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Last Will and Testament of Zack T. Miller

Bill Weston paid $25 for the following Xerox copy of purported Will of Zack T. Miller.


                          LAST WILL AND TESTAMENT OF ZACK T. MILLER.

I, ZACK T. MILLER, otherwise known as ZACHARY T. MILLER, of Kay County, Oklahoma, being of full age, sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will and Codicils by me at any time made.
I hereby declare that, at the date of the execution of this instrument, I am a widower, and that my family consist of my daughter, VIRGINIA MILLER, who is now twenty-four years of age, my son ZACK T. MILLER, JR., who is now ten years of age, and my daughter, BLEVINS MILLER, who is now six even years of age.
ARTICLE I: (a.) I hereby direct that all my just debts, including the expense of my last illness, my funeral expenses, and the—Testator’s Signature Zack Miller date Mar 23, 1932 expense of administration of my estate, be paid by me Executor as soon as practicable after my death.
(b.) Upon my death, I direct that my remains be turned over to F. A. COCKE, of Napachez, Mississippi, to be by him taken to the nearest crematory and reduced to ashes which are to be retained by him until the next Labor Day following my death, and then taken by him to Cowboy Hill in Kay County, Oklahoma, and placed in a cannon and fired towards the West. It is my wish that no sorrow or grief be displayed at my departure from this earth, but instead that such ceremony as may be held be conducted on Labor Day following my death and that a sum of money up to TWO HUNDRED FIFTY DOLLARS ($250.00) be spent to give a feast to the Ponca Indians and their guests, in accordance with their wishes, at which two buffalo shall be served and such other food as they wish; said feast to be served to them at sundown on the day of said ceremony. I desire further that the annual rodeo and cowboy contest be held on the same day and that no part of the celebration be eliminated on account of my death. I further request that, in inviting my friends to the ceremony on Labor Day, it be suggested that no flowers be furnished. My wish is that W. H. McFADDEN, of New Orleans, be in charge of the ceremony, and that ED SMITH, a Ponca Indian, who has been my life long friend, shall be in charge of the Indian ceremony. In the event the Indians desire to hold a special Indian service, I authorize my Executor to appropriate the sum of TWO HUNDRED FIFTY ($250.00) for this purpose, to be spent by LOUIS McDONALD for said feast and for the expense of said ceremony, the same to be held the first full moon in August following my death.
(c.) It is my wish that F. A. Cocke heretofore mentioned be allowed to expend a sum of money not to exceed $10,000.000 (TEN THOUSAND DOLLARS) for the building of a monument. The said monument to be built, if agreeable, to the Old Cowpunchers Association, on the five acres of ground donated by me for their use and benefit and after they have abandoned same to go to my son, ZACK T. MILLER, during his life time and at his death to be given to the STATE OF OKLAHOMA for any purpose that they might choose to use the same and that on the said monument the following inscription is to be placed:

                                   To the memory of George W. Miller and his Wife
                                          Molly Miller, founders of the 101 Ranch
giving the date of their deaths and adding thereto the following words: And to Miller Brothers, Joseph C., Zack T., and George L, giving the date of their death. This monument is to be built under the supervision of F. A. Cocke as soon as my estate is in financial condition to pay for the same.
At the time of writing this instrument the affairs of the Miller Brothers are in a very complicated condition and in the hands of a Receivership. It is my wish that unless the said affairs can be settled in a manner that is satisfactory to my Trustees that the entire amount of my Insurance Trust and such other property as I may be possessed of shall be used to purchase the entire assets of the said 101 Ranch at a sum not to exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) and that my Trustees shall vigorously enforce a suit against the Exchange National Bank for illegally instituting foreclosure proceedings after making an agreement to withhold same and there is at this time a suit pending on appeal against Tom Mix in which the Western Show Company now has a judgment of $90,000.00 NINETY THOUSAND DOLLARS and that the said judgment has been assigned to secure to me the payment of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) in notes now owed to me by the said Western Show Company and that the records of the said show company will show this transaction and that C. T. Berryman and Fred C. Olmstead can be called as witnesses thereto. And that if it’s impossible to arrange a compromise in which this Estate gains absolutely clear title to all of the property of the MILLER BROTHERS 101 RANCH the Trustees of the Trust and Executors of this Will are authorized to invest the entire amount to the care and keeping of the New York Life Insurance Company providing, however, that the same shall produce a revenue of not less than TWENTY THOUSAND DOLLARS ($20,000.00) per year.
To S. L. Zimmerman I leave the sum of FIVE HUNDRED DOLLARS ($500.00) and to a houseboy now employed, by the name of HARLEY I leave the sum of ONE HUNDRED DOLLARS ($100.00) and to an Indian boy named EAGLE EYE, now residing in Washington D. C., I leave the sum of TWO HUNDRED FIFTY DOLLARS ($250.00) to be invested in any kind of merchandise that he may desire for future sale. I further devise that the said Executors shall be guided largely in their transactions regarding oil leases by Frank Phillips of Bartlesville, Oklahoma, and that my old friend F. A. Cocke shall not be removed as Executor without special charges being filed against him and proven. That if he is removed for dishonesty or disloyalty to this Trust, the removal can only be made by a Board of arbitration or through a Court proceedings and that if said F. A. Cocke should die during this Trust I appoint Harry Cragin of Ponca City to act in his place and serve as far as the said Harry Cragin shall so desire and receive the same compensation as mentioned for F. A. Cocke. The provisions were that F. A. Cocke is to receive 5% of the net proceeds of the said operations shall apply only after the bequests in this instrument have been paid as well as taxes, etc. And that the said monthly allowance and the said Cocke’s salary shall first be deducted before paying him the 5% additional of the net profit.

