WILL: Adam Miller; Yates, Orleans co., NY
surname: Miller

submitted by Evelyn B. Cooper (ebcooper @ juno.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.
***********************************************************************
Transcribed from SAMPUBCO copy by Evelyn B. Cooper
Orleans Co NY Will Book vol. 27 page 309

310
I Adam Miller of the Town of Yates, County of Orleans and State of New York,
being of sound mind and memory, do make, ordain, publish and declare this to
be my last Will and Testament, that is to say:

First: After all my lawful debts are paid and discharged, I give, devise and
bequeath unto my beloved wife Emily A. Miller the one fourth part of all my
real and personal estate, the same to be in lieu of dower.

Second: I give bequeath and devise unto my children Ann Miller, Edgar D.
Miller and Edwin F. Miller the remaining three fourths of my real and personal
estate to be divided equally among them.

Likewise, I make, constitute and appoint Edgar D. Miller to be executor of
this my last Will and Testament, hereby revoking all former Wills by me made.

In Witness Thereof: I have hereunto subscribed my name and affixed my seal the
2nd of February in the year of our Lord one thousand eight hundred and seventy
five.
Adam Miller. L.S.

The above instrument consisting of one sheet, was at the date thereof
subscribed by Adam Miller in the presence of us and each of us, be at the time
of making such subscription, acknowledged that he made the same and declared
the said instrument so subscribed by him to be his last Will and Testament.
Whereupon we then and there, at his request, and in his presence and the
presence of each other, subscribed our names as witnesses thereto.
Stanley E. Filkins, residing at Medina, Orleans Co. N.Y.
Thomas A. Burke, residing at Medina, Orleans Co. N.Y.
***

SURROGATE'S COURT
In the Matter of Proving The Last Will and Testament of
Adam Miller, Deceased
ORLEANS COUNTY, ss
Stanley E. Filkins and Thomas A Burke being first duly sworn, in open Court,
upon their several corporal oaths, each for himself __________ doth depose and
say that he _____ is a subscribing witness to the last Will and Testament
__________of Adam Miller, late of the town of Yates in the County of Orleans
and State of New York, deceased. And these deponents do further say, that the
said deceased did, in the presence of each of these deponents, subscribe his
name at the end of the instrument in writing, which is now here shown to these
deponents, and which purports to be the last Will and Testament __________of
the said deceased, and which ___ bears date on the 2nd day of February one
thousand eight hundred and seventy five.

That the said deceased did, at the time of subscribing his name to the said
instrument as aforesaid, declare the same to be his last Will and Testament
__________and these deponents did thereupon subscribe their own respective
names at the end of said instrument ____ as attesting witnesses to the
execution thereof, each at the request of the said deceased and in his
presence and in the presence of each other. That the said deceased at the time
of so subscribing his name to said instrument ____ as aforesaid, and
publishing said instrument ____ as aforesaid, was upwards of twenty-one years
of age; that ____ he appeared to be, and deponents believe ____ he was of
sound mind, memory and understanding and not under any restraint, and, as
deponents verily believe, in all respects competent to devise real estate;
that each of these deponents saw the other sign his name to said instrument
_____ in the presence of the said deceased.

Subscribed and sworn to before me, this } Thomas A Burke 
25 day of September, 1899 Stanley E. Filkins
W. Crawford Ramsdale, Surrogate
AT A SURROGATE'S COURT, held at the Surrogate's Office in Albion, in and for
the County of Orleans, on the ______ day of ________, 189 .
PRESENT, HON. W. CRAWFORD RAMSDALE, Surrogate
In the Matter of the Appointment of Appraisers of
The Estate of }
_______________________________________
Deceased
Upon the Application of the Executor of the Estate of said Deceased:
Ordered, that _________________ and _________________, residents of said
County, two disinterested persons, be, and they are hereby appointed
Appraisers of the personal property of the said deceased, to estimate and
appraise the same, on their taking and subscribing the oath required by
law.
__________________________________
Clerk of the Surrogate's Court
***
309
AT A SURROGATE'S COURT, held at the Surrogate's Office, in Albion, in and for
the county of Orleans, on the 25th day of September, 1899.
Present, Hon. W. Crawford Ramsdale, Surrogate
In the Matter of Proving the Will of }
Adam Miller, deceased
Satisfactory proof by affidavit having been made and filed of the due service
of the citation heretofore issued in this matter, requiring the proper persons
to appear in this Court on the 7th day of August A.D. 1899, at ten o'clock in
the forenoon, and attend the Probate of the last Will and Testament of Adam
Miller, late of the Town of _________ in the County of Orleans and State of
New York, deceased, and Edgar D. Miller the executor named ___ in person & by
E. B. Seviords his attorney having appeared in support of the proof of the
said last Will and Testament and no one else appearing and the matter having
been duly adjourned to this day. ___________and after hearing the proofs and
allegations of the said party so appearing and duly deliberating thereon:

It is ORDERED, ADJUDGED AND DECREED that the said last Will and Testament
______ was duly executed; that the same is genuine and valid, and that the
said deceased, at the time of executing the same, was in all respects
competent to make a last Will and Testament ________ and to devise real
estate, and was not under any restraint, and that the said last Will and
Testament _______ be admitted to Probate, and that the same be and hereby is
established as a Will ______ of real and personal estate. And this Court doth
further Order and Decree that the said last Will and Testament ________ be
recorded on the pages of this book immediately following. And the Probate of
the same being not contested, it is further Ordered and Decreed that the
proofs and examinations taken in respect to the same be _______ recorded. And
on reading and filing the oath of Edgar D. Miller, the executor named in said
Will, it is Ordered that Letters Testamentary issue to him pursuant to the
Statute.
W. Crawford Ramsdale, Surrogate