I, Floyd Ferguson Root of the Town of Albion in the County of Orleans and State of New York, being of sound mind and memory do make, publish and declare this my last Will and Testament in manner following, that is to say:
First, I direct that all my just debts and funeral expenses be paid.
Second, I give and bequeath unto my wife, Henrietta L. Root, the use of all my property, both real and personal, during the term of her natural lifetime.
Third, I give and bequeath unto the Mount Albion Cemetery Association, the sum of One Hundred dollars, to be used for the care of my cemetery lots.
Fourth: Subject to the life use of my said real and personal property to my wife. I give and bequeath all my of my real and personal property to my executors hereinafter named, in trust, and hereby authorize and empower my said executor to sell the said real and personal property and convey the same by good and sufficient deed or deeds, and direct that they distribute the proceeds as following:
That they pay to my son Levi Ferguson Root the sum of six hundred dollars.
I direct that my said executors shall divide the rest and residue of my said esate into five equal shares, and to pay and distribute the same as follows,- one share to my said son Levi Ferguson Root; one share to my daughter Alma L. Cutts; one share to my daughter Gertrude D. Smythe; and that one share be invested by my said executor and the use and income therefrom paid to my son Henry Kendall Root during the term of his natural lifetime, and if, in the judgement of my said executor he shall need any part of the principal of his said share for his care and comfort, I hereby authorize my said executor to use so much of the principal of his said share as they may deem necessary for the care and comfort of my said son Henry Kendall Root, and at the death of Henry Kendall Root, the balance of said share remaining is hereby given and bequeathed to his children to be equally divided between them.
I give and bequeath the use of the other share to my son John I. H. Root during the term of his natural lifetime, and at his death the said share is given and bequeathed to Christine E. Root, the daughter of said John I. H. Root.
If I or my said wife shall hold any notes or other evidence of indebtedness against any of my said children, or in case any of the my said children shall be indebted to myself or my said wife at the time of my death, then I direct that the amount of such indebtedness may be outlawed at the time of my death.
In case there shall not be sufficient personal property in my said estate to pay the above bequest to the Mount Albion Cemetery Association, I direct that the said bequest be first paid out of my estate before any of the other bequests hereinabove mentioned.
Dated 22 January 1915
Surrogate’s Court, County of Orleans,
In the matter of the Probate of
The Last Will and Testament of
Floyd Ferguson Root, deceased.
To the Surrogate Court of the County of Orleans;
The petition of Levi Ferguson Root of Canton, Bradford County, Pennsylvania, respectfully shows,
That Floyd Ferguson Root, late of the town of Albion in the County of Orleans aforesaid, died on the 8th day of May, in the year of our Loard, one thousand nine hundred twenty.
That said deceased was at the time of his death a resident of the town of Albion in the County of Orleans.
Said deceased left a last will and testament, which is dated the 22 day of November in the year of our Lord, one thousand nine hundred and fifteen (and a codicil thereto, dated the 30th day of March, 1920). Your petitioner is the executor named in said will. The said deceased left Henrietta L. Root his widow residing at Albion, Orleans Co., State of New York. The following names persons are the only heirs-at-law and next of kin of said deceased, and their degree of relationship to the said deceased, their places of residence and postoffice addresses are respectively as follows:
Levi Ferguson Root Canton, Penn. Son
Alma L. Cutts, Gaines Orleans Co NY Daughter
Gertrude D. Smythe, 342 Emerson St Roch NY Daughter
Henry K. Root 136 Lake Ave Roch NY Son
John I Root Niagara Falls NY Son
The names and postoffice addresses of the legatees, ????????, executors, trustees, and ???????????????? guardians other than the persons named above and who are not heirs-at-law or next of kin of said deceased, are as follows:
Benjamin Harrison Root, 136 Lake Ave Roch NY
Irene Root 136 Lake Ave Roch NY
Elizabeth Root 136 Lake Ave Roch NY
Robert Root 136 Lake Ave Roch NY
Christine E. Root Knowlesville, Orleans Co. NY
That there are no other persons than these mentioned interested in the application of proceeding. That all the above named persons are of full age and sound mind except:
Elizabeth Root, Robert Root, and Christine E. Root.
State of New York
County of Orleans
I do solemnly swear and declare that I will discharge the duties of Executor of the Last Will and Testament of Floyd Ferguson Root deceased according to law.
Signed Levi F. Root
Subscribed and sworn to before me this 11 day of May 1920
Harry Cooper, Notary Public
???????????????????????????????????????????????????????????????County of Orleans,
New York, deceased being of full age, do hereby waive the issue and service on me of a citation in the above entitled proceeding: I appear in person herein, and consent that an order or decree may be made and entered in the said proceeding accordingly:
Dated this 11th day of May, 1920,
Signed by
John I. H. Root
Henrietta L. Root
Alma L. Cutts
Henry K. Root
State of New York
Orleans County
On this 11th day of May, 1920, before me personally came Henrietta L. Root and Alma L. Root, known to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof.
Harry Cooper, Notary Public
State of New York
Orleans County:
Alma L. Cutts of the Town of Gaines, Orleans County, being duly sworn deposes and says that she is well acquainted with Gertrude D. Smythe, Henry R. Root, and John I. H. Root the persons mentioned in the foregoing waiver, and with thair manner and style of handwriting, having often seen them write, and that deponent verily believes that the signature purporting to be the signatures of the aforesaid persons signed to said instrument, is the true and genuine handwriting and signatures of the above mentioned persons.
Signed by Alma L. Cutts
Sworn to before me this 28th day of May, 1920
Harry Cooper, Notary Public
Submitted by: Candace Carter-Green 31 Jan 2004