Delaware County NY Genealogy and History Site

submitted by Harley Miller, March 14, 2000

A copy of the will of James Miller late of the Town of Hancock in the country of Delaware, deceased.

In the name of God, Amen, I James Miller of the Town of Hancock, county of Delaware and the State of New York being weak in body but of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last will and Testament in manner and form following, Viz;

First I will and order that all and singular my debts shall be paid out of my personal Estate, if sufficient, and the Remainder, if any there be, out of Real Estate and further I give and bequeath unto my beloved Wife Abigail Miller the full use and benefit of one third part of the remainder of said Estate during her life time.

I do also give and bequeath unto my son Solomon Miller one Dollar. I do also give and bequeath my son Earl Miller one Dollar. I also give and bequeath unto my daughter Phebe Miller a sum equal to what has been given to my Daughter Mary Twaddell, which said several legacies or sums of my money I will and order shall be paid to the said respective ligatees within six months after my decease. I further give and devise unto my sons James Miller Jun., Isaac Miller, Levi Miller and Colonel A. Miller, their heirs, and assigns, all that my messuage(?) or tenament estate lying and being in the Town of Hancock, county of Delaware and State of New York, aforesaid together with all my other Freehold Estates whatsoever to hold to them the said James Miller Jun., Isaac Miller, Levi Miller and Colonel A. Miller their heirs and assigns forever. And lastly I do hereby constitute and appoint my well beloved Wife Abigail Miller my Executrix and my son James Miller Jun. To be Executor of this my last will and Testament, hereby revoking all former wills by me made. In Witness whereof I have herunto set my hand and seal this twentieth Day of July One Thousand eight hundred and seven (James Miller signature, but followed by a circle within which are the letters L.S., I presume this to mean that it is his 'legal signature', but not in his own hand. All the signatures look to be in the same hand, so it was likely, as stated, a 'copy' of the last will and testament, transcribed by a clerk)

Declared by the above named James Miller to be his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses in presence of the Testator: (John Winchel, Joseph Wood, Owen Phillips signatures)

Delaware County (ss?). Be it remembered that on the Nineteenth Day of January in the year of our Lord one thousand eight hundred and eight, personally appeared before me, Anthony Marvine, Surrogate of the said County of Delaware, John Winchel and Joseph Wood, to whom I amdinistered an Oath in the words following, to wit:

You and each of you do swear that you saw James Miller sign and seal and heard him publish and declare this instrument in writing as and for his last Will and Testament, and that at the time thereof, the said James Miller was of sound and disposing mind and memory to the best of your knowledge and belief, and that your names subscribed to the said instrument are of your own proper hand writing and that you saw Owen Phillips - the other witness to the said will - subscribe his name with you as witness thereto, and in presence of the testator, so help you God - And be it also remembered that on the same day and year aforesaid Abigail Miller, Executrix of the within Will appeared before me, Anthony Marvine, Surrogate, as aforesaid, and was duly sworn to the true performance and Execution of the within Will by taking the usual oath as Executrix - and be it also remembered that on the Thirteenth Day of February in the year of our Lord one thousand eight hundred and eight, aforesaid James Miller Jun., the other Executor of the within written Will, likewise appeared before me, Anthony Marvine, Surrogate, as aforesaid and was duly sworn to the true performance and execution of the within Will by taking the usual oath as Executor.

(Anthony Marvine signature)

A copy of the letters (unknown word here) granted on the Estate of James Miller, late of the Town of Hancock in the County of Delaware, deceased.

The People of the State of New York by the Grace of God and independent to all whom these presents?? shall come or may concern (send greeting???). Know Ye that at the Town of Stamford in the County of Delaware on the nineteenth Day of January in the year of our Lord one thousand eight hundred and eight, before Anthony Marvine, Esquire, Surrogate of our said County the last Will and Testament of James Miller, deceased, (a copy whereof is hereto announced) was proved and is now approved and allowed of by us stand??. The said deceased having whilst he lived and at the time of his death, Goods, Chattels or Credits within this State by means whereof the proving and registering the said Will and the granting Administration of all and singular the said goods, chattels and credits and also the auditing, allowing and final discharging the account thereof doth belong unto us the Administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his Will is granted unto Abigail Miller and James Miller, Jun. Executors in the said Will named, they being first duly sworn well and fiathfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said goods, chattels and credits, and also to render a just and true account thereof when thereunto required.

In testamony whereof we have caused the seal of Office of our said Surrogate to be hereunto affixed. Witness Anthony Marvine, Esquire, Surrogate of the said county at Stamford aforesaid the thirteenth day of February in the year of our Lord one thousand eight hundred and eight and of our Independence the thirty second.

(Anthony Marvine signature)

The predeeding will of James Miller deceased, with a memorandum of the proof thereof and of the oath administered to Abigail Miller and James Miller Jun. as executor were received this thirteenth day of February 1808. (The numerals 8 in this date look like and S lying down) (Anthony Marvine signature)