WILL: Asa Miles; Sodus, Wayne co., NY surname: Miles submitted by Kerry Patrick (kapatrick @ consolidated.net) ************************************************************************ 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.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Kerry Patrick Wayne Co NY Will Book Vol. L1 page 111 Wayne County Surrogate Court In the matter of proving the last Will and testament of Asa Miles late of the town of Sodus in the County of Wayne, deceased Be it remembered that heretofore; to wit, on the 13th day of October in the year one thousand eight hundred and sixty six, Thomas Miles, executor named in the last will and testament of Asa Miles, late of the town of Sodus in the said county of Wayne, deceased, appeared in open court before the Surrogate of the said county of Wayne and made application to have the said last will and testament which relates to real and personal estate proved. And on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said testator and their respective residences, and, some of them appearing to be minors, the said Surrogate did thereupon issue a citation in due form of law directed to the said heirs and next of kin by their respective names, stating their respective places of residence, requiring them to appear before the said Surrogate at his office in Lyons in said county on the 14th day of January, then next to attend the probate of the said will and testament. And afterwards; to wit, on the 14th day of January, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the service of the said citation in the mode prescribed by law and on that day the applicant appeared and further proceedings were duly adjourned till the 16th day of February 1867. And on the said 16th day February 1867 said applicant appeared and I. H. Camp? was appointed special guardian for the minors mentioned in the petition in these proceedings for the sole purpose of appearing and taking care of their interests in the proof of said will, and said special guardian appearing and no one appearing to oppose the probate of said will, such proceedings were thereupon afterwards had, that the said Surrogate took the proof of said will hereinafter set forth upon the said 16th day of February in the year one thousand eight hundred and sixty seven and the said Surrogate being satisfied upon the said proofs taken that the said will is genuine and valid and was duly executed and that the said testator at the time of executing the same was in all respects competent to devise real estate and not under restraint did adjudge the said will to be a valid will of real and personal estate and the proof thereof to be sufficient and did allow the said will proofs and examinations to be recorded which said proofs and last will and testament are as follows that is to say. Proofs County of Wayne SS: Benjamin S. Cahoon of the town of Huron in the County of Wayne being duly sworn and examined before G. W. Cowles, Surrogate of the said County of Wayne deposeth and saith that he was well acquainted with Asa Miles in his life time and was present and saw the said Asa Miles subscribe his name at the end of the instrument in writing now produced and shown to this deponent bearing date the 16th day of October 1859 purporting to be the last will and testament of the said Asa Miles deceased. That the said Asa Miles at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and James L. Short to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and James L. Short in obedience to said request accordingly subscribed their names as witnesses at the end of said instrument in presence of the said Asa Miles and of each other. This deponent further saith that the said Asa Miles at the time he so executed the said will was a citizen of the United States, an inhabitant of the County of Wayne, of full age, of sound disposing mind and memory, in all respects competent to devise real estate and not under any restraint. And that said will now appears in all respects as when so executed without any alteration, obliteration, or erasure whatsoever. Sworn this 16th day of February Benjamin S. Cahoon 1867 before me G. W. Cowles, Surrogate County of Wayne ss: James L. Short of the town of Huron in the County of Wayne being duly sworn and examined before G. W. Cowles, Surrogate of the said County of Wayne deposeth and saith that he was well acquainted with Asa Miles in his life time and was present and saw the said Asa Miles subscribe his name at the end of the instrument in writing now produced and shown to this deponent, bearing date the 16th day of October 1859 purporting to be the last will and testament of the said Asa Miles deceased. That the said Asa Miles at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and Benjamin S. Cahoon to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and Benjamin S. Cahoon in obedience to said request accordingly subscribed their names as witnesses at the end of said instrument in presence of Asa Miles and of each other. This deponent further saith that the said Asa Miles at the time he so executed the said will was a citizen of the United States, an inhabitant of the County of Wayne, of full age, of sound disposing mind and memory, in all respects competent to devise real estate and not under any restraint. And that said will now appears in all respects as when so executed without any alteration, obliteration, or erasure whatsoever. Sworn this 16th day of February James L. Short 1867 before me G. W. Cowles, Surrogate Will In the name of God Amen! I Asa Miles of Huron in the County of Wayne and State of New York of the age of sixty-five years being in ill health but of sound and disposing mind and memory and understanding and calling to mind the frailty and uncertainty of human life and being desirous of settling my worldly affairs and directing how my estate shall be disposed of after my decease while I have strength and capacity so to do, do make, publish, and declare this my last will and testament hereby revoking and making null and void all other last wills and testaments by me heretofore made. And first I commend my immortal being to him who gave it; and as to worldly estate and all the property real, personal or mixed of which I may die seized or possessed, I devise, bequeath and dispose thereof in the following manner, viz. I give and devise all my real estate of what nature or kind soever situate in the said town of Huron, County of Wayne, and State of New York, being the farm upon which I now reside, to my beloved wife Clarissa to be used and enjoyed by her during the time of her natural life and from and immediately after her decease, I give, devise, and bequeath the same to my son Thomas Miles together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining to have and to hold the premises above described unto the said Thomas Miles, his heirs and assigns forever. Provided nevertheless that if my said wife Clarissa and my said son Thomas Miles shall deem it expedient and shall each of them mutually desire to sell and convey the said premises then and in such case they are hereby authorized and empowered to sell and dispose of the same at public or private sale. At such time and upon such terms and in such manner as to them shall seem meet and proper. Second. I give and bequeath to my daughter Dolly Miles the sum of fifty dollars and to my daughter Melissa Miles the like sum of fifty dollars which said two legacies are to be paid to them at the pleasure and convenience of my executrix herein and after named at some time during the time of her life most convenient for for her. Third. I give and bequeath to my said wife Clarissa all my personal estate of whatever name, kind or nature the same may be, wherever the same may be, excepting that she must pay all my just debts and funeral expenses and the two above mentioned legacies therefrom and the rest and residue to be hers absolutely forever. Fourth and lastly. I do hereby constitute and appoint my said wife Clarissa Miles sole executrix of this my last will and testament. In witness whereof I have hereunto set my hand and seal the 16th day of October one thousand eight hundred and fifty nine. Asa Miles Seal The above instrument wrote upon both sides of one half of this one sheet of paper was at the date thereof signed and sealed, published, and declared by the said Asa Miles as and for his last will and testament in presence of us who in his presence and in the presence of each other and at his request have subscribed our names thereto as attesting witnesses. Benjamin S. Cahoon, Huron, Wayne County of NY James L. Short, Sodus, Wayne County, NY County of Wayne ss: Recorded the preceding last will and testament of Asa Miles deceased as a will of real and personal estate together with the proof taken in the court of the Surrogate of Wayne County in citation to said will which record is hereby signed and certified by me pursuant to the ____Statutes of this state this 16th day of February one thousand eight hundred and sixty seven. G. W. Cowles, Surrogate