WILL: Alexander Millar; Lewiston, Niagara, New York

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Source: sampubco.com
Niagara co NY Will Book Vol. 1 page 50
Written: 27 Jan 1823
Probated: 23 Oct 1828

Transcribed from SAMPUBCO photocopy by anonymous 
Surnames: Millar, Oliphant, Watson, McLin, Hersey

The Last Will and Testament of Alexander Millar of Lewiston, County of
Niagara and State of New York.

I, Alexander Millar considering the uncertainty of this mortal life and
being of sound mind and memory (blessed be Almighty God for the same) do
make and publish this my last will and testament, in manner and form
following that is to say

First = I give and devise unto my son John Millar and his heirs the
south half part of lot number twelve, situate lying and being in the
town of Lewiston, County of Niagara and state aforesaid, being part of
the unappropriated lands lying along the east side of the Niagara River,
the other half whereof I have consigned to my said son by deed bearing
date the third day of January instant this devise is made however upon
this condition to wit, that my said son John or his heirs or
representatives shall pay to my daughter Jane Millar or her heirs
lawfully begotten three hundred dollars in six equal yearly instalments
with interest thereon payable yearly with each instalment the first of
the said instalments with the interest thereon shall be paid within six
months after my decease.   

Secondly = I give and devise unto my son William Millar and his heirs lot
number ten, situate lying and being in the town of Lewiston, County and state
aforesaid being part of a tract of land distinguished as unappropriated lands
lying along the east side of the Niagara river being eighty rods wide on the
river and the same width for the space of one mile east or back from the
river.  

Thirdly = I give and devise unto my son Alexander Millar and his heirs the
north half part of lot number sixteen, situate lying and being in the town of
Lewiston, county and state aforesaid, being part of the tract of land before
described the other half of which lot I have consign to my said son Alexander
by deed bearing date the third day of January instant - this devise is made
upon said condition, that is to say, that my said son Alexander or his heirs
or representatives shall pay to my daughter Jane Millar or her heirs lawfully
begotten three hundred dollars in six equal annual instalments with interest
thereon - the first of the said instalments with interest on the same to be
paid within six months after my decease.  

Fourthly = I give and devise unto my son David Millar and his heirs the south
half part of lot number four, situate lying and being in the town of Porter,
county and state aforesaid being part of the same tract before described the
other half of which said lot number four I have consigned to my said son David
Millar by deed bearing date the third day of January instant this devise is
however upon this condition, to wit, that my said son David or his legal
representatives shall pay to my daughter Jane Millar or her heirs lawfully
begotten, three hundred dollars in six equal annual instalments with  interest
thereon, the first of the said annual instalments with interest on the same is
to be paid within six months after my decease.  

