{"id":1098,"date":"2011-04-01T20:18:57","date_gmt":"2011-04-02T01:18:57","guid":{"rendered":"https:\/\/e-gen.info\/?page_id=1098"},"modified":"2013-05-11T14:38:53","modified_gmt":"2013-05-11T19:38:53","slug":"last-will-testament-of-joseph-miller-iii-1860","status":"publish","type":"page","link":"https:\/\/e-gen.info\/?page_id=1098","title":{"rendered":"Last Will &#038; Testament of Joseph Miller III (1860)"},"content":{"rendered":"<p><strong>I Joseph Miller<\/strong> of Quemahoning Township Somerset County and State of\u00a0Pennsylvania do make and publish this my last Will and Testament hereby\u00a0revoking and making void all former wills by me made at any time heretofore.<\/p>\n<p>And first I order and direct that my body be decently interred, and as to my\u00a0worldly estate I dispose of the same as follows,<\/p>\n<p>First I direct that all my just debts if any remain unpaid at my death and my\u00a0funeral expenses be paid by my executors out of the first money that shall\u00a0come to their hands.<\/p>\n<p>Also I devise and bequeath to my beloved wife, if she\u00a0should survive me, her choice of one cow, &amp; two beds, one tin plate stove, six\u00a0chairs, one dresser, all our Kitchen furniture, one woman&#8217;s saddle, and forty\u00a0dollars per year during her life, payable in semi-yearly payments to be paid\u00a0her by my executors. Also I reserve for her use the two rooms in the house\u00a0which she and I now occupy the one being down stairs and the other up.<\/p>\n<p>Also I devise and bequeath to my son<strong> Jacob<\/strong> and to his heirs and assigns\u00a0forever, the tract of land on which he now resides, containing one hundred\u00a0and sixty acres, which was surveyed off of my present home place out of\u00a0which he shall pay the sum of fifteen hundred dollars, part of which he has\u00a0however paid me for which he holds my receipts, any of the balance that he\u00a0may not pay before my decease he shall pay immediately thereafter.<\/p>\n<p>Also I devise and bequeath to my son<strong> Valentine<\/strong> and to his heirs and assigns\u00a0forever, the tract of land upon which he and I now reside, containing one\u00a0hundred and sixty one acres out of which he shall pay the sum of Twenty\u00a0hundred and fifty dollars to my executors in payments of three hundred dollars\u00a0per year to be distributed by them as I shall hereafter direct, but if my wife\u00a0survives me then my said son<strong> Valentine<\/strong> shall have the use of said tract\u00a0named to him during her life for the yearly rent of sixty dollars, and furnish\u00a0pasture and feed for her cow during the same time. And at my wife&#8217;s decease,\u00a0commence the yearly payments of three hundred dollars, as I have before\u00a0directed, out of said farm.<\/p>\n<p>Also I devise and bequeath to my son<strong> Noah<\/strong> and to his heirs and assigns\u00a0forever the tract of land on which he now resides containing two hundred and\u00a0eight acres out of which he shall pay the sum of Twenty hundred and fifty\u00a0dollars in payments of two hundred dollars per year, but if my wife should\u00a0survive me then he shall pay to my executors the yearly rent of forty five\u00a0dollars, and at her death commence the payments of two hundred dollars\u00a0yearly as I have already directed, out of the rents so to be paid, by my sons\u00a0<strong>Valentine and Noah<\/strong> I desire my executors to pay the sums of money\u00a0bequeathed to my wife.<\/p>\n<p>Also I desire and direct my executors to collect all moneys due at my death\u00a0and sell all my personal property not herein specifically devised &amp; bequeathed\u00a0and collect all payments or rents as the case may be according to my desire\u00a0and directions as they become due, and distribute and equally divide the\u00a0same to and among my son<strong> Samuel<\/strong> (who however has already received from\u00a0me the sum of Eight hundred dollars which shall be deducted out of his\u00a0portion) and daughter<strong> Elizabeth<\/strong> married to<strong> Isaac Dibert, Susanna<\/strong> married to\u00a0<strong>Joseph Farner, Sally<\/strong> married to<strong> Abraham Dibert, Rose Ann<\/strong> married to<strong> Wm <\/strong><strong>Hoover, Nancy<\/strong> married to<strong> Anthony Ling<\/strong> and their heirs, and to the children\u00a0of my deceased daughter<strong> Mary<\/strong> who was married to<strong> Michael Spangler<\/strong> one\u00a0equal share, which is not to be paid to them until all of my children who are\u00a0not living have been paid as I herein direct in full.<\/p>\n<p>And further my will and desire is that my executors make deeds to my several\u00a0sons for the tracts of land which I have bequeath to them as soon as each of\u00a0them will have paid the full sum as named to be paid by them out of the same.