The State of Ohio} Be it remembered that heretofore, towit; on the 9^th Clark County,ss: } day of November, A.D. eighteen hundred and seventy eight, the last Will and Testament of Daniel Miller, late of said Clark County, Ohio, deceased, was presented for probate – said last Will and Testament is in the words and figures following, towit:

------In the name of God, the Father of all, Amen:

I, Daniel Miller, of German Township, Clark County, Ohio, do hereby make and publish this my last Will and Testament:

Item First - I will, give, devise, and bequeath unto my beloved wife, Elizabeth, all the real estate and all personal property (and all property of whatever kind) of which I may die possessed, for and during the term of her natural life; hereby devising and bequeathing unto my said wife all my real estate; and all household good, provisions, moneys, and all personal or other property which I may leave at the time of my decease, during her natural life, for her sole use and enjoyment. From and out of said property, which I may leave at my death, it is my intention and will that she shall have a liberal support during her old age. In case, however, she should marry after my decease, it is my will that she shall not have the control, in any way, of or over any of my said property, whether real or personal, but the same shall then, upon her remarriage, fall and become (and ever remain thereafter) under the sole care, management and control of my Executors hereinafter named, or their successors, but, in such case, it is my will, and I hereby direct my said Executors to duly & regularly furnish and provide my said beloved wife a liberal support & maintenance as long as she may live, out of my said property as long as it shall last. In case of such marriage, her husband is to have no control over any of my property, nor any part or share in any allowance & provision given her by my Executors, who, in such case, are to provide for & give her what would suffice for her support if single & not married. Except in the case mentioned of my wife’s remarrying, she is to have the sole control & enjoyment of my said property during her life.

Item Second - After my death, and the death of my said wife, in case she shall survive me, it is my will & I hereby direct, that my property shall then be equally divided among all my children & their representatives (excluding however, my daughter, Delilah, wife of Amos James) share and share alike, it being my intention and will that the heirs & representatives

of my two deceased daughters (& those of any future deceased child) shall represent and receive the share & portion of such deceased daughter or child. I leave no share nor portion to my said daughter Delilah James, only because that, in my estimation, I have already, in my lifetime, given to my said daughter, or, Amos James, her husband, more than would be coming to her upon an equal division of my property after my decease. However, it is my will, that in no event is my said daughter, Delilah, to inherit any part of my estate.

Item Third - I do hereby nominate and appoint my two sons, Benjamin R. Miller and John T. Miller, executor of this my last will and testament.

Item Fourth - I desire and direct that an appraisement of my personal property be made after my death, and, in case of my said wife surviving me, another & second appraisement after her decease.

- In witness whereof, I have hereunto set my hand and seal, this 23^rd day of October, A.D. 1867--------Daniel Miller (Seal)

- Signed, sealed and acknowledged by said Daniel Miller, as, & for his last Will and testament in the presence of us, who in his presence, and in the presence of each other, and at his request, have subscribed our names as witnesses.

----Jas. S. Torbert, Edw. R. Torbert, A.O. Songstreet testimony of Edw. R. Torbert, one of the witnesses, to said Will was taken in open Court, reduced to writing, and filed herein said testimony is in the words and figures following, towit:

The State of Ohio, Clark County, ss: Probate Court, Personally appeared in open Court Edw. R. Torbert, one of the subscribing witnesses to the last Will and Testament of Daniel Miller, deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will, deposes and says that the paper before him purporting to be the last Will and Testament of Daniel Miller, now deceased, is the Will of said deceased; that he was present at the execution of said Will at the request of the testator, subscribed his name to the same as witness in his presence, and that he saw the said Daniel Miller, deceased, sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; that the said Daniel Miller, at the time of making, signing and sealing said will, was of legal age, and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever; that Jas. S. Torbert, one of the subscrib-

ing witnesses to said Will is now dead; that affiant is well acquainted with his handwriting & signature, and that the signature appended to said Will is the genuine signature of said Jas. S. Torbert.

Edw. R. Torbert

---- Sworn to and subscribed in open Court this 9^th day of November A.D. 1878. JOHN C. Miller, Probate Judge.

----- And now here on the day and in the year last aforesaid, the testimony of A. O. Songstreet, subscribing witness to said

Will was taken in open Court, reduced to writing and filed herein.

---- Said testimony is in the words and figures following towit:

---- The State of Ohio, Clark County, ss: Probate Court. Personally appeared in open Court A.O. Songstreet one of the subscribing witnesses to the last Will and Testament of Daniel Miller, deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will, deposes and says that the paper before him, purporting to be the last Will and Testament of Daniel Miller, now deceased, is the will of said deceased; that he was present at the execution of said will, at the request of the testator, subscribed his name to the same as witness in his presence, and that he saw the said Daniel Miller, deceased, sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; that the said Daniel Miller at the time of making, signing and sealing said Will, was of legal age, and sound and disposing mind and memory, and under no undue or unlawful restraint whatsoever, so far as affiant knew or observed.

----------------A. O. Songstreet

---- Sworn to and subscribed in open Court this 9^th day of November A. D. 1878. John C. Miller, Probate judge.

---- And now here on the day and in the year last aforesaid, the judge of said Court made and entered upon the journal thereof, the following entry and order herein, towit.

---- Daniel Miller, deceased.

---- The last Will and Testament of Daniel Miller, late of Clark Co., Ohio, deceased, having been on the 9^th day of November, A.D. 1878, presented for Probate, thereupon said Will was duly proven by the oath of Edw. R. Tolbert and A. O. Songtree, subscribing witnesses thereto, Jas. S. Torbert, another subscribing witness being shown to be deceased, who were duly sworn and examined, in open Court and their testimony was reduced to writing, and filed by order of the Court, and it appearing to the Court from the testimony of said witnesses that said Will was duly sworn? and?

executed, and that the Testator at the time of executing the same was of full age, and of sound mind and memory, and not under any restraint; it is now here ordered, that said Will be admitted to Probate and filed, and that the same, together with the testimony herein, so taken and reduced to writing as aforesaid, be recorded.

John C. Miller, Judge of Probate

Information provided by David G Miller
12 Jan 2003

MILLER