob J. Miller

 

Jacob Miller

Herkimer County Surrogates Office. S.S.  To all to whom these presents shall one or may concern Greeting. Know ye that I Esra Graves Surrogate of the County of Herkimer pursuant to the power in___ vested by the laws of this State have this day appointed and do hereby appoint Charles A Burton of the town of Herkimer special Guardian to Sophia M. Miller John A. Miller and Andrew M. Miller minor heirs of Jacob Miller deceased under the age of twenty one years for the Special purpose of taking care of their interests in the matter of the proving the will of Jacob Miller Deceased. The said Charles A. Burton having first consented and agreed in writing to be appointed and to act as such Special Guardian.

In witness where of I have hereunto set my hand and affixed my seal of office this third day of December in the year of our Lord One thousand Eight Hundred and fifty-five.

Eva Graves Surrogate

 

Herkimer County Surrogate's Office p I Charles A Burton herby consent to be appointed and agree to act as special guardian to the above named minors for the special purpose of taking care of their interests in the matter above mentioned.

In witness hereof I have hereunto set my hand this 3^rd day of December 1855.

Charles A. Burton

 

Herkimer County Surrogate's Office S.S. In the matter of proving the will of Jacob Miller deceased as a will of real and personal property.
Ashewiah Gifford of the town of Columbia in the County of Herkimer being duly sworn and examined doth depose and testify that he was acquainted with that he was acquainted with Jacob Miller (now deceased) in his lifetime that this deponent saw the said Jacob Miller subscribe the instrument now shown to the deponent purporting to be the last will and testament of the said Jacob Miller bearing date the twenty third day of June the year of our lord one thousand eight hundred and fifty-five and that the said Jacob Miller at the same time declared the said instrument to be his last will and testament and that the deponent together with James D. Picece the other subscribing witness to said will subscribed his name as a witness at the request of the said deceased. And that the said will was executed by the deceased in the presence of all of the said witnesses and was attested by all of said witnesses at the time it was executed and in the presence of the testators and of each other and at the time the same was executed the deceased was of full lawful age and of sound mind and memory and not under restraint to the best of the deponent's knowledge and belief

Ashewiah Gifford

 

Herkimer County Surrogate's Office S.S.

In the matter of proving the will of Jacob Miller deceased as a will of real and personal property. James D. Picece of the town of Columbia in the County of Herkimer being duly sworn and examined with depose and testify that the was acquainted with Jacob Miller (now deceased) in his life time that this deponent saw the said Jacob Miller subscribe the instrument now shown to the deponent purporting to be the last will and testament of the said Jacob Miller bearing date the twenty third day of June in the year of our lord one thousand eight hundred and fifty five and that the said Jacob Miller at the same time declared the said instrument to be his last will and testament and that the deponent together with Ashewiah Gifford the other subscribing witness to said will was executed by the deceased in the presence of all said witnesses and was attested by all of the said witnesses at the time it was executed and in the presence of the testators and of each other.  And at this time the same was executed the deceased was of full lawful age and of sound mind and memory and not under restraint to the best of the deponents knowledge and belief.

James D. Picece

 

Sworn & examined and subscribed this 15^th day of December 1855 before me.

Ezra Graves Surrogate

 

Mill

The last will and testament of Jacob Miller. I Jacob Miler of the town of Columbia County of Herkimer and the state of New York considering the uncertainty of this mortal life and being of sound mind and member blest be Almighty God for the same do make and publish this my last will  and testament in the matter and form following that is to say, First I give and bequeath assets to my two sons John Adam Miler and Andrew U. Miller all my real estate of whatsoever name or nature I have in the county including that part of my real estate which my Sister Catherine now holds by my Father's last will during her lifetime which said real estate falls to me by my Father's last will after the decade of my Sister Catherine passed onto their heir and assigns forever.  Secondly I give and bequest unto my daughter Anna Maria the wife of James Lyons the sum of fifty-dollars and I also give and bequest unto my daughter Dorothy Louise, the wife of James Miller the sum of fifty-dollar and I also give and bequest unto my daughter Sophia Miranda Miller the sum of fifty-dollars and a home in my present dwelling house so long as she remains single or unmarried. I wish to be expressly understood that the above fifty-dollars I give to each one of my daughters is to be paid to them by my two sons above named within one year after my youngest son Andrew U becomes twenty one years of age. Thirdly, I wish to be expressly understood that my executors shall sell all my personal property and apply the same towards paying my debts including the mortgage my brother Andrew Miller holds on my real estate and the remainder if any remains shall be equally divided among all my children. Now be it known that I hereby make and appoint my brother William Miller executor of my last will and testament. In witness whence of I have accurately set my hand and seal this twenty-third day of June 1855. One thousand eight hundred and fifty-five.

The above instrument in writing consisting of two pages and signed and sealed by the above named Jacob Miller in our presence and the said Jacob Miller declared the same to be the last will and testament in the presence of us who have and his request and in his presence and the presence of each other pursuant to subscribed and secured as witnesses with the addition of the several pieces of  evidence this twenty third day of June one thousand eight hundred and fifty-five

Jacob J. Miller
(mark)

 

James D Picece

Ashewiah Gifford } Columbia Herkimer County

 

Herkimer County Surrogate Office SS. Beil remembers that on the day of the date here of the last will and testament of Jacob Miller late of Columbia in the County of Herkimer deceased bearing date the 23^rd of June one thousand eight hundred and fifty five being the forgoing instrument was duly proved before Esra Graves Surrogate of the of the said account of according to law at and for the last will and testament of the real and personal estate of said deceased which said last will and testament and the proofs and examinations taken those on are recorded in this office.  In testimony whereof the surrogate of the said county hath present to set his hand and affixed his seat of office this 13^th day of December in the year of Lord one thousand eight hundred and fifty-five

Esra Graves Surrogate

 

I hereby certify the forgoing h h a (indecipherable) (indecipherable) of the (indecipherable) will of Sarah Miller and the proofs and examination taken (indecipherable).

Dated December 13, 1855 -- Esra Graves Surrogate.

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