WILL: James Tully; Malone, Franklin co., NY 
surname: Tully, Baird, Foy

submitted by anonymous donor
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Submitted Date: January 1, 2005
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Source: Sampubco.com
Franklin Co., Ny Will Book Vol. 12, Page 132
Written: August 18 1904
Probated: 11 Aug 1908

Last Will and Testament.
I, James Tully of the Town of Malone in the County of Franklin and State of
New York,  being of sound mind and memory, do make, publish and declare this
my last Will and Testament, in manner following, that is to say:

First.- I direct that all my just debts and funeral expenses be paid.

Second.- I give, devise and bequeath unto my beloved wife Catherine Tully, the 
use of and income from my real and personal property for and during her
natural life.

Third: If there be not enough or sufficient income from my said property as
above provided to suitably support and maintain my said wife, Catherine Tully,
as aforesaid then it is my wish and I hereby authorize and empower my
executors, hereinafter named, to sell and convey by deed my real estate, of
which I die seized, and use so much of the proceeds therefrom as in their
indgment(?) may be necessary for the proper  and suitable support and
maintenance of my said wife Catherine Tully during her lifetime.

Fourth:- After the death of my said wife, Catherine Tully, I give, devise and 
bequeath all the property of mine, of every description, so remaining to Ella
M. Baird, niece of my wife, for her own proper use and benefit forever to do
with the same as she may desire.

Lastly, I hereby appoint Patrick H. Foy, husband of my niece Mary Foy and Ella
M. Baird, my niece executors of this, my last Will and Testament: hereby
revoking all former wills by me made.

In Witness Whereof, I have hereunto subscribed my name the Eighteenth day of 
August, in the year One thousand nine hundred and four.
                         James Tully.  L.S.

We, whose names are hereto subscribed, do certify, that on the 18th day of
August 1904 James Tully the testator, subscribed his name to this instrument
in our presence and in the presence of each of us, and at the same time, in
our presence and hearing, declared the same to be his last Will and Testament,
and requested us, and each of us, to sign our names thereto as witnesses to
the execution thereof, which we hereby do in the presence of the testator and
of each other, on the said date, and write opposite our names our respective
places of residence.
M. G. Maguire residing at Malone, N.Y.
J. E. Cooney residing at Malone, N.Y.

Note: on the same page as the record of this will was written:
"Aug. 11/08 Received the original will
this day  Charles A. Burke
          Atty for Ella M Baird"