Last Will & Testament of Joseph Miller III (1860)

I Joseph Miller of Quemahoning Township Somerset County and State of Pennsylvania do make and publish this my last Will and Testament hereby revoking and making void all former wills by me made at any time heretofore.

And first I order and direct that my body be decently interred, and as to my worldly estate I dispose of the same as follows,

First I direct that all my just debts if any remain unpaid at my death and my funeral expenses be paid by my executors out of the first money that shall come to their hands.

Also I devise and bequeath to my beloved wife, if she should survive me, her choice of one cow, & two beds, one tin plate stove, six chairs, one dresser, all our Kitchen furniture, one woman’s saddle, and forty dollars per year during her life, payable in semi-yearly payments to be paid her by my executors. Also I reserve for her use the two rooms in the house which she and I now occupy the one being down stairs and the other up.

Also I devise and bequeath to my son Jacob and to his heirs and assigns forever, the tract of land on which he now resides, containing one hundred and sixty acres, which was surveyed off of my present home place out of which he shall pay the sum of fifteen hundred dollars, part of which he has however paid me for which he holds my receipts, any of the balance that he may not pay before my decease he shall pay immediately thereafter.

Also I devise and bequeath to my son Valentine and to his heirs and assigns forever, the tract of land upon which he and I now reside, containing one hundred and sixty one acres out of which he shall pay the sum of Twenty hundred and fifty dollars to my executors in payments of three hundred dollars per year to be distributed by them as I shall hereafter direct, but if my wife survives me then my said son Valentine shall have the use of said tract named to him during her life for the yearly rent of sixty dollars, and furnish pasture and feed for her cow during the same time. And at my wife’s decease, commence the yearly payments of three hundred dollars, as I have before directed, out of said farm.

Also I devise and bequeath to my son Noah and to his heirs and assigns forever the tract of land on which he now resides containing two hundred and eight acres out of which he shall pay the sum of Twenty hundred and fifty dollars in payments of two hundred dollars per year, but if my wife should survive me then he shall pay to my executors the yearly rent of forty five dollars, and at her death commence the payments of two hundred dollars yearly as I have already directed, out of the rents so to be paid, by my sons Valentine and Noah I desire my executors to pay the sums of money bequeathed to my wife.

Also I desire and direct my executors to collect all moneys due at my death and sell all my personal property not herein specifically devised & bequeathed and collect all payments or rents as the case may be according to my desire and directions as they become due, and distribute and equally divide the same to and among my son Samuel (who however has already received from me the sum of Eight hundred dollars which shall be deducted out of his portion) and daughter Elizabeth married to Isaac Dibert, Susanna married to Joseph Farner, Sally married to Abraham Dibert, Rose Ann married to Wm Hoover, Nancy married to Anthony Ling and their heirs, and to the children of my deceased daughter Mary who was married to Michael Spangler one equal share, which is not to be paid to them until all of my children who are not living have been paid as I herein direct in full.

And further my will and desire is that my executors make deeds to my several sons for the tracts of land which I have bequeath to them as soon as each of them will have paid the full sum as named to be paid by them out of the same.

And further I order and direct by executors to distribute one a year all the moneys that come to their hands among my children as named and in the manner directed. And further my desire is that my executors charge no Interest on any book account, notes or bonds that I may have against my children at the time of my death but all such accounts, notes or bonds shall stand as just and correct & be paid by them as such as to their principal.

And further my will and desire is that my executors settle up my estate, and fully carry out my will and desires without charge for the same, except so far as it may be necessary for Orphans’ Court charges. And further I order and direct my executors to procure Tomb Stones suitable to our circumstances in life & have them placed to our graves, the expense of which to be paid out of money that may come to their hands & paid as before directed as funeral expenses.

And lastly I hereby constitute and appoint my sons Samuel Miller and Jacob Miller the executors of this my last Will and Testament. In witness whereof, I the testator, have to this my last will, written five pages, set my hand and seal this fifth day of January, one thousand eight hundred and fifty five.

Joseph Miller (seal)

Signed, sealed and delivered in the presence of us, who have subscribed as Witnesses, in the presence of each other and the testator, and at his request.

N,B. The sum to be paid by Valentine was changed from nineteen hundred to twenty, the same in the sum to be paid by Noah, the sum received by Samuel changed from seven to eight, which was done by request of the testator before signing.

George A. Clark

Jacob Miller of A.

Somerset County SS Personally came before me, R.R. Marshall Register for the probate of Wills and granting Letters of Administration in and for said County, Jacob A. Miller who being duly sworn according to law saith that he was present and saw and heard Joseph Miller the testator, sign, seal, publish, pronounce and declare the foregoing instrument of writing as and for his last Will and Testament and that at the time of so doing he was of sound mind, memory and understanding to the best of his knowledge and belief, and that G. A. Clark signed the same in his presence.

Sworn & subscribed before me July 23, 1860, Somerset County SS R. R. Marshall Register

Joseph A. Miller

On the 23rd day of July A.D. 1860, Before me R.R. Marshall Register for the probate of Wills & granting Letters of Administration in and for said County personally came and Wm H. Picking who being duly qualified according to law do depose and say that they were well acquainted with George A. Clark the subscribing witness to the foregoing will, that they are acquainted with his had writing having frequently seen him write, And that from their knowledge of his hand writing they firmly believe the signature to the foregoing Will of Joseph Miller is in the had writing of the said George A. Clark, and to the best of their knowledge the said Geo. A. Clark resides out of the jurisdiction of this State.

Affd & Subscribed 23rd July 1860 Before me

Samuel W. Pearson

Wm H. Picking

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