To the Surrogate of the County of Orleans
The petition of William Root and Henry Root both of Barre Orleans County respectfully show that Joseph Root died at his residence in the town of Barre on the 22d day of August last being at his death in ???????? of said town and county and having both real and personal property ?????? therein
That the said Joseph Root left the instrument herewith proposed as his last will and testament and therein appointed your petitioners Executors thereof.
That said Joseph Root left ??? ?????? Fanny Root, his widow, William Root and Henry Root (your petitioners), Clarissa Weld wife of Andrew Weld of the town of Yates in said county, Allura Root of said town of Barre, Malvina Heacock of the town of Clarendon, Wellington Heacock of Barre aforesaid, Chester Root of Barre, Harriet Jane Root of Barre, Ypsilanti Root of Barre (children of Levi Root deceased) –who are all the children heirs at of low of said Joseph Root known to your petitioners.
That said Chester Root, Harriet Jane Root and Ypsilanti Root and Malvina Wellington Heacock are minors under twenty one years of age: that Wm McAllister of said town of Barre in the general guardian of said Chester Root and that the other minors have no general guardians.
Your petitioners therefore pray the necessary steps may be taken to have said will admitted to probate record as a will relating to real and personal estate is dated Sept 18 1846.
Signed by Wm Root
William Root and Henry Root being duly sworn each for here self pray that the several facts set forth in the foregoing petition are true according to the best of their knowledge and belief.
Signed by Wm Root and Henry Root
Sworn and subscribed before me this 18 day of Sept 1846
THE PEOPLE OF THE STATE OF NEW YORK
Fanny Root widow and Clarrissa Weld wife of Andrew Weld of the town of Yates Malvina Hecock of the town of Clarkson Monroe Co Allura Root of the town of Barre William McAllister general guardian of Chester Root Sanford E Church Special Guardian of Harriet J Root Ypsilanti Root and Wellington Heacock minors all of Barre aforesaid.
Heirs and next of kin of Joseph Root late of the Town of Barre in the County of Orleans, deceased,
WHEREAS, William Root and Henry Root executors named in the last Will and Testament of the said Joseph Root deceased, has applied to Thomas S. Clark Surrogate of the said County of Orleans; for the proof of the said Will, which Will relates to Real and Personal Estate
YOU ARE THEREFORE, hereby cited to appear before the said Surrogate, at his Office, in Albion, in said County, on the thirteenth day of October next at ten o’clock, in the forenoon, to attend the probate of the said Will.
Given under the hand and Official Seal of the said Surrogate, at Albion, in said County, this Eighteenth day of September 1846
Ths. S. Clark
To the Surrogate of the County of Orleans
The petition of Chester Root, Harriet Jane Root, & Ipsilanti Root all of the Town of Barre in the County of Orleans respectully showeth:
That your petitioners are minors over the age of fourteen years & under the age of twenty one years – towit: Said Chester is Eighteen years & upward, Harriet Jane is seventeen years & upward, & Ipsilanti is about sixteen years – that your petitioners are each entitled to one third of fifty acres of land in said towns suject to their Mothers right of dower therein, & have an unsettled account with their former guardians & that to protect the legal rights of your petitioners it is necessary that some persons should be at this time duly appointed Guardian of their persons & estates during their minority.
Your petitioners, therefore nominate, subject to the approbations of the Surrogate, Jonathan Clark of the said town of Barre, farmer to be such guardian & pray his appointment accordingly, persuant to law – and your petitioners will ever pray.
Dates April 6 1848
Harriet Jane Root
I, Jonathan Clark of Barre aforesaid do hereby consent to be appointed the Guardians of the persons & Estates of the above names minors during their minority.
April 6 1848 Signed by
Orleans County for Henry Root of Barre in said County, being sworn says that he is acquainted with the property and estate of the above named minors, and that the same consists of real estate having little or no personal effects and that the annual value or rent profits of the real estate of each of said monors, does not exceed the sum of twenty two dollars or thereabouts.
Sworn this 6th day of April 1848 before me
H. R. Curtis, Surrogate Signed Henry Root
Orleans County ??? On this 6th day of April 1848 before me appeared Chester Root made oath that the contents of the fore going petition are true according to his best knowledge, information & belief.
H. R. Curtis, Surrogate
Barre April 10 1848 An article of Ma[na]gaement
Made this day between Catherine Root the former guardian of the heirs of Levi Root and Johnathan Clark their present gardien Catherine McAlister finds in settling with the present gardian seven hundred and sixty dollars charged to them for their support and the means of the heirs prosperity for the same length of time amounts to six hundred and sixty dollars.
Order entered, settling account, April 10 1848
Submitted by: Candace Carter-Green 23 Nov 2003