For this blog post, I decided to use a different style of writing to tell the story of my great, great grandfather’s – George Francis Howard’s – will. In March 2018, I found his probate file from Alcona County, Michigan, on the Family Search website. Although the record included a Petition and Order for the Probate of Will and other documents, it did not contain a copy of the will. I checked with the Alcona County Clerk’s office, and the file there did not contain a will either. The clerk I spoke with assumed the will had been misfiled somewhere along the way.
A couple months later I found the probate file for George’s father, Enoch G. Howard, on Ancestry’s site. Enoch had passed away in Muskegon County, and as I was paging through that file, I found an “Exemplification of Record” signed by the Alcona County Judge of Probate Court stating that the “foregoing copy of will of George F. Howard and Certificate of Probate of said Will” was a correct transcript of the original record. George had predeceased his father, thus his share of his father’s estate would pass according to the terms of his legally proven will. The court in Alcona County had provided the court in Muskegon County with a transcript of George’s will, certifying that it was correct. Here, in Enoch’s probate file, was George’s missing will.
The probate record of George’s estate contained a transcript of deposition testimony given by one of the witnesses to the will. As I read the transcript, I imagined the scene of the will being signed by George and witnessed by his two friends. I decided to use the deposition testimony, information I found online about the weather in the general area at that time, and other facts such as where George was employed and the date of his wife’s death to re-create the scene. Thus, what follows is a bit of “creative” history.
December 6, 1892
West Harrisville, Michigan
George Francis Howard, Station Agent at the West Harrisville, Michigan depot, stepped out of the train station into a cold, light rain and glanced around. He saw two men, Allan McMillan and Peter Lecuyer, nearby and hailed them over. “You’re just the two fellows I want to see,” George called out to them. The two men exchanged a questioning look between them but then hurried over to where George was standing. “How might we be of service to you?” Allan asked as they followed George into the depot.
The small wooden building which served as a train station provided the men a warm respite from the damp air outside. George beckoned them over to his office, a small area inside the depot. “I am alone here and have just been making out my will,” he said to them. “I would like for you two to witness it.”
Allan and Peter exchanged another glance but followed George into the small office space and stood by his desk. George leaned over a hand-written paper with a fountain pen in his hand. He looked up at the men and, with a sad smile, said, “One cannot tell what might happen…” Allan and Peter nodded knowingly, remembering that George’s wife Flavia had died suddenly and without warning earlier in the year. George signed his name at the bottom of the page and handed the pen to Peter, who signed beneath George. Allan followed suit and signed beneath Peter’s signature.
Relieved to have the task out of the way, George shook both men’s hands and thanked them for coming to his assistance. They both assured him they were honored to perform the duty and then took their leave, returning to the cold drizzle outside. George turned back to the document on his desk, carefully blotted the almost-dry ink of the signatures, and then slowly folded the paper, placing it in an envelope.
Transcript of George Francis Howard’s Will:
West Harrisville, Mich
Nov 21st 1892
I George F. Howard (widower) of West Harrisville in the County of Alcona and State of Michigan, Station Agent and Operator, being of sound mind and memory do make publish and declare this to be my last will and testament hereby revoking all former Wills by me at any time heretofore made and as to my worldly estate and all the property, real, personal, or mixed, of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following to wit:
My Will is that all my just debts and the part of my funeral expenses that is not now arranged for if any part there be, by my brother hereinafter named be paid out of my insurance on my life in the Knights of the Maccabees. I give, devise and bequeath to my brother Lafayette A. Howard, all my household goods e.g. silverware, carpets, dishes, etc. and Lot six (6) in Block (24) Twenty four in the village of West Harrisville, County of Alcona and State of Michigan, with my dwelling house that is built thereon, also the balance in my favor in the First 1st National Bank of Alpena Mich if any there be.
All the rest and residue of my estate, real, personal, and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, I give, devise, and bequeath to be Lafayette A. Howard’s his and his only, and lastly I do nominate and appoint my brother Lafayette A. Howard to be the executor of this my last will and testament.
In witness whereof I the said George F. Howard have to this my last will and testament consisting of this one sheet of paper subscribed my name and affixed my seal this 6th day of December in the year of our Lord one thousand eight hundred and ninety two. Signed, sealed, published and declared by the said George F. Howard as and for his last will and testament in the present of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto, all residing at West Harrisville in Alcona County, Michigan.
/s/ George F. Howard
/s/ Peter Lecuyer
/s/ Allan McMillan
Transcript of deposition testimony of Allan McMillan, witness to Last Will and Testament of George F. Howard:
Allan McMillan being duly sworn deposes and says, I was acquainted with Geo F. Howard during part of his lifetime, and knew him on the 6th day of December AD 1892 and 3 or 4 years prior to that date. So far as I know he did all of his business himself, all of his own financing, bought and sold his own property. Also judging from my acquaintance with him I never saw anything that would induce me to think him anything other than a perfectly sane man.
I saw him on Dec 6th 1892. He seemed entirely sane and perfectly competent to transact any business.
Witness has seen paper marked Ex A before, the first time on the 6th day of Dec AD 1892.
I was in the vicinity of Mr. Howard’s office in company with Peter Lecuyer on the above date when the deceased Mr. Howard called us in remarking that we were just the fellows he wanted to see. I am alone here said Mr. Howard and am just making my will and would like you to (sic) to witness it. One cannot tell what might happen.
The signature as witnesses are my own and Peter Lecuyer.
I saw Geo. F. Howard sign the document marked Ex. A in the presence of myself and Peter Lecuyer. When he signed he said this is my will.
I do not know of the existence of any other will or codicil to any will of the late Geo. F. Howard.
George Francis Howard died on January 11, 1895 in West Harrisville, Alcona County, Michigan. His brother, Lafayette A. Howard, filed a Petition for the Probate of a Will with the Alcona Probate Court on May 28, 1895. Notice of the filing was duly advertised in the Alcona County Review and on July 1, 1895, after a hearing, the will was admitted to probate.
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