WILL: Mary Jane Russell; Riga, Monroe Co., NY Oct 2001 by Donna Kingsbury (hotrod_991@prodigy.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Monroe County New York, Will Book Vol. 16 page 87 Record of Will In the name of God Amen. I, Mary Jane Russell of the town of Riga, County of Monroe and State of New York being of sound mind and memory, and considering the uncertainity of this frail and transitory life, do therefore make, obtain, publish and declare this to be my last will and testament, that is to say: First: After all my lawful debts are paid and discharged, I give and bequeath to my dear mother Lucy Russell and my beloved sister Esther J. Lile all of my personal estate of whatsoever kind or character, to be equally divided between them share and share alike. If however my mother should not be living, then and in that case, I give and bequeath all and the whole of my property above mentioned of whatsoever character or kind to my dear sister, the said Esther J. Lile. Likewise, I make, constitute, and appoint my Uncle Milton Whipple of Churchville in the aforesaid County of Monroe, to be executor of this my last will and testatment, hereby revoking all former will by me made. In witness whereof, I have hereunto subscribed my anme and affixed myseal the fourth day of May in the year of our lord one thousand eight hundred and seventy two. Mary Jane Russell S.S. The above written instrument was subscribed by the said Mary Jane Russell in our presence and acknowledged by her to each of us. And she at the same time declared the above instrument, so subscribed to be her last will and testatment, and we, at her request, have signed our names as witnesses hereto, in her presence and in the presence of each other, and written opposite our names our respective places of residence. E.D. Pierson Churchville, N.Y. Ann M. Gage Bergen, N.Y. State of New York Monroe County S.S. Be it remembered that on the day of the date hereof, the last will and testament of Mary Jane Russell late of the town of Riga in said county deceased, being the foregoing written instrument was duly proved before Hon. W. Dean Shuart, surrogate of the said county, according to law, as and for the last will and testament of the personal estate of said deceased which said last will and testament, and the proofs and examinatory taken thereon, are recorded in his office. In testimony whereof, the surrogate of the said county has hereunto set his hand and affixed his seal of office, this fifteenth day of July 1872. W. D. Shuart Surrogate Surrogates Court In the matter of proving the last will and testament of Mary Jane Russell Deceased Monroe County E.D. Pierson and Ann M. Gage being first duly sworn in open court, both depose and say, that he is a subscribing witness to the last will and testament of Mary Jane Russell, late, of the town of Riga in the county of Monroe and state of New York, deceased. And these deponents do further say, that the said Mary Jane Russell deceased, did, in the presence of each of these 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 4th day of May one thousand eight hundred and seventy two. That said deceased did on or about the 9th day of May 1872 at the town of Riga. 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 said deceased, and in her presence, and the presence of each other, that the said deceased at the time of so subscribing her name to said instrument as aforesaid, and pusblishing said instrument as aforesaid, was of full age: that she appeared to be and deponents believe she was of sound mind, memory, and understanding, and not under any restraint. And as deponents doeth believe with all respects competent to devise real estate: that each of these deponents saw the other sign his name to the said instrument in the presence of the said deceased. Subscribed and sworn before Ann M. Gage Me this 10th day of July 1872 E.D. Pierson W.D. Shuart Surrogate of Monroe County A true record of the last will and testament of Mary Jane Russell late of the town of Riga, in the county of Monroe and State of New York, deceased, and the proofs proceedings and examinations had and taken on admitting said will to be proved and recorded according to law, as a will of Personal and Real Estate. W. D. Shuart Surrogate Recorded and Examined July 15th 1872