I wonder if I could impose upon experienced Rensselaer County researchers to tell me if wording in a will I have come across was common legal language at the time. Background: Charles H. Miller was married to Lucinda Felton. In 1864, Lucinda's wealthy brother, Amory Felton, died. In 1866 she bought a house at 109 Fourth Street in Troy. The house was purchased in her own name,, which I am assuming was unusual at the time, and I also assume she purchased it with an inheritance from her brother. Lucinda died in 1871. Her will was prepared on her deathbed, and it said, in part: "I give and devise unto my beloved husband Charles H. Miller the dwelling house and lot situated in Troy aforesaid known as number 109 Fourth Street ... for and during his natural life and from and after his death I give and devise the same to my sons S. Felton Miller and Charles A. Miller, share and share alike as tenants in common, provided however and the above described life estate herein devised to my said husband Charles H. Miller is hereby made subject to the express condition that my said sons ... shall at all times during the continuance of said life estate be permitted to occupy said house and premises in common with my said husband ... without any hindrance whatever from my said husband or any person claiming under or through him. And in case such use and occupation by my said sons shall be in any manner prevented or interfered with by my said husband then and in that case it is my will that the said above mentioned life estate of my said husband in said premises shall thereupon cease and terminate and the said premises go at once to my said sons in fee as tenants in common." My question for those experienced reading wills of the period is: Did Lucinda think there was a chance her husband would throw out his sons, or was this fairly standard language at the time? Bob Miller Chicago

Bob, Not a lawyer here, but other than the provisions regarding the possible interference of her husband with her sons sharing the house jointly with him during his lifetime, the remainder of the language is fairly common with what I've seen elsewhere. Perhaps she was covering all bases with the potential for her husband to marry again after her death and not wish to have his second wife forced to share the home with her step-sons. She was certainly looking after the welfare of her sons. That one provision I've never run across before. Regards Jim Groat ------------------ [email protected] wrote: > > I wonder if I could impose upon experienced Rensselaer County researchers to > tell me if wording in a will I have come across was common legal language at > the time. > > Background: Charles H. Miller was married to Lucinda Felton. In 1864, > Lucinda's wealthy brother, Amory Felton, died. In 1866 she bought a house at > 109 Fourth Street in Troy. The house was purchased in her own name,, which I > am assuming was unusual at the time, and I also assume she purchased it with an > inheritance from her brother. > > Lucinda died in 1871. Her will was prepared on her deathbed, and it said, > in part: > > "I give and devise unto my beloved husband Charles H. Miller the dwelling > house and lot situated in Troy aforesaid known as number 109 Fourth Street ... > for and during his natural life and from and after his death I give and devise > the same to my sons S. Felton Miller and Charles A. Miller, share and share > alike as tenants in common, provided however and the above described life estate > herein devised to my said husband Charles H. Miller is hereby made subject to > the express condition that my said sons ... shall at all times during the > continuance of said life estate be permitted to occupy said house and premises in > common with my said husband ... without any hindrance whatever from my said > husband or any person claiming under or through him. And in case such use and > occupation by my said sons shall be in any manner prevented or interfered with > by my said husband then and in that case it is my will that the said above > mentioned life estate of my said husband in said premises shall thereupon cease > and terminate and the said premises go at once to my said sons in fee as > tenants in common." > > My question for those experienced reading wills of the period is: Did > Lucinda think there was a chance her husband would throw out his sons, or was this > fairly standard language at the time? > > Bob Miller > Chicago > > ==== NYRENSSE Mailing List ==== > ***Join a mailing list with 24-7 ROLL CALLS*** > Rootsweb's first totally Irish Roll Calls mailing list... > http://lists.rootsweb.com/index/intl/IRL/IRELAND-ROLL-CALLS.html

Dear Bob Miller, Surely you have heard all of the fairy tales in which one of the characters in the story was the "wicked step-mother"? There is a factual basis in human experience for that stereo type. At first blush, I would venture to say that at the very least Lucinda was worried about protecting her sons from what might happen if Charlie married a second time and produced children by his second wife. Charlie might also have had other problems of his own which would have lead Lucinda fear that Charlie might dissipate the assets of her estate; thereby, leaving her sons without an inheritance. The scrivener, who wrote the will of Lucinda Felton Miller, drafted well crafted and sound life estate provision. Any time you find such well crafted and comprehensive provisions in a testamentary instrument, you can be your bottom dollar that there were recognizable problems in the family. (That is not to say that a testator who publishes a "garden variety" testamentary instrument does not have problems in his/her family.) One sees testamentary instruments like Lucinda Felton Miller's will from time to time, but such wills are not in the majority. Please note that I have never done a statistical annalysis of the wills probated in Rensselear or any other county. My comments are made from my perspective of being an attorney, who was admitted to practice in the Commonwealth of Pennsylvania in 1972, and having been engaged in historical research in primary legal documents since 1965. Very truly yours, Leslie Potter Glen Mills, PA [email protected] wrote: >I wonder if I could impose upon experienced Rensselaer County researchers to >tell me if wording in a will I have come across was common legal language at >the time. > >Background: Charles H. Miller was married to Lucinda Felton. In 1864, >Lucinda's wealthy brother, Amory Felton, died. In 1866 she bought a house at >109 Fourth Street in Troy. The house was purchased in her own name,, which I >am assuming was unusual at the time, and I also assume she purchased it with an >inheritance from her brother. > >Lucinda died in 1871. Her will was prepared on her deathbed, and it said, >in part: > >"I give and devise unto my beloved husband Charles H. Miller the dwelling >house and lot situated in Troy aforesaid known as number 109 Fourth Street ... >for and during his natural life and from and after his death I give and devise >the same to my sons S. Felton Miller and Charles A. Miller, share and share >alike as tenants in common, provided however and the above described life estate >herein devised to my said husband Charles H. Miller is hereby made subject to >the express condition that my said sons ... shall at all times during the >continuance of said life estate be permitted to occupy said house and premises in >common with my said husband ... without any hindrance whatever from my said >husband or any person claiming under or through him. And in case such use and >occupation by my said sons shall be in any manner prevented or interfered with >by my said husband then and in that case it is my will that the said above >mentioned life estate of my said husband in said premises shall thereupon cease >and terminate and the said premises go at once to my said sons in fee as >tenants in common." > >My question for those experienced reading wills of the period is: Did >Lucinda think there was a chance her husband would throw out his sons, or was this >fairly standard language at the time? > >Bob Miller >Chicago > > >==== NYRENSSE Mailing List ==== >***Join a mailing list with 24-7 ROLL CALLS*** >Rootsweb's first totally Irish Roll Calls mailing list... >http://lists.rootsweb.com/index/intl/IRL/IRELAND-ROLL-CALLS.html > > >