Record of the Last Will of Milton Millett
 

Records of the Last Wills of
Milton Millett & Wife Philura Millett
of Allegany County

Transcribed and Submitted by PHGS Member: Deborah Troustine

Record of the Last will of Milton Millett

In the name of God, Amen!

I, Milton Millett of the town of Belfast in the county of Allegany, and the state of New York, of the age of sixty-nine years, and being of sound mind and memory, do make, publish and declare this my last will and testament in the manner follwing, that is to say:

First: I give and bequeath to my wife Philura Millett all my real estate to have and to hold the same for her own proper use and benefit during her natural life.

To my daughter Nancy Millett, the sum of one hundred dollars;

To my daughter Mary A. Millett the sum of one hundred dollars;

Second: After the decease of my wife, Philura Millett, give and devise to my son Charles Millett, his heirs and assigns, all my real estate, together with all the hereditaments and appurtenances thereunto belonging or in any wise appertaining to have and to hold the premises to the said Charles Millett his heirs and assigns forever, providing however he pays the two legatees herein mentioned vis: Nancy and Mary A. Millett, out of said real estate or otherwise within one year after the decease of my wife Philura Millett.

And lastly: I give and bequeath all my personal estate goods and chattels of what-nature or kind soever to my said wife Philura Millett to dispose of for the benefit of herself or children as she may deem best. Whom I hereby appoint sole executrix of this my last will and testament hereby revoking all former wills by one made.

In witness whereof I have hereunto set my head and seal this thirtieth day of April 1870.

Milton Millett (L.S.)

The above instrument consisting of one sheet was at the date thereof signed, sealed, published and declared by the said Milton Millett, as and for his last will and testament in presence of us who at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto.

Hiram B. Sumner, residing in Belfast, Allegany County

Newton Sumner, residing in Belfast, Allegany County

Surrogate Court, County of Allegany:

In the matter of proving the last will of Milton Millett deceased,

County of Allegany S.S.

Hiram B. Sumner & Newton Sumner, of the town of Belfast, in the county of Allegany aforesaid, being duly sworn, do depose and say, that they are the subscribing witnesses to the last will and testament of Milton Millett, late of the town of Belfast in the county of Allegany aforesaid, deceased.

And these deponents further say that the said Milton Millett, the said testator did, in the presence of these deponents subscribe his name at the end of the instrument which is now shown and exhibited to these deponents which purports to be the last will and testament of the said Milton Millett, and which bears date on the thirtieth day of April in the year of our Lord one thousand and eight hundred and seventy.

And these deponents further say that the said testator did, at the said time of subscribing his name as aforesaid, at the end of said will declare the said instrument so subscribed and now exhibited, to be his last will and testament and these deponents did thereupon subscribe their names at the end of the said will, as attesting witnesses thereto, in the presence and at the request of the said testator. And these deponents further say that at the said time when the said testator subscribed his name to the said last will as aforesaid, the said testator was of sound mind and memory, of full age to execute a will, and was not under any restraint. And that the said will now appears in all respects as when so executed without any alteration whatsoever.

Subscribed and sworn this seventh day of August 1871 before me} Hiram B. Sumner } Newton Sumner

W. Hatch, surrogate of said County.

Allegany County S.S.

It appearing upon the proof duly taken in respect to the last will and testament of Milton Millett, late of the town of Belfast in the county of Allegany, state of New York, deceased, that the said will was duly executed and that the said deceased at the time he executed the same was in all respects competent to divise real estate and not under any restraint.

The said last will and testament of said deceased with the proofs and examinations taken thereon are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statutes this seventh day of August in the year of our Lord one thousand eight hundred and seventy one.

W. Hatch

Surrogate


Record of the Will of Philura Millett, Deceased

In the name of God amen.

I Phulura Millett of the town of Belfast in the county of Allegany and State of New York of the sage of seventy two years and being of sound mind and memory do make publish and declare this my last Will and Testament in manner following that is to say,

First, I give and bequeath to my daughters Nancy and Mary A. the use of all my property both real and personal to have and to hold so long as Mary A. shall wish to make it her home.

Second, I give to my daughters, Nancy and Mary A. all my beds, furniture, clothing and dishes and in fact all the contents of my house to have and to hold as their own forever.

Third, I give and bequeath to my son Charles E. all my real estate to have and to hold as his own forever on condition as follows,

First, When Mary A. shall choose for herself a final home and Charles E. shall pay to Mary A. the sum of two hundred dollars and she accept the same it and provide a good home for Nancy during her natural life.

And I hereby appoint William Millett to be the guardian of my daughter Nancy whom I deem unfit to transact business for herself.

I hereby appoint Mary Alice Millett Administrator of this my last Will and Testatment hereby revoking all former wills by me made.

In Witness Whereof I have hereunto set my hand and seal this 4th day of September in the year of our Lord 1879.

Philura Millett {L.S.}

The above instrument consisting of one sheet was at the date thereof declared to us by Phylura Millett the testator therein mentioned to be her Last Will and Testament and she at the time acknowledged to us and each of us that she had signed and read the same and we therefore at her request and in her presence have signed our names thereunto attesting witness.

Newton Sumner Residing at Belfast Allegany Co.

William Millett Residing at Belfast County of Allegany

Surrogate Court ---- County of Allegany

In the matter of proving the last Will and Testament Of Philura Millett Deceased

County of Allegany S.S.

Newton Sumner and William Millett of the town of Belfast in the county of Allegany aforesaid being duly sworn do depose and say that they are the subscribing witnesses to the last Will and Testament of Philura Millett late of the town of Belfast in the county of Allegany aforesaid deceased.

And these deponents further say that the said Philura Millett the said testatrix did in the presence of these deponents subscribe her name at the end of the instrument which is now shown and exhibited to these deponents which purports to be the last Will and Testament of the said Philura Millett and which bears the date on the Fourth day of September in the year of our Lord one thousand eight hundred and seventy nine. And these deponents further say that the said testatrix did at the said time of subscribing her name as aforesaid at the end of said Will declare the said instrument so subscribed and now exhibited to be her last Will and Testament and these deponents did thereupon subscribe their names at the end of the said Will as attesting witnesses thereto in the presence and at the request of the said testatrix and in the presence of each other. And these deponents further say that at the said time when the said testatrix subscribed her name to the said last Will as aforesaid and at the time of these deponents subscribing their names as attesting witnesses thereto as aforesaid the said testatrix was of sound mind and memory of full age to execute a will and was not under any restraint. And that the said Will now appears in all respects as when so executed without any alteration whatsoever.

Newton Sumner

William Millett

Subscribed & Sworn } this 17 th day of July 1882 } before me }

J.S. Escen (?), Surrogate of Allegany County State of New York}

Surrogates Office } Allegany County } SS.

It appearing from and upon the proofs duly taken in respect to the last Will and Testament of Philura Millett, late of the town of Belfast in said county and state deceased that the said Will was duly executed and that Philura Millett the testatrix at the time when she executed the same was in all respects competent to devise real estate and under no restraint the said will with the proofs and examinations taken thereon are herewith duly signed certified and recorded in this office pursuant to the provisions of the Revised Statutes of the state of New York this 17 th day of July 1882

    1. M. Wright (?)
Clerk of the Surrogates Court
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