Deed & Wills
[Transcribed from SAMPUBCO COPY
by Susan Stalker Mulvey on 6 September 2005]
Andrus S. Miller
BOOK N, PAGES 85-88
Record of the Last Will & Testament of Andrus S. Miller late of the town of Claverack in the County of Columbia deceased relating to both real and personal Estate together with the proofs taken in respect thereto
Recorded August 1864
Columbia Count, ss:
Be it remembered that heretofore to wit on the 30th day of July AD 1864 William J. Miller the sole Executor named in the Last Will & Testament of Andrus Miller late of the Town of Claverack County of Columbia State of New York appeared in open Court before the Surrogate of this County of Columbia, and made application to have the said Last Will & Testament which relates to both real & personal Estate proved, and on such application the Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said Testator and their respective residences, and all of them appearing to be of full age, said Surrogate did therefore issue a Citation in due form of Law directed to the said heirs 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 City of Hudson on the 10th day of August 1864 ____next to attend the probate of the said Will. And afterwards to wit – on the said 10th day of August satisfactory evidence by affidavit was produced and presented to said Surrogate of the service of the said Citation in the made prescribed by law, and on that day no one appearing to oppose the probate of such will such proceedings were thereupon had afterwards that the Surrogate took the proof of said Will herein after set forth upon this tenth day of August in the year one thousand Eight hundred and sixty-four, and be adjudged the said Will to be a valid Will or real & personal Estate and the proofs there of to be sufficient which said Last Will & Testament and proofs are as follows to wit:
In the name of God, Amen, I Andrus S. Miller of the town of Claverack in the County of Columbia being in the full possession of my mental faculties do make this as and for my Last Will & Testament in manner following to wit:
First- I order and direct that all my just debts and funeral expenses be first paid by may Executor herein after named out of my personal Estate. Also I give unto my beloved wife Gertruyde for and during her natural life the use of my household furniture of every description and the right and privilige of remaining upon the premises occupied by us and I do hereby order and direct that my son William J. Miller shall well and faithfully support and maintain my said wife in sickness and in health with all things necessary and proper for her support during her natural life, and which is to be in line of Dower, and is made a charge upon the Estate hereafter given to my said son William J. Also from and after the death of my said wife I give and devise my said household furniture or what shall remain thereof to my two daughters Margaret the wife of Cornelius New, and Anna Maria the wife of George W. Philips to be equally divided between them without any control of their husbands. Also I give devise & bequeath to my said son William J. Miller his heirs and assigns all and singular the real and personal Estate whereof I shall or may die seized and possessed of every character nature and description whatever except the household furniture above mentioned To have and To Hold the same to my said son absolutely subject to the support of my said widow and subject to the further payment by my said son William to my said daughter Margaret the wife of Cornelius New of the sum of three thousand dollars, one half in one year, and the other half in two years from my decease without interest. And subject also to the further payment by my said son William J. to my daughter Anna Maria the wife of George W. Philips of two thousand five hundred dollars, of which one thousand dollars is to be paid in one year, and the remaining fifteen hundred dollars in two years after my decease without interest until after the same becomes due and which sum together with the sum of five hundred dollars heretofore by me advanced to my said daughter Anna Maria is intended to make her equal with her sister Margaret and I do order and direct that the aforesaid legacies shall be paid to my said daughters without any power or control of their respective husbands and that this receipts of my said daughters shall be full releases and discharges of this payment of said legacies and release the property herein interested to be given to my said son William from all liability for or on account of said legacies. And I do hereby constitute and appoint my said son William J. Miller sole Executor of this my Last Will & Testament hereby revoking all former wills by me made.
In Witness Whereof I have hereunto set my hand and seal this first day of August in the year 1849.
Andrus S. Miller [L.S.]
Signed sealed published and declared by the Testator as and for his Last Will & Testament in our presence and we have witnessed the same in his and each others presence, and at his special request.
Killian Miller, Hudson, Columbia County
DeWitt Miller, Hudson, Columbia County
In Surrogates Court
In the matter of proving the
Last Will & Testament
Of Andrus S. Miller, decd
Columbia County SS: Christopher S. Miller of the town of Claverack in said County being duly sworn says he is a Brother of Andrus S. Miller deceased. That he knew said Andrus S. Miller in his life time, and has seen him write, and is acquainted with his handwriting, and that he believes the signature of Andrus S. Miller to the paper shown him and purporting to be the Last Will & Testament of said Andrus S. Miller to be his proper handwriting and signature.
Taken subscribed sworn, & examined
before me this 10th day of August 1865
Surrogate (Duly Stamped) [signed] Christopher S. Miller
Columbia County SS:
Herman V. Esselstyn of the City of Hudson in said County being duly sworn deposes and says, that he was acquainted with Killian Miller in his life time, that he has seen said Killian Miller write, and knows his handwriting, and that he verify believes the signature of said Killian Miller as a subscribing witness to Instrument now shown to him and purporting to be the Last Will and Testament of Andrus S. Miller to be the proper signature and handwriting of said Killian Miller.
Taken subscribed sworn & examined
this 10th day of August 1864 before me
Surrogate (duly stamped) Herman V. Esselstyn
Columbia County SS:
Henry Miller of Hudson in said County being duly sworn says that he was well acquainted with Killian Miller and DeWitt Miller in their life time, that he has seen them write, and is well acquainted with the handwriting of said Killian Miller & DeWitt Miller, and that he verily believes the signatures of said Killian Miller and Dewitt Miller as the subscribing witnesses to the instrument now shown him and purporting to be the Last Will & Testament of Andrus S. Miller decd to be the proper handwriting and signatures of said Killian and Dewitt Miller- Deponent further says that the body of the said Will is all in the handwriting of said Killian Miller deponent further says that he has seen the said Andrus Miller write and form his knowledge of his handwriting he verily believes the signature of Andrus S. Miller to said Instrument purporting to be the Last Will & Testament of said Andrus S. Miller to be his proper handwriting & signature.
Taken Subscribed sworn and
Examined this 10th day of
August 1864 before me
Chas Esselstyn (duly stamped) Henry Miller
Columbia County SS:
Recorded the proceeding Last Will & Testament of Andrus S. Miller deceased as and for a valid Will of Personal Estate together with the proofs taken in the Court of the Surrogate of said County relating thereto which record is hereby signed and certified by me this Tenth day of August in the year of our Lord one thousand Eight hundred & sixty four.
[signed] Chas Esselstyn, Surrogate