WILL: Cornelius Miller;  Davenport, Delaware co., NY 
surname: Miller

submitted by anonymous donor
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Submitted Date: April 20,2004
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Source: Sampubco Copy
Delaware co NY Will Book Vol M page 2
Written: February 16 1881
Recorded: March 24 1885

Transcribed from SAMPUBCO copy by anonymous donor

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