ARTICLE II: I hereby direct that all estate, inheritance and other succession taxes and all duties, transfer charges and expenses which may be levied upon or incurred in connection with any annuities, bequests, legacies or devises contained in this my Will shall be paid out of the corpus of my estate by my Executor.
ARTICLE III: (a) Except as hereinafter provided, I give, devise and bequeath to my children, share and share alike, to be selected and allotted to each, and in such equal manner as my Executor may elect, all my household furniture, furnishings, ornaments, books, pictures, consumable stores and all other articles of a household nature; also all jewelry and ornaments worn by me during my lifetime and all other articles of personal use.
(b) I hereby give, devise and bequeath the following personal property to the persons named:
1. To the HISTORICAL SOCIETY OF THE SATE OF OKLAHOMA I give my buffalo saddle and such relics not otherwise disposed of herein as will be acceptable to them and selected by my daughter, VIRGINIA MILLER:
2. To my son, ZACK T. MILLER, JR., I give my watch, which is in the safe deposit box in Tulsa, but the same is to be held by the Trustees who administer my insurance trust as hereinafter provided, until the said ZACK TO MILLER, JR., is twenty-five years of age.
3. To GEORGE F. JORDAN I owe one note for ONE HUNDRED FIFTEEN DOLLARS ($115.00) with interest from date and to whom I give my opal pin, but the said Frank Phillips has a large pearl—Testator’s Signature Zack T. Miller date March 23 1932 belonging to me which I leave to my daughter, VIRGINIA MILLER:
4. To BAILY CARSON I give all my shirts, one suit of clothes and one overcoat (not the buffalo coat that belonged to my brother George):
5. To MARTHA M. SMITH, of Jacksonville, Florida, I give the sum of FIVE HUNDRED DOLLARS ($500.00) in order that she may establish a candy store where she desires, and to partially pay her for the slanderous allegation made against her by Margaret Blevins Miller.
ARTICLE IV: If any beneficiary of my estate, or any heir, shall contest my Will, then I cancel and annul any gift or bequest made to such beneficiary or heir, and he or she shall receive nothing from my estate.

ARTICLE V. I have under date of August 22, 1930, created a life insurance trust agreement naming THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, a national banking association, as Trustee, and since that date have executed a supplemental agreement of even date herewith amending and changing said insurance trust agreement of August 22, 1930. By the terms of said insurance trust agreement as amended by the supplemental agreement, I have provided for the collection of certain insurance policies on my life and for the receipt of other money property and estate, to be administered for the benefit of my children and others named in said life insurance trust agreement, and I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, of whatsoever kind, nature or description and wheresoever situate and located, unto said THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, its successor or successors as aforesaid, as Trustee, and to FRANK PHILLIPS, C. T. BERRYMAN AND F. A. COCKE of NATCHEZ, MISSISSIPPI, as Co-Trustees if they shall accept the appointment as such, to be held, managed and disposed of in the manner provided in said life insurance trust agreement; that—TESTATOR’S SIGNATURE ZACK MILLER DATE Mar 23 1932 is to say, such portion of my estate as is given, devised and bequeathed under this Article shall be held and administered in exactly the same manner as if such assets were the proceeds of insurance policies under said life insurance trust agreement and supplement thereto.
ARTICLE VI: I hereby nominate and appoint said THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, or THE ALBRIGHT TITLE AND TRUST COMPANY OF NEWKIRK, OKLAHOMA, executors of this my Last Will and Testament, and I hereby expressly authorize and empower my Executor, if it should so elect, to continue to operate during the probate administration of my estate, any business operation or enterprise in which I may be interested at the time of death, insofar as such operation shall by my Executors be deemed practicable, feasible or for the best interests of my estate; and I also authorize my Executors to collect the income, to sell and contract for sale upon such terms as to my Executors shall seem proper transfer, convey or lease for any purpose whatsoever, whether for the payment of debts, family allowance, costs, charges and expense of administration, purpose of distribution, or otherwise; to take the profit from an appreciated value, to prevent depreciation of value; to remove an unprofitable or burdensome asses from my estate; to improve other property of the estate, or otherwise, and in its sole discretion may seem for the best interests of my estate at public sale, with due notice, and upon such terms and conditions as to it may seem just and after securing previous order of Court therefor, all such sales or conveyances being subject to confirmation of the court having jurisdiction of the settlement of my estate, as provided by law. I also give my Executors full power and authority to settle or compound any claim, either in favor of or against my estate, as to my said Executors shall seem best, and for the purposes aforesaid, to execute and deliver all proper and necessary conveyances and to give full receipts and discharges.
ARTICLE VII: The compensation of my Executors shall be—Testator’s Signature Zack Miller Date Mar 23 1932 the sum of TWENTY DOLLARS ($20.00) for each meeting and that the said meeting shall be at a place to be agreed upon by the three of them and the compensation for Phillips and Berryman shall be TWENTY DOLLARS ($20.00) in gold at each meeting and that the compensation for F. A. Cocke is covered under his annual salary in connection with the handling of my estate.
The compensation of THE FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, or its successor, as Trustee under the terms of the trust herein created, for its services performed under such Trusteeship, shall be the same as those provided in said Life Insurance trust agreement dated August 22, 1930.
It is also my desire that any litigation for or against me or my Estate or said Trust if transferred from the County Court of Kay County, Oklahoma, should said litigation during the terms of either Judge Berger or Judge Duval, as I am at this time firmly convinced that they are both prejudiced against me and are influenced by one NEAL SULLIVAN, who at this time is attorney for Fred Clarke, present Receiver of the Ranch and that all legal means be exhausted before trying a case before either of these Judges, to have the same transferred to any other Judge in the State of Oklahoma and that it is my desire that the probation of this Will shall be under other than the two Judges named.

