WILL: Orrin Stone;  Pittsford, NY, Monroe co., NY 
surname: Stone, Miles, Shuart

submitted by Nancy Harris (relativhunter at yahoo.com) 
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Submitted Date: May 16, 2006
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Source: Sampubco.com
Monroe County NY Will Book Vol. 21 Page 125 - 128
Written: September 4, 1869
Recorded: December 17, 1875

Last Will and Testament of Orrin Stone, deceased

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 seventy five Draper Stone sole
executor named in the Last Will and Testament of Orrin Stone late of the town of
Pittsford in the County of Monroe deceased, appeared in open Court before the
Surrogate of the County of Monroe, and made application to the said Last Will and
Testament of Orrin Stone which states to both Real and Personal Estate, proved and
such application the said Surrogate did ascertain by satisfactory evidence who
were the widow heirs at law and next of kin of said testator and their respective
evidences, 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 City of Rochester in said County on the fifteenth
day of September 1875 to attend the probate of said Will and said matter having
been adjourned from time to time.

And afterward, to-wit on the seventeenth day of December A.D. 1875, 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 seventeenth day of December, A.D 1875 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

Record of Will

In the name of God Amen

I Orrin Stone of the town of Pittsford, Monroe County State of New York being of
sound mind and memory and considering the uncertainty of this frail and transitory
life do therefore make, ordain, 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 unto
Edith Stone my wife the use of all my real and personal estate for and during her
lifetime to be accepted and received by her in lieu of dower.

Second Upon the death of my said wife I give and bequeath to my daughter Mary Dunn
the sum of five dollars.
 
Third I give and devise all the rest residue and remainder of my real and personal
estate of every kind and nature to my sons Mathias Stone, Marvin Stone and Draper
Stone to be divided equally between them share and share alike.

Likewise I make constitute and appoint Draper Stone of the town of Pittsford
aforesaid to be executor of this my last Will and Testament thereby revoking all
former Wills by me made.

In witness thereof I have hereto subscribed my name and affixed my seal the fourth
day of September in the year of our Lord one thousand eight hundred and sixty nine.

Orrin Stone

The above instrument was subscribed by the said Orrin Stone in our presence, and
acknowledged by him to each of us and he at the same time declared the above
instrument so subscribed to be his last Will and Testament and we at his request
have signed our names as witnesses hereto in his presence and in the presence of
each other and written opposite our names our respective places of residence.

Draper Stone
Richard Miles			Residence of Ontario Pittsford New York
Obed Miles
Sarah Miles

Surrogate's Court
In the Matter of Proving the Last Will and Testament of Orrin Stone Deceased.

Monroe County, ss.
Richard Miles and Obed Miles being first duly sworn in open Court, doth depose and
say that he is a subscribing witness to the Last Will and Testament of Orrin Stone
late of the town of Pittsford in the County of Monroe and State of New York,
deceased.  And these deponents do further say, that the said Orrin Stone deceased,
did, in the presence of each of these deponents, subscribe his 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 fourth day of September, one thousand nine hundred and sixty nine. 
That the said deceased died on or about the twelfth of May 1875 at the town of
Pittsford and deponents if here informed.  That the said deceased did at the time
of subscribing his name to the said instrument as aforesaid, declare the same to
be his 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 his presence
and the presence of each other.  The said deceased, at the time of so subscribing
his name to said instrument as aforesaid, and publishing said instrument as
aforesaid was of full age; that he appeared to be and deponents believe he was of
sound mind, memory and understanding, and not under any restraint and as deponents
verily believe in all respects competent to devise and state, that each of these
deponents saw the other sign his name to the said instrument, in the presence of
said deceased.

Obed Miles
Richard Miles

Subscribed and sworn to before me, this 17th day of Decemeber A.D. 1875 M. D.
Shuart Surrogate of Monroe County
Monroe County, ss.

It appearing upon the proofs duly taken in respect to the Last Will and Testament
of Orrin Stone late of the town of Pittsford in the County of Monroe and State of
New York, deceased, that the Will was duly executed and that the said Orrin Stone
at the time he executed the same was in all respects competent to devise real
estate and not under restraint signed and certified by me pursuant to the
provisions of the Revised Statutes, this Seventeenth day of December, A.D. 1875. 

M.D. Shuart Surrogate