WILL: Samuel Miller; Fenton, Broome co., NY surname: Miller, Scott submitted by Peggy Dyar (pdyar @ core.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Peggy Dyar. Broome County, NY Fenton Vol 34 page589 Record of the Last Will and Testament of Samuel Miller, deceased. And of the proofs taken upon the Probate. Be it remembered, That heretofore, to wit on the 9th day of March in the year of our Lord one thousand nine hundred and four. Martha A. Scott Executrix named in the Last Will and Testament of Samuel Miller late of the Town of Fenton in the County of Broom deceased, appeared in open court, before the Surrogate of the County of Broome, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the Executrix and all the heirs at law and next of kin of the said testator and their respective residences, And said Surrogate did thereupon issue a Citation in due form of Law, directed to the said heirs at law and next of kin of said decedent, by their respective names, requiring them to appear before said Surrogate at his office in the Court House in the City of Binghamton, in said County, on the 22d day of April 1904, to attend the Probate of said Will, And afterwards, to wit: on the 22d day of April A.D. 1904, satisfactory Proof in the manner prescribed by law for proof of service of a summons issued out of the Supreme Court, was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day said Executrix appearing in support of the probate of said Will by W.J. Annas, Esq. her attorney and (unreadable) Appearing to oppose the probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth upon this 22d day of April A.D., 1904, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate and the proofs thereof to be sufficient, which said Last Will and Testament and proofs are as follows, that is to say: In the Name of God, Amen: I, Samuel Miller of the town of Fenton, in the County of Broome and State of New York, 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 direct that all my just debts and funeral expenses be paid. Second. I give and bequeath to Martha A. Scott all the real and personal property that I may have at the time of my death. Lastly, I hereby appoint Martha A. Scott with full power to seal, mortgage or lease real estate to the executor of this, my last will and testament; hereby revoking all former will by me made. In Witness Whereof, I have hereunto subscribed my name this 21st day of August, in the year of our Lord one thousand nine hundred three. Samuel Miller We, whose names are hereto subscribed, Do Certify, that on the 21 day of August, 1903, Samuel Miller, the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last will and testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date, and write opposite our names our respective places of residence. Chars. H. Paddleford, residing at North Fenton, N.Y. W. J. Annas, residing at Chenango Forks, N.Y. Surrogate's Court, County of Broome In the Matter of Proving the Last Will and Testament of Samuel Miller, deceased. Present, Hon. ROBERT S. PARSONS, Surrogate Examination of Witnesses Sworn and Examined in the Above Entitle Matter. Broome County, SS. W. J. Annas of the Town of Barker in the County of Broome, being duly sworn as a witness in the above entitled matter, and examined in open Court in behalf of the applicant to prove said will, deposes and says as follows: I was personally acquainted with Samuel Miller in his lifetime. He is now deceased. I knew the above named decedent for more than 2 years previous to his death. The subscription of the name of said Samuel Miller the decedent, to the instrument in writing now shown to me, bearing date of 21 day of August one thousand nine hundred and three and purporting to be his last will and testament was made by him in the presence of myself and Charles H. Paddleford the other attesting witness sign. At the time of making said subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament, and I thereupon, then and there signed my name as an attesting witness, at the end of said instrument at the request of said decedent and in his presence, and in the presence of the other attesting witness. I also saw said Charles H. Paddlefored the other attesting witness sign his name as a witness at the end of said instrument and to my knowledge he did so at the request of said decedent and in his presence. The said decedent, at the time of so executing the said instrument was upwards of twenty-one years of age, and of the age of 84 years or thereabouts, and was a citizen of the Unites States. He appeared to be, and it is my opinion and belief that he then was of sound mind, memory and understanding, and in all respects competent to make a will and not under restraint. Taken, subscribed and sworn to W. J. Annas before me Apr. 22d 1904 (signed) Robert S. Parsons, Surrogate. Broome County, SS. Chas. H. Paddleford of the town of Fenton in the County of Broome, being duly sworn as a witness in the above entitled matter, and examined in open Court on behalf of the applicant to prove said will, deposes and says as follows: I was personally acquainted with Samuel Miller in his lifetime. He is now deceased. I knew the above decedent for more than 30 years previous to his death. The subscription of the name of said Samuel Miller the decedent, to the instrument in writing now shown to me bearing the date of 21st day of August one thousand nine hundred and three and purporting to be his last will and testament was made by him in the presence of both myself and W.J. Annas the other attesting witness. At the time of making said subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament, and I thereupon, then and there signed my name, as an attesting witness, at the end of the said instrument at the request of said decedent and in his presence, and in the presence of the other attesting witness. I also saw said W.J. Annas the other attesting witness sign his name as a witness at the end of said instrument, and to my knowledge he did so at the request of said decedent and in his presence. The said decedent, at the time of so executing the said instrument was upwards of twenty-one years of age, and of the age of 84 years or thereabouts, and was a citizen of the United States. He appeared to be, and it is my opinion and belief that he then was of sound mind, memory and understanding, and in all respects competent to make a will and not under restraint. Taken, subscribed and sworn to Charles H. Paddleford before me April 22d 1904. (signed) Robert S. Parsons, Surrogate. Subscribed and sworn to before me this, ___ day of ___ A. D. 190_. Surrogate Broome County SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament, Samuel Miller late of the Town of Fenton in the county of Broome and State of New York, deceased, that the said Will was duly executed and that the said testator at the time he executed it was in all respects competent to make a will, and not under restraint, and the same having upon due proof been admitted to probate as a valid will to pass real and personal property, the said last Will and Testament and the proofs and examinations taken upon the probate thereof are hereby recorded, signed and certified by me, pursuant to the provisions of the Statutes in such case made and provided, this 22d day of April A.D. 1904. (signed) Robert S. Parsons, Surrogate.