Justus Lyons Surogate Court Record

Contributed By: Sherlene Belden


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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