Transcribed by Jackie Mctaggart from SAMPUBCO copy
Delaware NY Will Book Vol. M, page 2
The Will of Cornelius Miller
Be it remembered, that at a Surrogate's Court, held at the Surrogate's Office in Delhi in and for the County of Delaware, on the 24th day of March, 1885, the last Will and Testament of Cornelius Miller late of the Town of Davenport in the County of Delaware, deceased, was duly proved, before Daniel T. Arbuckle, Esq., Surrogate of said County, and was by said Surrogate adjudged valid, and established as a Will of real and personal Estate, and the same, together with the proofs and examinations taken on the probate thereof, are pursuant to an order of the Surrogate here recorded, to wit: I, Cornelius Miller of the town of Davenport Delaware County in the State of New York being of sound mind and memory, do make and publish this to be my last Will and Testament in manner following:
First. To my sons John C. Miller and William G. Miller I give and devise all that certain parcel of real estate which I own being in Lot No 7 Fitch's Patent in said town of Davenport and supposed to be 224 acres of land more or less: the said real estate not to be divided or disposed of in any manner until the said Wm. G. (youngest son) arrives at the age of twenty one years, then to be equally divided between them share and share alike.
Second: My homestead premises in said town of Davenport supposed to be about thirty acres of land more or less I give and devise unto my well beloved wife Sally M. Miller, and my said two sons jointly equal during the life of my said wife, the same to be used and enjoyed by them in common as their home and for the purpose of their livelihood. I mean it to be understood that my said wife shall at all times have a sufficient control over said homestead premises to insure and secure to her a comfortable house and habitation in (our?? Unreadable) present dwelling house: at the decease of my said wife but not sooner then the full fee simple title of said premises to vest in any said sons share and share alike therein.
Third: Unto my said sons I give and devise a house & lot (7/8 of an acre which I own at Davenport Center) the same lies situate /sic/ between the house premises of John C. Brown and of Giles B. G____(unreadable).
Fourth: The money which I now have out at interest I desire to be kept securely invested at interest until my youngest son arrives at the age of twenty-one years and during said time if it shall be necessary to use such interest or any part thereof in addition to the income of said home premises to support my wife and sons or either of them in sickness and in health in a good and comfortable manner, then there shall be applied of said interest whatever may be needed for the said purpose. When my said youngest son arrives at the age of twenty-one years, said money and such interest as may be added thereto is to be divided equally between the said John C. Miller and William G. Miller share and share alike.
Fifth: The foregoing bequest and gift made to my said wife is to be in full of all (unreadable) right and thirds which she may have or claim in and to my estate and of all other rights she may (unreadable) in and to the same.
Lastly I hereby nominate and appoint my friend [the following underlined section is scribbled out in the will] Wm. F. Ford to be executor of this my last Will and Testament and to see that the conditions expressed therein are fulfilled and carried out as fully as may be to the best of his ability.
In Witness Whereof I have herewith set my hand and seal February 16th, 1881 [the following signature is scribbled out in the document] Cornelius Miller (L.S.)
The foregoing instrument consisting of one sheet of legal cap paper was at the date thereof published and declared by the said Cornelius Miller the testator, to be his last Will and Testament. That at the same time he requested us to subscribe our names thereto as attesting witnesses, which we do in his presence and in the presence of each other. He having in our presence signed his name before he made said publishing and declaration.
Andrew G. Shaw Oneonta, Ostego Co. NY
William F. Ford West Davenport, Del. Co. NY [these two names and addresses are crossed out in the document]
This evidence taken as to the pencil erasures appearing on the face of the foregoing Will may be found in Vol. 10 of the Stenographic minutes.
DELAWARE COUNTY, SS.
Andrew G. Shaw of the Town of Oneonta in the county of Ostego, and William F. Ford of the Town of Davenport in said County of Delaware, being duly and severally sworn in open Court, do severally depose and say, that they were acquainted with Cornelius Miller late of the Town of Davenport in said County of Delaware, deceased, in his life time, and are the subscribing witnesses to his last Will and Testament. That the instrument which is now shown to them and which purports to be the last Will and Testament of the said Cornelius Miller and bears the date 16th day of February 1881, and that the said Cornelius Miller did at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament, in the presence and hearing of these deponents, who did thereupon at his request and in his presence and is in the presence of each other, subscribe their names at the end of the said Will as attesting witnesses thereto. That at the time thereof the said Cornelius Miller was of sound mind any /sic/ memory, of full age to make said Will, and not under any restraint.
Sworn and subscribed this 16th day of February 1885, Daniel T. Arbuckle, Surrogate
(Signed) Andrew G. Shaw & William F. Ford
I, Daniel T. Arbuckle, Surrogate of the County of Delaware, do hereby certify that the foregoing is a correct copy of the whole of the probate of the last Will and Testament of Cornelius Miller deceased, together with the proofs and examinations taken on the probate thereof. (signed) Daniel T. Arbuckle, Surrogate