State of New York, County of Ontario. Surrogates Court

In the matter of proving the }
Will of Charles Roszell       }
Late of Bristol, deceased     }

At the Surrogate Court held at the Surrogates office in the Village of Canandaigua in and for the County of Ontario on the 2nd Day of August A.D. 1851

Present Mark H Sibley Esq. County Judge of the County of Ontario performing the duties of the Office of Surrogate therein.

Be it remembered that heretofore to wit: on the 11th Day of June A.D. 1851 James M Roszell named in a certain interment in writing bearing date the First day of December A.D. Eighteen hundred and thirty five purporting to be the last will and testament of Charles Roszell of Bristol in the County of Ontario and State of New York as the executor thereof appeared in this Court before the said County Judge and propounded the said instrument for probate and recorded in this Court as the last will of the Real and Personal estate of the said Charles Roszell now deceased and thereupon this Court upon the notation of said James M. Roszell duly verified and filed, took cognizance of the said application and proceeded to ascertain that Rebecca Roszell, Hannah Roszell of Bristol Rebecca Moore, wife of William J. Moore of Canandaigua  Ontario County, Eliphalet Roszell of Grand Valley, in the County of Cattaraugus, Emily M. N. A. Shattuck the wife of John F. Shattuck, Hannah N. R. T. Roszell, Charles A. L Roszell and Hannah Roszell of Alabama in the County of Genesee, all in the State of New York.  Charles W. Roszell of Oxford, County of Delaware, State of Ohio, Oliver H. P. Roszell of Independence in the County of Buchanan and State of Iowa were the widow heirs at law and next of kin of the said Charles Roszell deceased, that the said Hannah Roszell of Alabama aforesaid was the general guardian of the said Charles A. L. Roszell who was a minor, and this court did appoint John C. Sibley of the village of Canandaigua the special guardian of the said Charles A. L. Roszell to appear for him and take care of his interests in the matter of proving the said will and did enforce a condition in due form in law directed to the Widow heirs at law and next of kin , the said general guardian  and said special guardian naming their respective places of residence citing them to appear in this Court on the Second day of August 1851 at 12 O’clock N. and attend the probate of the said Will and did further direct that a copy of the said citation should be published on the State papers for six weeks, and now on this the said second day of August  at the time and place designated on the said citation the said petitioner duly appeared in Court and produced proof of the due service and publication of the said citation in the mode prescribed by law and no one appearing to appose such proceedings are had that this Court takes the proof of the due execution of the said Will, and the same being satisfactory it is ordered and adjudged that the said Will is a valid Will of the real and personal estate of the said Charles Roszell deceased and the following is the record of the said Will and proofs made by the Court, that is to say:

Record of the Will of Charles Roszell

The last will and testament of Charles Roszell of Bristol in the County of Ontario and State of New York.

I Charles Roszell considering the uncertainty of this mortal life and being of sound mind & memory (blessed be Almighty God for the same) do make and publish this my last will and testament in manner and for following viz):

First. I direct that the expenses of my funeral & all debts justly owing by me at the time of my death be paid out of my personal & real estate, of which I may die forfeitured or seized.

Second. I give and bequeath to my well beloved wife, Rebecca Roszell, in lieu of her rights of dower, the use and enjoyment during her natural life, all of my household furniture & the one third of all of my other personal estate and I do devise to her during her natural life the use and enjoyment of the one third part of all my real estate wherever it may lie.

Third. Having made provision of all my other children except for my son James M. Roszell & my daughters Hannah & Rebecca Roszell, I make no further provision herein for any other of them.

Forth. I give and bequeath to my said son James M. Roszell & to my said daughters Hannah & Rebecca Roszell to be equally divided between them, the other two third parts of my personal estate and also the one third part of my personal estate & all of my household furniture bequeathed to their mother during her life after her decease, to be divided equally between them, and I furthermore devise all my real estate not herein before disposed of wherever it might be to my said son James & my said daughters Hannah & Rebecca their heirs & assigns, to be divided equally between them the one third part of my said real estate devised to their mother during her life, after her decease.

Lastly. I appoint my said son James M Roszell, sole executor of this my last will and testament, hereby empowering him to sell, grant, bargain, & convert, so much of my real estate as may be necessary to pay my debts & no more.  Hereby revoking any will by me anytime before made.

In witness whereof I have set my hand & affixed my seal this first day of December A.D. Eighteen hundred & thirty five.

                                                                               Charles Roszell  <Seal>

The above interment consisting of one sheet, was subscribed by Charles Roszell the testator, in the presence of each of us, and was at the same time declared by him to be his last Will and Testament, and we, at his request, sign our names hereto, and attesting witnesses.

Oliver Phelps of Canandaigua Ont. Cty
George Nethaway of Canandaigua Ont. County.

Record of the Proofs of the Will of Charles Roszell

Ontario County    }
Surrogates Court  } Ls.

                       In the matter of the probate of the last Will and Testament of Charles Roszell.

                      George Nethaway a witness produced on the part of the Petitioner in this matter being duly sworn and examined therein testifies as follows:

I reside now and did during all the year 1835 in the town of Canandaigua in this County.  I am fifty two years of age and a farmer by occupation.

