WILL: Milton Millett; Belfast, Allegany co., New York submitted by Deborah Williams Trounstine (deborah & trounstine.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://files.usgwarchives.net/ny/allegany/wills/v7/millett-milton.txt *********************************************************************** 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