WILL: Elmore Willard Ross; Auburn, Cayuga co., New York surname: Ross, Fitch submitted by Robert Akin (robert_akin at yahoo.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://ftp.rootsweb.com/pub/usgenweb/ny/cayuga/wills/v31c/ross-elmorewillard.txt *********************************************************************** Source: sampubco.com Cayuga co NY Will Book Vol. 31C page 243 Written: 21 Jun 1888 Probated: Will of Elmore Willard Ross, W. Springfield, Clark, OH 31C-243 I, Elmore Willard Ross, of the City of Auburn, Cayuga County, New York, residing at present in the village of Fulton, Oswego County, New York, do make, publish, and declare this my last will and testament. I appoint my wife, Mary Fitch Ross, sole Executrix of this my last Will and Testament and direct that she be permitted to enter upon and discharge her duties as such without giving security. I give, devise, and bequeath the one equal half part of all my property, both real and personal of every nature whatsoever and wherever situated, to my wife, Mary Fitch Ross, absolutely. I give, devise, and bequeath the other one equal half part of my property to my said wife, Mary Fitch Ross, in trust for my son, Elmore P. Ross, to hold and invest the same and accumulations thereof, and to collect and receive the rents, income, and profits thereof, and to apply such portion as may be necessary of such rents, income, and profits to his support, education, and maintenance until he shall arrive at the age of twenty six years, and upon his arriving at that age to transfer and convey to him, absolutely, the principal and accumulations of such one half part so held in trust as aforesaid, whether real or personal property, but in case of the death of my said son, Elmore P. Ross, before arriving at the age of twenty six years, I give, devise, and bequeath the said one half share to my said wife, Mary Fitch Ross, absolutely. I hereby give to my said wife, Mary Fitch Ross, as Executrix and Trustee as aforesaid, full power in her discretion to mortgage, sell, and convert into money all or any part of my estate, real or personal wherever situated, at public or private sale at such time and upon such terms and in such manner as she may deem proper, and on every such sale to make, execute and deliver good and sufficient deeds to the purchaser or purchasers. The power hereby conferred shall be exercised in the discretion of my executrix and shall apply to all my property and estate. In witness whereof, I have hereunto set my hand and seal this sixteenth day of August, One thousand eight hundred and eighty hereby revoking all other and former Wills by me made. [Signed] Elmore Willard Ross [Seal] Sealed, Signed, Published and Declared by the Testator Elmore Willard Ross as and for his Last Will and Testament in the presence of us, who at this request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses in the village of Fulton, New York, this sixteenth day of August One thousand eight hundred and eighty. [Signed] Samuel E. Lincoln, Fulton, N.Y. [Signed] J. Frank Willard, Oswego Falls, N.Y. Codicil to the Will of Elmore Willard Ross I, Elmore Willard Ross, now of the City of Springfield, Ohio, do make the following as a codicil to the foregoing Will, confirming the said Will in all respects except as hereby modified. In the event that I am interested at the time of my death in any active business, I authorize and empower my executrix to continue the said business for such time as shall seem best to her to insure the winding up and liquidation thereof without loss and to the best advantage of my estate, giving her full discretion as to the manner of continuing the business and the time and manner of winding it up. And so far as I have power, I authorize my executrix, if she so desires and if the Statutes of Ohio so permit, to continue the use of the firm name or style under which the business may be carried on at the time of my death. In witness whereof, I have hereunto set my hand and seal the 21st day of June 1888. [Signed] Elmore Willard Ross [Seal] Signed, sealed, published and declared by the Testator, Elmore Willard Ross, as and for a codicil to his last Will and Testament in the presence of us who at this request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses this 21st day of June 1888. [Signed] John L. Zimmerman [Signed] Nelson Fitch