Columbia County,

New York

Deed & Wills

[Transcribed from SAMPUBCO COPY

 by Susan Stalker Mulvey on 6 September 2005]

Will

of

Margaret Miller

Book2, Pages 445-448

 

Record of the Last Will and Testament and Codicil thereto of Margaret Miller late of the Town of Claverack, Columbia County, N.Y. deceased; as a Will and Codicil thereto valid to pass real and personal property, together with the proofs relating thereto taken in the Surrogates Court of the County of Columbia, N. Y., and the Decree admitting said Will and Codicil thereto to Probate.

Recorded September 12th 1887.

 

This Last Will and Testament of Margaret Miller of the Town of Claverack, Columbia County, N.Y.

First: - I appoint my husband Stephen L. Miller sole Executor of this my Will, hereby canceling and revoking all other Wills by me made.— 

Second: - I give and devise to my said husband for and during the term of his natural life, the full and free use, income and proceeds of all my real estate, and I give and bequeath to him and his heirs forever all personal property of every description of which I may die seized or possessed. –

Third: - After the decease of my said husband, I give and devise said real estate to my two children, Etta E. Shutts, wife of John Shutts, Jr. and Marshal J. Miller to be divided equally between them but subject nevertheless to the payment of the sum of One Hundred Dollars to Lyman C. H. Miller, who is now living with me, on his attaining the age of twenty one years.  And it is my wish that the said Lyman should be suffered and permitted to make my present place of residence his home until that time, unless he shall choose to sooner leave the same. 

           In Witness Whereof, I have hereto set my hand and seal this 11th day of September 1886. 

Margaret Miller [L.S.]

 

The foregoing instrument was, at the date thereof, signed, sealed, published, and declared by the above named testator, Margaret Miller, as and for her Last Will and Testament in our presence, and we at her request and in her presence and in the presence of each other have signed our names as witnesses thereto. 

Bert Stetson of Claverack, Col. Co., N. Y.

George Whitman of Claverack, Col. Co. N. Y. 

This is a codicil to my Last Will and Testament, dated September 11, 1886.

First: - I hereby revoke that clause and bequest in said Will going to Lyman C. H. Miller the sum of One Hundred Dollars on his attaining the age of twenty-one years, but request of my husband that in the event of his keeping my present home he will suffer said Lyman to remain with him until he attains that age. 

Second: - I will and direct that in the event my said husband shall find the income and avails and proceeds of said real estate to be insufficient for his support, he shall be at liberty to sell said real estate and I hereby authorize and empower him so to do, and to make execute and deliver proper conveyance of the same and the surplus, after satisfying whatever encumbrances may be on the said real estate to have, use and enjoy as he may see fit.

           In Witness Whereof I have hereto set my hand and seal this 18th day of April, 1887.

Margaret Miller [L.S.]

The above instrument was at the date thereof signed, sealed, published and declared by the above named Margaret Miller as and for a Codicil to her Last Will and Testament in our presence and we, at her request and in her presence and in the presence of each other have signed our names as witnesses thereto. 

Charles Calb of Taghkanic, Col. Co. N. Y.

Frank Moore of Claverack, Col Co. N. Y.

 

Surrogates Court County of Columbia

In the Matter of Proving the Last Will

And Testament and Codicil thereto

 

Margaret Miller – Deceased.

Columbia County, ss: 

          Bert Stetson of the Town of Claverack, in said County and George Whiteman of the Town of Claverack, in the County of Columbia, being first duly sworn in open Court, on their oaths do depose and say that they are subscribing witnesses to the instrument now shown to them, purporting to be the Last Will and Testament of Margaret Miller, late of the Town of Claverack, in the County of Columbia aforesaid, deceased, and bearing date on the eleventh day of September, in the year of our Lord one thousand eight hundred and eighty six.  That the deponents signed their names as witnesses to said instrument at the request, and in the presence of the said Margaret Miller and in the presence of each other.  That the deponents saw the said Margaret Miller execute the said instrument, and heard her declare the same to be her Last Will and Testament: at which time the said Margaret Miller was upwards of twenty-one years of age, and of sound mind and memory, and not under restraint to the knowledge or belief of these deponents.  That the said Margaret Miller is now dead, and was at the time of her death an inhabitant of the Town of Claverack, in the County of Columbia, and State of New York. 

Sworn to before me this                                                            Bert Stetson

12th day of Sept. 1887                                                              George Whiteman

        Isaac N. Collier

        Surrogate 

 

Surrogate’s Court, County of Columbia

In the Matter of Proving the Last Will

And Testament and Codicil thereto

                    Of

Margaret Miller -----------deceased

Columbia County, ss:

               Charles Calb of the town of Taghkanic and Frank Moore of the Town of Claverack, in the County of Columbia, being first duly sworn in open Court, on their oaths, do depose and say that they are subscribing witnesses to the instrument now shown to them, purporting to be a Codicil to the Last Will and Testament of Margaret Miller, late of the town of Claverack, in the County of Columbia aforesaid, deceased, and bearing date on the 18th day of April in the year of our Lord one thousand eight hundred and eighty-seven.  That the deponents signed their names as witnesses to said instrument at the request, and in the presence of the said Margaret Miller and in the presence of each other.  That the deponents saw the said Margaret Miller Execute the said instrument, and heard her declare the same – to be a codicil to her Last Will and Testament at which time the said Margaret Miller was upwards of twenty-one years of age, and of sound mind and memory, and not under restraint to the knowledge or belief of these deponents.  That the said Margaret Miller is now dead and was at the time of her death an inhabitant of the Town of Claverack in the County of Columbia and State of New York.

Sworn to before me this                                                            Charles Calb

12th day of Sept. 1887                                                              Frank Moore

         Isaac N. Collier

            Surrogate

 

At a Surrogate Court held in and for the County of Columbia, at this Surrogate’s office in the City of Hudson, on the 12th day of September, 1887 –

Present. This Surrogate 

In The Matter of the Last Will

And Testament and Codicil thereto

                  Of

Margaret Miller, deceased

                   On the application of Stephen F. Miller, the husband of dec’d and executor named in said Will and on filing proof of service of citation on the heirs and next-of-kin of, dec’d, Special Guardian having been appointed and appearing for the infant heir and infant next-of-kin, and after hearing the proofs, and it appearing that said Will and Codicil thereto was duly executed; that the testatrix was, at the times of making said Will and Codicil thereto in all respects competent to make the same, and was not under any restraint, It is Ordered and Decreed, that said Will, bearing date September 11th 1886, and said Codicil bearing date April 18th 1887 be, and the same here hereby are admitted to Probate as a Will and Codicil thereto valid to pass real and personal property and that the same with the proofs relating thereto, be recorded accordingly; the Probate of said Will and Codicil thereto not having been contested.  Ordered further, that Letters Testamentary thereof issue to the executor herein named he having taken and filed the oath prescribed by law.

Isaac N. Collier

    Surrogate

Columbia County, ss:

            Recorded the proceeding Last Will and Testament and Codicil thereto of Margaret Miller late of the Town of Claverack, Columbia County, N.Y., deceased, as a Will and Codicil thereto valid to pass real and personal property, with the proofs relating thereto, taken in the Surrogate’s Court of the County of Columbia, N.Y., and the decree admitting said Will and Codicil thereto to Probate, which Record is hereby signed and certified by me, pursuant to the provisions of the Statutes of the State of New York, this 12th day of September, 1887. 

Isaac N. Collier

         Surrogate