It is my belief, at this time, that the EXCHANGE NATIONAL BANK is not a sound institution and that the Estate of George L. Miller is in their hands for final distribution and I believe that Margaret Miller, the daughter of George L. be treated the same and have the same benefits from my Estate up to the amount of each of my three children should the said EXCHANGE NATIONAL BANK AND TRUST COMPANY dissipate the Estate of George L. Miller or go into liquidation. From this bequest, however, shall be deducted any amount that the said Margaret Miller shall receive from the George L. Miller Estate.
To Joseph C. Miller, jr. and George W. Miller, Jr. I leave the sum of FIVE DOLLARS ($5.00) each to be paid to them in gold money. It is my belief that at some future time the oil—Testator’s Signature Zack Miller Date Mar 23 1932 revenues under this land will amount to millions of dollars and whenever one half of the net revenue from all receipts from this land the monthly allowance specified herein may be paid out accordingly but at no time shall any amount more than the monthly allowance be paid until such time as there shall be a reserve equal to the monthly allowance and salaries as specified herein be earned.
It is my wish that F. A. Cocke and Alma Miller England arrange to immediately on the securing of good title to the 101 Ranch property to place the White House and all other buildings in good condition and paint the same and that all bequests to my children are cancelled unless they reside or make their permanent home on property now owned by the 101 Ranch and should such property not be acquired by the Trustees for any reason then that a suitable home shall be built for them in the City of San Antonio in the State of Texas.
It is further understood that should the Mother of ZACK MILLER AND BLEVINS be adjudged insane and placed in any hospital that the said F. A. Cocke is authorized to expend the sum not to exceed FORTY DOLLARS ($40.00) per month for such things as may be necessary for her comfort. It being my belief, at this time, that she is of unsound mind. It is further ordered that should she not be placed in a hospital that the sums bequested to these two children be reduced one half should she reside within three hundred (300) miles of their home; and that the care, custody and education of these children shall be at all times under the guidance and direction of Virginia Miller.
In the event any Company or person herein named as Executor should be dissatisfied with the compensation herein provided or decline to act or should either resign or death occur or one of the corporations herein specified liquidate or otherwise quite business or fall into the hands of the Receiver, the remaining Trustees are hereby empowered to select a successor.
The compensation of THE FIRST NATIONAL BANK AND TRUST COMPANY provided in the Trust Agreement for itself and its successors, in trust, under the term of the Trust therein and thereby created shall be its compensation for such services performed under such trusteeship and shall be the same and for the additional services provided hereunder shall be not to exceed the actual expense incurred in addition to that provided for in the Trust.
—Testator’s Signature Zack Miller Date Mar 23-1932
IN WITNESS WHEREOF I, ZACK T. MILLER, hereunto set my hand this 23rd day of March, 1932, as my last Will and Testament consisting of eight (8) signed pages.
        ZACK T. MILLER      

The above Will was signed on all eight pages by Zack T. Miller and by him declared in our presence to be his last Will and Testament and at his request and in his presence and in the presence of each other we, as witnesses, subscribed to the same.
        Chas Knal                                                P. O. Perry, Okla.
        Jerry Hueston                                           P. O. Perry Oklahoma
SF $20.--
                                              Eight Pages All signed by Z. T. M.
[Am not certain of Witness Names. Could not really discern what was hand written in line below signatures of witnesses. MAW]


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