Fifthly = I give and devise unto my son Frederick Millar and his heirs lot
number seventeen situate lying and being in the town of Lewiston in the county
and state aforesaid being part of the tract of land before described as lying
along the east side of the Niagara River and the homestead or farm whereon I
now reside, this devise is upon this condition viz that my said son Frederick
or his lawful representatives shall pay to my daughter Betsy or her heirs
lawfully begotten nine hundred dollars with interest after my said son
Frederick shall attain the age of twenty one years if I am not then living;
but if I should survive until after he arrives to the age aforesaid, then the
said sum of nine hundred dollars shall be paid as aforesaid with interest
after he (Frederick) shall come to the possession of the said lot or farm with
the appurtenances hereby lastly divided further, in case of my decease before
my said son Frederick shall attain the age of twenty one years, then the
guardians of my said son Frederick and daughter Betsy herein after appointed
shall out of the rents and profits of the said lot or farm hereby devised to
my said son Frederick pay to my said daughter Betsy or pay for her support at
the discretion of the said guardians one hundred dollars each year until my
said son Frederick shall come to the age aforesaid after which period the
provisions as to the payment of the aforesaid sum of nine hundred dollars and
interest thereon as above mentioned shall take effect.  In case of the death
of myself and also of the death of my said son Frederick without lawful heirs
or issue, then and in that case my will is that out of the proceeds of the
said lot seventeen with the [illegible] thereon unto belonging then shall be
paid to my said daughter Betsy or her heirs lawfully begotten by the said
Guardians or executors herein after appointed the aforesaid sum of nine
hundred dollars at the time and in such portions as the said guardians or
executors shall think best for her or their interest and benefit - and the
remainder after the payment of the said sum of nine hundred dollars and
interest shall go to and be divided among all my children or their several
heirs in equal portions share and share alike the heirs of each being entitled
to the deceased parents portion which apportionment and divide shall be made
by my said executors.  In case of the death of my said daughter Betsy before
she shall arrive at the age of twenty one years or without lawful issue at any
age, then my will is that the whole sum that she would have been entitled to
had she survived or her heirs if any she had died, shall be divided by my said
executors unto as many shares as here shall be remaining brothers and sisters
(my said son Frederick included) or the heirs of any of them and one share
paid to each brother or sister or heirs of either of the parents be not being
living in such manner as that my said son Frederick shall not have to pay any
sooner than he would have had to do if my said daughter Betsy had survived. 
In case my said son Frederick shall neglect or refuse for the space of three
years after my decease (he being of full age) to comply with this condition on
which the devise to him hath herein before been made then and in such case my
will is that the said devise shall go for nothing and be void, further, that
my executors shall out of the proceeds of the premises so intended to be
devised to my said son Frederick pay to my said daughter Betsy or her lawful
heirs the same sum and in the same manner as my said son Frederick was
directed to pay it the rest and residue thereof my said executors shall
apportion, divide and pay among all my children and their heirs in like manner
as above directed in similar cases.  

Sixthly = I give and devise to my daughter Jennett Millar and her heirs
lawfully begotten the north half part of lot number twenty six situate lying
and being in the town of Lewiston, county and state aforesaid being part of
the tract of land aforesaid lying along the east side of the Niagara river.  

Seventhly = I give and devise unto my daughter Lilly Millar the other or south
half part of the last mentioned lot of land number twenty six and to the heirs
of her being lawfully begotten.  

Eighthly = I give and bequeath unto my daughter Jane Millar and her heirs
lawfully begotten nine hundred dollars to be paid by my said sons John,
Alexander and David or by my said executors in case of the death of any of
them at such times and in such manner as it herein provided.  Ninthly = I give
and bequeath to my said daughter Betsy the sum of nine hundred dollars to be
paid by my said son Frederick, or by my said executors at such times and in
such manner as is herein provided over and above, and in addition to any sum
or sums she may receive from her guardians as herein before provided. In case
of the death of either or all of my said sons John, Alexander and David before
my decease and without lawful issue or in case they or any of them shall
survive but neglect or refuse for the space of three years after my decease to
comply with and fulfil the condition on which the devise to each is herein
before made, then and in such case my will is that out of the lot or premises
so as aforesaid given and devised to him or them so dying neglecting or
refusing the said sum of three hundred dollars so by each payable so shall
first be paid by my said executors to my said daughter Jane or her lawful
issue and the residue I give and devise to all my children or their heirs in
equal portions to the heirs of each of any the parents portions.  In case my
said daughter Jane shall die without lawful issue and before she shall have
received the full amount of the several sums I have herein before directed to
be paid to her then and in such case my will is that any sums to which she
would have been entitled had she survived shall (if no lawful issue be left by
her) be divided by my executors equally among my surviving children and heirs
of the deceased, if any (my said sons John Alexander and David included) to
the heirs of each of the parents portions - the said shares shall be paid in
such manner as that my said sons John Alexander and David shall not be obliged
to pay sooner or in any way different from what they would have had to do if
my said daughter Jane had survived.  I hereby further order and direct my
executors herein after appointed to pay all my honest and lawful debts out of
my personal estate also to allow and pay to Margaret the daughter of Jane or
to Jane the mother of Margaret two hundred dollars out of my personal estate
at such times and in such sums as my said executors may deem most advantageous
to the said Margaret and as to all the rest, residue and remainder of my
personal estate Goods Chattels and Credits whatsoever including all I possess
in America as well as a sum of money or amount of other property expected to
come to me or my heirs from or  through my step mother Magdalen Oliphant wife
of John Watson formerly wife of John Millar resident in Scotland and the
United Kingdom of Great Britain and Ireland. I order and direct my said
executors to divide equally apportion and pay the same to my said sons and
daughters and their lawful issue to the issue of the parents portion.  The
nine hundred dollars hereinbefore directed to be paid by my said son Frederick
to my daughter Betsy is to be paid in nine annual instalments with interest
thereon the first of the said instalments and interest to be paid within one
year after my decease or after my said son Frederick shall come to the
enjoyment of the premises hereby devised unto him.  I hereby commit the
guardianship of my son Frederick and daughter Betsy until they shall
respectively attain the age of twenty one years unto my son William Millar or
in case of his death during the minority of either Frederick or Betsy then I
commit the guardianship to my son Alexander Millar.  The expenses of the
maintenance of my said son Frederick and daughter Betsy shall until they
attain the age aforesaid be bourn by the guardian out of the rents and profits
of the premises above described devised to my said son Frederick.  I hereby
appoint Joshua Fairbanks and Bates Cooke both of the Village of Lewiston,
county and state aforesaid jointly and severally executors of this my last
will and testament, herby revoking all former wills by me made.  In witness
whereof I have hereunto set my hand and seal the twenty seventh day of January
in the year of our Lord one thousand eight hundred and twenty three.

