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

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Source: sampubco.com
Allegany co NY Will Book Vol. 10 page 1
Written: 4 Sep 1879
Probated: 17 Jul 1882

A Record of the Will of Philura Millett, Deceased

            In the name of God amen.
I Phulura Millett of the town of Belfast in the county of Allegany and State
of New York of the sage of seventy two years and being of sound mind and
memory do make publish and declare this my last Will and Testament in manner
following that is to say,

First, I give and bequeath to my daughters Nancy and Mary A. the use of all my
property both real and personal to have and to hold so long as Mary A. shall
wish to make it her home.

Second, I give to my daughters, Nancy and Mary A. all my beds, furniture,
clothing and dishes and in fact all the contents of my house to have and to
hold as their own forever.

Third, I give and bequeath to my son Charles E. all my real estate to have and
to hold as his own forever on condition as follows,

First, When Mary A. shall choose for herself a final home and Charles E. shall
pay to Mary A. the sum of two hundred dollars and she accept the same it and
provide a good home for Nancy during her natural life.

And I hereby appoint William Millett to be the guardian of my daughter Nancy
whom I deem unfit to transact business for herself.

I hereby appoint Mary Alice Millett Administrator of this my last Will and
Testatment hereby revoking all former wills by me made.

In Witness Whereof I have hereunto set my hand and seal this 4th day of
September in the year of our Lord 1879.
            Philura Millett  {L.S.}

The above instrument consisting of one sheet was at the date thereof declared
to us by Phylura Millett the testator therein mentioned to be her Last Will
and Testament and she at the time acknowledged to us and each of us that she
had signed and read the same and we therefore at her request and in her
presence have signed our names thereunto attesting witness.
Newton Sumner Residing at Belfast Allegany Co.
William Millett Residing at Belfast County of Allegany

Surrogate Court ---- County of Allegany
In the matter of proving the last Will and Testament
            Of
              Philura Millett Deceased
                 County of Allegany  S.S.
Newton Sumner and William Millett 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 Philura Millett late
of the town of Belfast in the county of Allegany aforesaid deceased.

And these deponents further say that the said Philura Millett the said
testatrix did in the presence of these deponents subscribe her 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 Philura Millett and
which bears the date on the Fourth day of September in the year of our Lord
one thousand eight hundred and seventy nine. And these deponents further say 
that the said testatrix did at the said time of subscribing her name as
aforesaid at the end of said Will declare the said instrument so subscribed
and now exhibited to be her 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 testatrix and
in the presence of each other. And these deponents further say that at the
said time when the said testatrix subscribed her name to the said last Will as
aforesaid and at the time of these deponents subscribing their names as
attesting witnesses thereto as aforesaid the said testatrix 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.
                         Newton Sumner
William Millett
Subscribed & Sworn        }
this 17th day of July 1882 }
before me                      }
                      J.S. Escen (?), Surrogate of Allegany County

State of New York}
Surrogates Office }
Allegany County  }    SS.
It appearing from and upon the proofs duly taken in respect to the last Will
and Testament of Philura Millett, late of the town of Belfast in said county
and state deceased that the said Will was duly executed and that Philura
Millett the testatrix at the time when she executed the same was in all
respects competent to devise real estate and under no restraint the said will
with the proofs and examinations taken thereon are herewith duly signed
certified and recorded in this office pursuant to the provisions of the
Revised Statutes of the state of New York this 17th day of July 1882
                           M. Wright (?)
                         Clerk of the Surrogates Court