WILL: Milton Millett; Belfast, Allegany co., New York

submitted by Deborah Williams Trounstine (deborah & trounstine.com)
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Source: sampubco.com
Allegany co NY Will Book Vol. 7 page 50
Written: 13 Apr 1870
Probated: 7 Aug 1871

           Record of the Last Will of Milton Millett
(transcribed by Deborah Williams Trounstine   Deborah@trounstine.com)

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