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Will of Miles Morton

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Will of Miles Morton

Posted: 957182400000
Classification: Will
Edited: 1127937995000
Surnames: MORTON, NIVER
The following is the Will of Miles Morton. He married Ordelia Niver. They never had any children but raised the son and daughter of his brother Horace Morton. Thanks to Ken Chapman who retrieved this from the Tompkins County Courthouse.

Will Book W; pages 386-389

At the Surrogate Court, held in and for the County of Tompkins, at the office of the Surrogate of the said County, in the city of Ithaca, on the 31st day of Oct. in the year 1898 Present, Bradford Alemy Surrogate. In the Matter of Proving the last Will and Testament of Miles Morton Deceased. An Instrument, purporting to be the last Will and Testament of Miles Morton bearing date the 18th day of Oct. in the year 1890, was produced in court, and shown to each of the persons sworn as witnesses, as hereinafter mentioned.

William W Hare of the town of Groton in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above-mentioned Miles Morton deceased, in his lifetime; that he saw the said Miles Morton deceased, subscribe, at the end thereof, the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Miles Morton and above described; that he heard the said Miles Morton declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said testator that the said testator was at the time, in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that he was about 56 years of age; that he died on or about the 1st day of Sept in the year 1898 and was a resident of the town of Groton in the county of Tompkins at the time of his death. W. W. Hare
Sworn, examined and subscribed before me this 31st day of October 1898 Bradford Alemy Surrogate.

David L. Bradley of the town of Groton in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above-mentioned Miles Morton deceased, in his lifetime; that he saw the said Miles Morton deceased, subscribe, at the end thereof, the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Miles Morton and above described; that he heard the said Miles Morton declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said testator that the said testator was at the time, in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that he was about 56 years of age; that he died on or about the 1st day of Sept in the year 1898 and was a resident of the town of Groton in the county of Tompkins at the time of his death. Daniel L Bradley
Sworn, examined and subscribed before me this 31st day of October 1898 Bradford Alemy Surrogate.

Said last WILL AND TESTAMENT is in the words and figures following, to-wit:
Last Will and Testament
I, Miles Morton of Groton Tompkins County, N. Y., do make, ordain, publish and declare this my last Will and Testament, in manner and form following, that is to say:
First - I direct the payment of my just debts, if any and my funeral expenses.
Second - I give devise and bequeath all my property of every kind and description both real and personal to my wife Ordelia Morton to have and hold the same for her own use benefit
Likewise, I make, constitiute and appoint my said wife Ordelia Morton to be executrix of this my last Will and Testament, hereby revoking all former Wills by me made.
In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the 18th day of October in the year of our Lord on thousand eight hundred and ninety
Miles Morton L. S.

The above-written instrument was subscribed by the said Miles Morton in our presence and acknowledged by him to each of us: and he at the same time declared the above instrument, so subscribed, to be his last Will and Testament: and we, at his request and in his presence, and in the presence of each other, do here sign as witnesses thereto.
William W Hare Groton Tompkins Co N. Y.
Daniel L Bradley Groton Tompkins Co N.Y.

In the Same Matter: On the 31st day of October 1898

Satisfactory proof by affidavit having been made and filed of the due service of the Citation heretofore issued in his matter, requiring the proper persons to appear in this Court on the 31st day of Oct., A. D., 1898, at 10 oÂ’clock in the forenoon, and attend the Probate of the Last Will and Testament of Miles Morton late of the town of Groton in the County of Tompkins, and State of New York, deceased and Dana Rhodes Esq. having appeared in support of the probate of the said Last Will and Testament, no one contesting said probate, and after hearing the proofs and allegations of the said petitioner and duly deliberating thereon; It is Adjudged and Decreed, that the said Last Will and Testament was duly executed; that the same is genuine and valid; and that the said Miles Morton deceased. was at the time of executing the same, in all respects competent to make a Last Will and Testament, and to devise Real Estate, and was not under any restraint. And this Court doth further Order and Decree, that the said Last Will and Testament and the proofs and examinations taken in respect to the same be recorded, and that the said Last Will and Testament be admitted to Probate, and that the same be and hereby is established as a Will relating to Real and Personal Estate.
Bradford Alemy Surrogate

Tompkins County, ss.:
I do hereby certify that the foregoing is a true record of the original Last Will and Testament of Miles Morton late of the town of Groton Tompkins County, N. Y., deceased, and of the original proofs relating thereto. Dated, Ithaca, N. Y., this 31st day of October 1898.
Eugene Terry Clerk of SurrogateÂ’s Court.

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