The following is the Will of Aurelia Root of Milan, Monroe County, Michigan --
widow of Webster Root of Carlton, Orleans, New York -- recorded in Orleans
Transcribed from SAMPUBCO copy by Douglas J. Murphy
Orleans County, New York Will Book Vol. 7, page 127
Surnames: CLARK, ROOT, MEAD (legatee, but unknown relation), PHILLIPS (legatee, but unknown relation)
Last Will and Testament of
[signature] Aurelia A. Root
Be it Remembered, That heretofore, to-wit: on the twenty-second day of May in the year of our Lord one thousand eight hundred and sixty-nine, William Clark, Executor named in the Last Will and Testament of Aurelia A. Root late of the town of Milan in the County of Monroe, Michigan deceased, appeared in open Court, before the Surrogate of the County of Orleans, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testatrix and their respective residences -
And said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the village of Albion, in said County, on the seventh day of June A.D. 1869, to attend the Probate of said Will, and upon said 7th day of June 1869, A. M. Warner was duly appointed Special Guardian of Elmer V. Root, Nancy A. Root and Aristeen J. Root minor heirs at law of said deceased for the purpose of appearing for said minors upon the Probate of said Will -
And afterwards, to-wit, on the seventh day of June A.D. 1869, satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will, such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this seventh day of June A.D. 1869, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are as follows, that is to say:
I, Aurelia A. Root of Milan, Monroe County and State of Michigan being of sound mind and memory and considering the uncertainty of life, do therefore make, ordain, publish, and delare this to be my last Will and Testament - that is to say,
First: After all my lawful debts are paid and discharged the residue of my Estate both real and personal I give and bequest to my three children, viz: Elmer V. Root, Nancy A. Root, and Aristeen J. Root to be divided equally between them share and share alike after the youngest (Aristeen J. Root) shall arrive at the age of twenty-one, unless she shall marry previous to that time. It is my will and desire that all my three children above named shall jointly use and occupy my said Estate during the time above stated. Provided then shall be paid out of my personal Estate within two years of my decease fifty dollars to Ann J. Phillips wife of Arthur Phillips of Milan, Monroe County and State of Michigan and fifty dollars to Cleantha R Mead wife of Alonzo Mead of the same place.
I hereby constitute and appoint William Clark of Carlton, Orleans County and State of New York to be Executor of this my last will and testament hereby revoking all former wills by me made and I also constitute and appoint Alonzo Clark of the same place to be Guardian to all three of my above named Children.
In witness whereof I have hereunto
Subscribed my name and affixed
My seal this 26th day of March A.D. 1869
[signature] Aurelia A. Root [notary mark] L.S.
The above written instrument was subscribed by Aurelia A. Root in our presence and acknowledged by her to each of us and she at the same time published and declared the above instrument so subscribed to be her last Will and Testament and and [sic] we at the Testator's request and in her presence have signed our names as witnesses herein to and written opposite our names our respective places of residence.
Harmon Allen of Milan Monroe Co Mich
John Cove " " " " "
Nathan Phillips " " " " "
In the matter of Proving the Last Will and Testament
Aurelia A. Root
Orleans County, ss.:
Nathan Phillips and John C. Cove being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Aurelia A. Root late of the town of Milan in the County of Monroe and State of Michigan deceased. And these deponents do further say, that the said Aurelia A. Root deceased, did, in the presence of said deponents, subscribe her name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the twenty-sixth day of March one thousand eight hundred and sixty-nine.
That the said deceased did, at the time of subscribing her name to the said instrument as aforesaid, declare the same to be her last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the deceased, and in her presence and in the presence of each other: That the said deceased, at the time of subscribing her name to said instrument aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States: that She appeared to be, and deponents believed She was, of sound mind, and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate: that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased. That Harmon Allen the other witness to said Will resides at Milan, Michigan and is now absent out of this State and that the signature to said will as witness is in the handwriting of said Allen and that Deponents saw him sign the same as such witness-
John C. Cove
Subscribed and sworn to me this 7th day of June A.D. 1869
Jno. G. Sawyer
Orleans County, ss.:
I, appearing upon the proofs duly taken in respect, to the Last Will and Testament of Aurelia A. Root late of the town of Milan in the County of Monroe and State of Michigan deceased, that the said Will was duly executed, and that the said Aurelia A. Root at the time she executed the same, was in all respects competent to devise real estate, and not under restraint, the said Last Will and Testament and the proofs and examinations are hereby recorded, signed, and certified by me, pursuant to the provisions of the Revised Statutes, this seventh day of June A.D. 1869.
[Signature] Jno. G. Sawyer, Surrogate
Submitted by: Doug Murphy 23 Nov 2003