<\/p>\n<p>And further I order and direct by executors to distribute one a year all the\u00a0moneys that come to their hands among my children as named and in the\u00a0manner directed. And further my desire is that my executors charge no\u00a0Interest on any book account, notes or bonds that I may have against my\u00a0children at the time of my death but all such accounts, notes or bonds shall\u00a0stand as just and correct &amp; be paid by them as such as to their principal.<\/p>\n<p>And further my will and desire is that my executors settle up my estate, and fully\u00a0carry out my will and desires without charge for the same, except so far as it\u00a0may be necessary for Orphans&#8217; Court charges. And further I order and direct\u00a0my executors to procure Tomb Stones suitable to our circumstances in life &amp;\u00a0have them placed to our graves, the expense of which to be paid out of\u00a0money that may come to their hands &amp; paid as before directed as funeral\u00a0expenses.<\/p>\n<p>And lastly I hereby constitute and appoint my sons<strong> Samuel Miller <\/strong><strong>and Jacob Miller the<\/strong> executors of this my last Will and Testament. In witness\u00a0whereof, I the testator, have to this my last will, written five pages, set my\u00a0hand and seal this fifth day of January, one thousand eight hundred and fifty\u00a0five.<\/p>\n<p>Joseph Miller (seal)<\/p>\n<p>Signed, sealed and delivered in the presence of us, who have subscribed as\u00a0Witnesses, in the presence of each other and the testator, and at his request.<\/p>\n<p>N,B. The sum to be paid by<strong> Valentine<\/strong> was changed from nineteen hundred to\u00a0twenty, the same in the sum to be paid by<strong> Noah,<\/strong> the sum received by<strong> Samuel <\/strong>changed from seven to eight, which was done by request of the testator\u00a0before signing.<\/p>\n<p><strong>George A. Clark <\/strong><\/p>\n<p><strong>Jacob Miller of A.<\/strong><\/p>\n<p>Somerset County SS\u00a0Personally came before me,<strong> R.R. Marshall<\/strong> Register for the probate of Wills\u00a0and granting Letters of Administration in and for said County,<strong> Jacob A. Miller <\/strong>who being duly sworn according to law saith that he was present and saw and\u00a0heard<strong> Joseph Miller<\/strong> the testator, sign, seal, publish, pronounce and declare\u00a0the foregoing instrument of writing as and for his last Will and Testament and\u00a0that at the time of so doing he was of sound mind, memory and understanding\u00a0to the best of his knowledge and belief, and that<strong> G. A. Clark<\/strong> signed the same\u00a0in his presence.<\/p>\n<p>Sworn &amp; subscribed before me July 23, 1860, Somerset County SS<strong> R. R. <\/strong><strong>Marshall<\/strong> Register<\/p>\n<p>Joseph A. Miller<\/p>\n<p>On the 23rd day of July A.D. 1860, Before me<strong> R.R. Marshall<\/strong> Register for the\u00a0probate of Wills &amp; granting Letters of Administration in and for said County\u00a0personally came and<strong> Wm H. Picking<\/strong> who being duly qualified according to\u00a0law do depose and say that they were well acquainted with<strong> George A. Clark <\/strong>the subscribing witness to the foregoing will, that they are acquainted with his\u00a0had writing having frequently seen him write, And that from their knowledge of\u00a0his hand writing they firmly believe the signature to the foregoing Will of\u00a0<strong>Joseph Miller<\/strong> is in the had writing of the said<strong> George A. Clark,<\/strong> and to the\u00a0best of their knowledge the said<strong> Geo. A. Clark<\/strong> resides out of the jurisdiction\u00a0of this State.<\/p>\n<p>Affd &amp; Subscribed 23rd July 1860 Before me<\/p>\n<p><strong>Samuel W. Pearson <\/strong><\/p>\n<p><strong>Wm H. Picking<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>I Joseph Miller of Quemahoning Township Somerset County and State of\u00a0Pennsylvania do make and publish this my last Will and Testament hereby\u00a0revoking and making void all former wills by me made at any time heretofore. And first I order and &hellip; <a href=\"https:\/\/e-gen.info\/?page_id=1098\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":39,"menu_order":2,"comment_status":"open","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1098","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/pages\/1098","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/e-gen.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1098"}],"version-history":[{"count":2,"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/pages\/1098\/revisions"}],"predecessor-version":[{"id":4822,"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/pages\/1098\/revisions\/4822"}],"up":[{"embeddable":true,"href":"https:\/\/e-gen.info\/index.php?rest_route=\/wp\/v2\/pages\/39"}],"wp:attachment":[{"href":"https:\/\/e-gen.info\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1098"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}