Alex. Millar  [seal?]

Signed sealed published and declared by the above named Alexander Millar to be
his last will and testament in the presence of us who have hereunto 
subscribed our names as witnesses in the presence of the Testator

     Solomon Hersey

     Gideon Hersey

     Samuel McLin

 

The people of the State of New York by the grace of God free and independent
to all to whom these presents shall com or may concern

                             Greeting

          Know ye that at this town of Lewiston in the county of Niagara
on the twenty third day of October annodomini 1828 before William Smith
Esquire Surrogate of the county aforesaid, the last will and testament
of Alexander Millar deceased (a copy whereof is hereunto annexed) was
provided and is now approved and allowed of by us and the said deceased
having whilst he lived and at the time of his death goods chattels and
credits within this state, by means whereof the proving and registering
the said will and the granting administration of all and singular the
said Goods, Chattels and Credits, and also the auditing allowing and
final discharging the account thereof doth belong unto us.  The
administration of all and singular the Goods, Chattels and Credits of
the said deceased and any way concerning the will is granted unto Joshua
Fairbanks and Bates Cooke Executors in the said will named, they being
first duly sworn will and faithfully to administer the same, and to make
and exhibit a true and perfect inventory of all and singular the said
Goods, Chattels and Credits and also to render a just and true account
thereof when thereunto required.  In testimony whereof we have caused
the seal of office of our said surrogate to be hereunto affixed.  

          Witness, Willard Smith Esquire surrogate of the said county of
the town of Lewiston aforesaid the twenty third day of October in the
year of our Lord one thousand eight hundred and twenty eight and of our
Independence the fifty third.

                                      Willard Smith, Surrogate   

          Niagara County [??]  Be it [?remembered?] that on the twenty
third day of October in the year of our Lord one thousand eight hundred
and twenty eight, personally appeared before me, Willard Smith Esquire
surrogate of the county of Niagara, Samuel McLin, who being duly sworn
did depose and say that he, the deponent, saw Alexander Millar late of
the county of Niagara deceased sign and seal the written instrument
therein shown unto him of which the foregoing is a true copy purporting
to be the last will and testament of the said Alexander Millar deceased,
bearing date the twenty seventh day of January in the year of our Lord
one thousand eight hundred and twenty three.  That at the time thereof
the said Alexander Millar was of a sound disposing mind and memory to
the best of the knowledge and belief of him the deponent and that he,
the deponent and Soloman Hersey and Gidion Hersey subscribed their names
as witness to the said will in the presence of each other and in the
presence of the testator.

                                      Willard Smith Surrogate