The interment in writing now under probate bearing date the first day of December Eighteen hundred and thirty five purporting to be the last Will and Testament of Charles Roszell of Bristol in the “County of Ontario and State of New York in now shown to the witness and looking upon the same he testifies in relation thereto and in relation to the execution of the same as follows via:

I was personal and well acquainted with the said Charles Roszell in his live time who died at his late residence in the said town of Bristol some time during the latter part of the last winter I saw the said Charles execute this instrument at or about the time it bears date.  He executed it at the Office of Judge Oliver Phelps in the said town of Canandaigua when and where I saw the said Charles subscribe his name where the same now appears written at end of the said instrument opposite the seal and I heard him declare at the time he made such subscription that he executed the said instrument as and for his last Will and Testament at the same time he requested me to subscribe my name to the said will as a witness to the execution thereof and I did thereupon immediately in pursuance of such request subscribes my name thereto as such witness in the presence of the said Charles Roszell, who was at that time a citizen of the United States an inhabitant of this County and of full age and was then according to the best of my knowledge judgment and belief a person of sound and disposing mind and memory in all respects competent to make a will devising real estate and not under any restraint but was acting in all respects freely and understandingly in relation to making and execution of the said will so far as I observed and as I have not the least doubt.  The said will appears to be and I have no doubt is in the same condition in all respects as when is was executed and witnessed.  The said Charles at the time he so executed the said will appeared to be in sound health and I have no reason to doubt but he was taken.
                        George Neathaway <seal>
  Subscribed. Sworn in open Court the 2nd day of August 1851.
Mark H. Sibley Judge of Ontario County }L.S.

In this the same Matter
Ontario County } Ls.

         Oliver Phelps a witness produced on the part of the Petitioner in this matter being duly sworn and examined therein testifies as follows viz:

I reside in the Village of Canandaigua and did so through the year 1835.  I am 55 years of age and by profession an Attorney and Counselor at law.  I was personally acquainted with Charles Roszell lat of the town of Bristol in this County now deceased. The instrument now under probate and described in the preceding deposition of the said George Neathaway is here presented to the witness who looking upon the same testifies in relation thereto and in the relation to the making and execution thereof as follows viz:

  I drew this interment at the request of the said Charles Roszell and as I have no doubt though I have no present distinct recollection of the fact that I so drew it in accordance with and pursuant to the instructions which I received from him in relation thereto and to the terms and provisions therein contained.  I have been in the habit of drawing wills for my clients and for others and of superintending the execution of the same & it has been and is my universal practice to carefully and correctly read over to the person who is to execute such will the contents thereof and although I have no personal distinct recollection of reading over this will after I drew it to the said Charles Roszell yet I have not the least doubt and verily believe that I do so do.  I saw his subscribe his name to the sail will where that same now appears written at the end thereof and heard him declare the he executed it and as his last Will and Testament and at the same time I subscribed my name to the said Will as an witness to the execution and publication of the same at the request of the sand Testator and in his presence.  At the time of such execution of the said Will the said Testator was a citizen of the United States of America an inhabitant of this County and of full age. And he was at that time according to the best of my judgment observation and belief a person of sound and disposing mind and memory in all respects competent to make a will divesting real Estate and not under and restraint, but acted freely and understandingly so far as I could or did observe and as I verily believe in relation to the making and execution of the said will.  The said Will now appears to be and I have no doubt is in the same condition as win it was so executed and witnessed.

                                                   Oliver Phelps <seal>
Taken sworn and subscribed in open Court the 2nd day of August A.D. 1851
                                                                             Mark H. Sibley Judge of Ontario Cty

Count of Ontario    }
Surrogates Court    } LS

                       It appearing upon the proofs duly taken in respect to he last Will and Testament of Charles Roszell late of Bristol deceased, that the said Will was duly executed and the said Charles at the time he executed the same was in all respects competent to do devise real estate and not under any restraint the said Will and proofs are hereby recorded as the Will of the Real and personal Estate.  Signed and certified by me this 2nd day of August A.D. 1851

                                                                    Mark H. Sibley <seal>
                                                                    Judge of Ontario County

Hannah L. Roszell was the sister of Elisha Roszell my 2^nd Great Grandfather. She was the daughter of Charles Addison Roszell, (my 3^rd Great Grandfather). Oliver H P Roszell (my Great Grandfather) and Emely Melissa Shattuck (My Great Grandmother and Great Grand Aunt, the sister of Oliver H P Roszell.) are mentioned as her heirs.   She died without issue.

Recorded in Book W, pages 535-536, Ontario County, New York

RECORD OF HANNAH L. ROSZELL WILL

In the Name of God, Amen.  I Hannah L. Roszell of the town of Bristol, County of Ontario, Stare of New York, being of sound mind and memory do state publish and declare as my last will and testament in manner following that is to say.  First I give and bequeath to George Welfare Johnson, of Upper Sandusky, Ohio the sum of two hundred dollars.  Secondly subject to the foregoing legacy and all just debts and funeral expenses I devise and bequeath to my nephew Oliver H P Roszell and my niece Emely M U A Shattuck of Independence Buchanan County state of Iowa all of my property real and personal to be equally divided between them or their heirs share and share alike of the child or children of a deceased nephew or niece which is his, her or their parent would have taken if living.  Third, I hereby nominate and appoint William S Reed the Executor of this my last will and testament and hereby authorize and empower him William S Reed to compound compromise and settle any claim or demand which may be against or in favor of my said estate.  In witness whereof I have hereinto set my hand and seal this the tenth day of May 1873.

                                                                                                      Hannah L Roszell <seal>

The above interment consisting of one half sheet was at the date thereof sealed published and declared in presence of us who at her request and in her presence and the presence of each other subscribed our names as witness thereto.

Charles B. Reed residing at Bristol, Ontario county N.Y.
Mary A Reed residing at Bristol, Ont.Co. N.Y.

I hereby certify the forgoing to be a true copy of the will and testament of Hannah L Roszell, deceased proved before me, Recorded Compared November 10, 1873.

                                                                        T R Pancell            Surrogate                        

Transcribed October 21, 2008 by Michael F. Roszelle from scanned documents proved by SAMPUBCO of Salt Lake City, Utah.  Scanned documents on file