WILL: Alice Riley; Herkimer, Herkimer co., NY 
surname: Riley, O'Dwyer, Fagan, Prescott, Flood

submitted by Carol Pfile (cvp at tribute.com) 
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Submitted Date: March 29, 2006
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Source: Sampubco.com
Herkimer co NY Will Book Vol. O page 90
Written: November 5, 1867
Recorded: March 16, 1868

Alice Riley

County of Herkimer
Surrogate Court

In the matter of proving the
Last Will and Testament

Alice Riley, deceased

Herkimer County, ss:  William O’Dwyer of the town of Herkimer in the County of 
Herkimer and John Fagan of the town of Herkimer in the county of Herkimer being 
first duly sworn in open court on their oaths do depose and say that they are 
subscribing witnesses to the last will and testament of Alice Riley late of the 
town of Herkimer in the said county of Herkimer, deceased.  And these deponents 
further say that the same deceased did in the presence of these deponents 
subscribe her name at the end of the instrument which is now shown to these 
deponents and which purports to be the last will and testament of the said 
deceased and which bears date on the fifth day of November A.D. 1867; that the 
said deceased did at the time of subscribing her name to said instrument as 
aforesaid, declare the same to be her last will and testament; that these 
deponents did thereupon subscribe their names at the end of said instrument, as 
attesting witnesses to the execution thereof, at the request of the said deceased 
and in her presence and in the presence of each other.  That the said deceased at 
the time of subscribing her name to said instrument as aforesaid was upwards of 
twenty-one years of age; that she appeared to be of sound mind and memory and was 
not under restraint to the knowledge or belief of these deponents.

Sworn, examined and 				Wm. O’Dwyer
Subscribed this 18th day			John Fagan
Of March 1868 before me

	Amos H. Prescott
		Surrogate

WILL

In the name of God, Amen.  I, Alice Riley, of the town of Herkimer in the County 
of Herkimer State of New York of the age of about seventy years and being of 
sound mind and memory do make publish and declare this my last Will and Testament 
in manner following that is to say:  I give and bequeath all my personal estate 
to my four Grand children:  Henry, Alice, Thomas and Mathew Flood, the same to be 
equally divided among my said grand children after my said grandson Mathew 
becomes of the age of fourteen years that all the rents (and interest of said 
personal property if it shall be necessary to convert the said personal property 
into money) shall be used as far as may be necessary for the support and 
education of my said grandson Mathew until he becomes of the age of fourteen 
years as above mentioned.

All my house hold furniture including beds, bedding, etc. I give and bequeath to 
my said grand daughter, Alice Flood.  Likewise I make constitute and appoint 
William O'Dwyer my Executor of this my last Will and Testament.  In witness 
whereof I have hereunto set my hand and seal this 5th day of November one 
thousand eight-hundred and sixty seven.

						Alice + Riley    {S.S.}
						  Her Mark

The above instrument consisting of one sheet was at the date thereof signed 
sealed, published and declared by the said Alice Riley as for her last will and 
testament in presence of us who at her request and in her presence and in the 
presence of each other have subscribed our names as witnesses thereto.

				William O’Dwyer, Herkimer, NY
				John Fagan, Herkimer, NY
	
Herkimer County Surrogate’s Office, ss:

	Be it remembered that on the day of the date hereof, the last Will and 
Testament, of Alice Riley late of Herkimer in the County of Herkimer deceased, 
bearing date the fifth day of November one thousand eight-hundred and sixty-seven 
(being the foregoing written instrument) was duly proved before Amos H. Prescott, 
Surrogate of said County according to law, as and for the last Will and Testament 
of the real and personal estate of said deceased; which said last Will and 
Testament and the proofs and examinations taken thereon, are recorded in this 
office; in book O of Wills, on page 90 and following

		In testimony whereof the Surrogate of said County hath hereunto 
set his hand and affixed his seal of office, this 16th day of March in the year 
of our Lord one thousand eight-hundred and sixty-eight.

					Amos H. Prescott
						Surrogate

Herkimer County, Surrogate, Office ss:

	I hereby certify the foregoing to be a true Record of the original last 
Will and Testament of Alice Riley late of the town of Herkimer deceased and of 
the proofs and examination taken thereon.

					Amos H. Prescott
						Surrogate