Surrogates Court
In the matter of the
Probate of the last will
& Testament of Justus
Lyons, deceased
Petition
State of New York)
County of Tioga)
To Charles P. Avery, Esq, County Judge of Tioga County performing the duties
of Surrogate in & for the said County of Tioga.
The petition of Henry Lyons of the Town of Barton in said County respectfully
herewith that Justus Lyons late of the Town of Barton, County of Tioga,
farmer, departed this life in the said Town of Barton on the 8th day of
June instant 1849 having previously as your petitioner is informed and
believes duly made & executed his last will & Testament, that
your petitioner is the sole Executor named in said Will, That the said
deceased was a citizen of the United States That he was at or immediately
prior to his death an inhabitant of the County of Tioga and that his said
last Will & Testament relates to both real and personal estate.
Your petitioner further shows that the heirs & next of kin of the said
Justus Lyons deceased are Annie Lyons (named in the will as Fanny Lyons)
widow of the deceased, Justice [s/b Justus] Lyons, Henry Lyons (your
petitioner), Jonathan C. Lyons all residing in said Town of Barton.
Lucy Decker, wife of Garrett Decker residing in the Town of Chemung,
County of Chemung. David Lyons & Francis Lyons residing in Fon du
lac in the State of Wisconsin. Harvey, Justis [s/b Justus], Julia Ann,
Nathaniel, Lorina [s/b Lorena/Rena], & Franklin Roots of full age -
Harrison, Harriet, David & Alanson Roots minor children of Martha
Roots, deceased late the wife of William Roots said all residing in
the County of Tioga, State of Pennsylvania. Except Justus Roots, who
resides in the State of Michigan. As your petitioner is informed &
believes, the above named children of Martha Roots being the grand
children of the said Justus Lyons deceased. James VanEtten son of James
VanEtten residing in the State of Ohio, of full age, Polly VanEtten
residing the Town of Barton, Lucy Dean, wife of Benjamin Dean residing
in Spencer in the County of Tioga - the above Julia Ann Roots is now the
wife of Asa Clark residing in the County of Tioga, Pennsylvania. That
Lorina [Lorena/Rena] Roots above named and also Harriet Roots also above
named are married but to whom your petitioner is not informed - the said
Martha Roots & Julia VanEtten deceased above named were the daughter
of the said Justus Lyons deceased. Justus C. Lyons residing in Barton
Tioga Co.
Your petitioner further shows that he is informed and believes that the
County Judge of the County of Tioga acting as Surrogate of said County
has jurisdiction dictation to take the proofs of this said last will
and Testament and over This executor thereof & the power of granting
letters testamentary thereof unto all powers incidental thereto, and
that he is desirous that such proof should be taken & such letters
granted, and that such further or other proceedings as the premises
should be had, or may be legal and proper.
Your petitioner therefore prays that a citation may issue out of and
under the seal of this court, to be directed to the proper persons
pursuant to the Statute in such case made and provided requiring them,
and each of them at such time & place as shall be in the said
citation mentioned to appear and attend the probate of the said last
Will & Testament and that such further or other proceedings as
the premises should be duly had as may be requisite to the proving
and recording of the said last will & Testament & the granting
probate and letters testamentary thereof. And your petitioner will
ever pray
&c
Dated this 11th day of June AD 1849
Signature of Henry Lyons
State of New York)
County of Tioga)
On this 12th day of June in the year one thousand eight hundred forty
nine personally appeared before me, Henry Lyons the petitioner named
in the forgoing petition. Who being by me duly sworn, did depose and
say that he had heard read the forgoing petition by him subscribed and
knew the contents thereof and that the same was true of his own
knowledge, excepting as to the matter therein stated on his information
and belief, and as to these matters he believed it to be true.
Signature of C. P. Avery
County Judge
Tioga County
Surrogate Court)
County of Tioga)
In the matter of the)
proof of the last will)
of Justus Lyons, deceased) I John M. Parker of the Village of Owego,
County of Tioga attorney at law, I do hereby consent to be appointed by
the County Judge of Tioga County acting as Surrogate of the County of Tioga,
the special guardian for Harrison Roots, David Roots [Harrison &
David are the same person], Lucy Dean wife of Benjamin Dean, Alanson
Roots and Harriet Evans wife of Warren Evans - minor heirs and next of
kin of Justus Lyons deceased, for the sole purpose of taking care of the
interest of the said minors in the matter of proofing the last will and
testament of the said Justus Lyons, and I consent to serve as such
special guardian.
Dated this 15th day of June AD1849
Signature of J. M. Parker
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