WILL: William Otis Miller; Sherman, Chautauqua co., NY surname: Miller, Kip, Fletcher submitted by Susan Lee (SusanL @ gis.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Chautauqua County Will Book Vol 1 page 319 Source: Transcribed from Sampubco copy In the matter of the estate of William O. Miller, deceased To the Surrogate of the County of Chautauqua The petition of Jane Ann Miller of the town of Sherman in the county of Chautauqua respectfully showeth that William O. Miller late of the town of Sherman in the said county of Chautauqua deceased, died in the County [Town?] of Summerfield County of Munroe and State of Michigan on or about the 6th day of October in the year of our Lord one thousand eight hundred and thirty nine being at that time an inhabitant of the County of Chautauqua; that he died leaving a last will and testament which is now produced in the Surrogate Court of the County of Chautauqua before the said Surrogate which bears date the fifth day of October in the year of our Lord 1839 and by which said last will and testament the said deceased nominated and appointed the said Jane Ann Miller executrix thereof that the said deceased died possessed of real and personal estate in the said County of Chautauqua and also some real estate in Wayne County New York and that the following named persons are all the heirs at law and next of kin of the said deceased and their respective ages and places of residence are as follows viz: Jane Ann Miller the petitioner and widow of the deceased, Polly Miller the mother of the deceased, aged about 78, Elijah Miller, aged about 34 years, Esther Kip, wife of Benjamin H. Kip aged about 39 years all residing in the said county of Chautauqua; Also Joseph A. Miller aged about 42 years residing in Wayne County in State of New York, James M. Kip aged about 19 years residing in Oswego County N. York, Nancy M. Fletcher wife of Stoughton A. Fletcher aged about 23 years residing at Indianapolis, state of Indiana. You petitioner further says that Oliver T. Rose and Walter Reynolds who signed the said will as witnesses reside at Summerfield aforesaid that the said Azel Hooker also did reside at Summerfield aforesaid at the time the said will was made but where he now resides your petitioner is unable to state and your petitioner theretofore desires that a commissioner issue to some suitable person to take this testimony. Your petitioner further showeth that she is desirous of having the said will admitted to probate and of having letters testamentary granted thereon and also of having the said will proved and recorded according to the law as a will of real and personal and real estate and therefore prays that the same may be so proved and recorded as aforesaid and that all such process and proceedings may be had and taken therein for that purpose as are just and proper and as the law may require. And your petitioner will ever pray so Dated July 6th 1840 Jane Ann Miller Chautauqua County On this 6th day of July in the year of our Lord one thousand eight hundred and forty before me the subscriber Surrogate of the County of Chautauqua came Jane Ann Miller the petitioner named in the foregoing petition and made an oath that the matters set forth in the foregoing petition according to the best knowledge information and belief of the said petitioner. Austin Smith, Surrogate of the County of Chautauqua At a Surrogate court held at the Surrogate office in the village of Westfield, County of Chautauqua and State of New York on the 6th day of July 1840 before Austin Smith Surrogate In reading and filing the above petition duly verified by the oath of Jane Ann Miller the petitioner it is ordered that a citation issue to the heirs and next of kin therein named to appear and attend the probate of the said will before the said Surrogate at his office in Westfield in the said County on the 28th day of September next at 10 o'clock A.M. Witness my name and official seal the day and year aforesaid Austin Smith Surrogate L.S. In the matter of the Estate of William O. Miller, deceased} Record of Will Know all men by these present that I William Otis Miller of the Town of Sherman, County of Chautauqua and State of New York of sound mind but weakened, diseased Body now in the town of Summerfield, County of Munroe and State of Michigan do hereby by this my last Will and Testament ordain, bequeath and dispose of my property and effects in the following manner viz: I wish my personal property to be disposed firstly to pay my debts. I hereby order that the following donation be made from my personal property as soon as it can be conveniently done without sacrifice a sum which I hereby will and bequeath to the Missionary Society of the Methodist Episcopal Church formed in the City of New York in the year 1819, the sum of $200.00 for the purposes of the Said Society. The residue of my property wherever situated I do hereby will and bequeath to my Wife and to any Heirs or Heirs of hers she may hereafter have by me to be equally divided between them and should she not have any Heirs by me I do hereby bequeath the whole to her, Jane Ann Miller, my wife whom I do hereby nominate, constitute and appoint my Executrix to this my last Will and Testament revoking all others. In witness whereof I have hereunto set my hand and Seal Oct. 5th 1839 William O. Miller S.S. Sealed, Signed, Published and declared by the Testator William Otis Miller as for his last Will and Testament in presence of us who have subscribed our names thereunto in the presence of the said Testator Azel Hooker Oliver T. Rose Walter Reynolds Continued State of New York Chautauqua County} Endorsement of Probate Be it remembered that at a Surrogate Court held at the Town of Westfield and County of Chautauqua Sept 29th 1840 before Austin Smith, Surrogate of said County, the said Last Will and Testament of Mr. O. Miller Late of said County deceased, a copy of which is hereto annexed was admitted to probate after a Citation to the Heirs and next of kin to the said Deceased viz: Polly Miller, Elijah Miller, Esther Kip, Wife of Benjamin H. Kip of Chautauqua Co., Joseph A. Miller of Wayne Co., Elijah Miller Guardian of James M. Kip of Chautauqua Co. and Nancy M. Fletcher, wife of Stoughton Fletcher of Indianapolis, State of Indiana issued, served, returned and filed according as Law: Whereupon at the day and place aforesaid on the Testimony of Azel Hooker, Oliver T. Rose and Walter Reynolds the subscribing Witnesses to the said Will which Testimony was taken in writing and is duly filed and recorded I the said Surrogate being satisfied of the genuineness and validity of the said Will do order that the same be admitted to probate and be recorded as a Will of Real and Personal Estate and that Letters Testamentary thereon be granted to Jane Ann Miller Executrix in the said Will named on her taking and subscribing the oath of Office as proscribed by Law. In witness whereof I have hereunto set my hand and official Seal Sept 29th1840 Austin Smith Surrogate Continued Letters Testamentary The People of the State of New York, by the Grace of God, free and independent, To all to whom thus present shall come, Greetings. Know you that at the Village of Westfield County of Chautauqua Sept 29th 1840 before Austin Smith Surrogate of said County, the last Will and Testament of William O. Miller, late of said County, deceased, a copy of which is hereunto annexed was proved and is now proved and allowed by us and the said deceased having while living and at the time of his death goods chattels and credits within this State by means whereof the proving and registering of the said Will and granting administration of all and singular the Goods chattels and credits and also the auditing allowing and final discharging the account thereof doth belong to us the administration of all and singular the goods chattels and credits of the said deceased and any way convey his Will is granted unto Jane Ann Miller Executrix in the said Will named and She having first taken and subscribed an oath before the said Surrogate faithfully and honestly to discharge the duties of such Executrix hereby requiring you the said Jane Ann Miller to make or cause to have a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to your hands, possession or knowledge as also to make or cause to be made a duplicate of such inventory and cause the same to be signed by the ( ) and the same so made and signed that you make thereof to the Surrogate of said County within 3 months from the date hereof. Witness my hand and Official Seal at Westfield Sept 29th 1840 Austin Smith Surrogate