WILL: James Riley; Newport, Herkimer co., NY 
surname: Riley, Mahardy, Spellman, Barry, Prescott

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Submitted Date: March 30, 2006
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Source: Sampubco.com
Herkimer co NY Will Book Vol. P page 56
Written: September 12, 1870
Recorded: January 30, 1871

JAMES RILEY

County of Herkimer, Surrogate’s Court, in the matter of proving the last Will and 
Testament of James Riley deceased, Herkimer County, SS.  John G. Barry of the 
town of Newport in the County of Herkimer and James Spellman of the town of 
Newport 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 James Riley late of the town of Newport in the said County of 
Herkimer, deceased.  And these deponents further say that the said deceased did 
in the presence of these deponents subscribe his 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 12th day 
of September A. D. 1870 that the said deceased did at the time of subscribing his 
name to said instrument as aforesaid declare the same to be his last Will and 
Testament; that these deponents did thereupon subscribe their own names at the 
end of said instrument as attesting witnesses to the execution thereof at the 
request of the said deceased and in his presence and in the presence of each 
other.  That the said deceased at the time of subscribing his name to said 
instrument as aforesaid was upwards of twenty-one years of age; that he appeared 
to be of sound mind and memory and was not under restraint to the knowledge or 
belief of these deponents.  

Sworn examined and subscribed 	   }		John G. Barry
this 30th day of January 1871 before me }		James Spellman
	Amos H. Prescott, Surrogate

WILL

In the name of God, Amen!  I, James Riley, of Newport, Herkimer County, N.Y., 
being of sound mind and memory and considering the uncertainty of this frail and 
transitory life, do therefore make ordain, publish, and declare this to be my 
last Will and Testament.  That is to say:

After all my lawful debts are paid and discharged I give and bequeath unto Mrs. 
Agnes Mahardy, wife of Michael Mahardy one hundred dollars and I give and 
bequeath to my wife Bridget Riley all the rest and residue of my property being 2 
notes I hold against James Spellman and a Bond and Mortgage against Jas. Whalon 
and some furniture, etc, etc.

Likewise I make constitute and appoint my wife , Bridget Riley, to be Executrix 
of this my last Will and Testament hereby revoking all former Wills by me made.

In witness whereof I have hereunto subscribed my name and affixed my seal the 
12th day of September in the year of our Lord one thousand eight hundred and 
seventy.
					           
					       his	
					James   X Riley
					       mark

The above written instrument was subscribed by the said James Riley in our 
presence and acknowledged by him to each of us; and he at the same time declared 
the above instrument so subscribed to be his last Will and Testament; and we at 
his request have signed our names as witnesses hereto and written opposite our 
names our respective places of residence.

John G. Barry, Newport, Herkimer County, N.Y.
James Spellman, Newport, N.Y.

State of New York
Herkimer County
Surrogate’s Office

Be it remembered that on the 30th day of January A. D. 1871 the last Will and 
Testament of James Riley, late of the town of Newport in said County of Herkimer, 
deceased bearing date the 12th day of September A. D. 1870 (being the annexed 
written instrument) was duly proved before Ames H. Prescott, Surrogate of said 
County of Herkimer, according to law as and for the last Will and Testament of 
the real and personal estate of the said deceased:  which said last Will and 
Testament and the proofs and examinations taken thereon are recorded in this 
office in Book “P” of Wills on page 56 and following:

	In testimony whereof, I, Amos H. Prescott, Surrogate of said County, have
	hereunto set my hand and seal of Office at the Surrogate’s office in the
	Village of Herkimer this 30th day of January A. D. 1871

			Amos H. Prescott, Surrogate

I, Amos H. Prescott, Surrogate of Herkimer County, do hereby certify the 
foregoing to be a true copy and record of the last Will and Testament of James 
Riley, late of the town of Newport, deceased, propounded for probate and duly 
proved before me and also of the proofs and examinations taken before me in 
relation thereto.

	Dated:  Herkimer, January 30th 1871

			Amos H. Prescott, Surrogate