WILL: James Kenna; Little Falls, Herkimer co., New York surname: Kenna, O'Rourke, Kelly submitted by Wayne Kenna (wayne at kennaweb.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/herkimer/wills/vw/kenna-james.txt *********************************************************************** Source: sampubco.com Written: 29 Apr 1885 Probated: 29 May 1886 SURROGATE'S COURT - County of Herkimer IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF James Kenna, Deceased Herkimer County, SS.; John E. Kelly of the town of Little Falls in the county of Herkimer State of New York and John O'Rourke of the town of Little Falls in the county of Herkimer State of New York being each duly sworn, do depose and say, the said John E Kelly for himself that he is a subscribing witness to the last Will and Testament of James Kenna late of the town of Little Falls in said county of Herkimer, deceased; and the said John O'Rourke for himself that he is a subscribing witness to the last Will and Testament of said James Kenna late of the said town of Little Falls in said county of Herkimer deceased; and that the said deceased did on the 29th day of April 1885 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 29th day of April 1885; that the said deceased did at the time of subscribing his name to said instruments aforesaid, declare the same to be his last Will and Testament; and 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 said deceased and in his presence, and in the presence of each other. That 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 of belief of those deponents. Sworn, examined and subscribed, before me, this 29th day of May 1886 (Signed Rollin H. Smith) Surrogate (Signed John O'Rourke and John E. Kelly) James Kenna ----------- I James Kenna of Little Falls Herkimer county and state of NY being of sound mind and memory do make ordain (?) publish (?) and declare this ? my last Will and Testament that is to say: First ----- After all my lawful debts are paid and discharged I give devise and bequeath loving son John Kenna one (?) span of horses now owned by me and used by him also all the wagons and harnesses now owned by me & other things now used and belonging to the use of said team. I also give to my son John Kenna the Barn and the Lot on which it stands being lot number (10/ten) as marked by Matts T. Lov?s for me and the map now owned by me and made by Carry and Allen for the Village of Little Falls. Second ------ I give devise and bequeath to my daughters Kate Kenna and Margaret Kelly the house and lot owned by me on the south side of John Street one acre of land - commonly called the quarry (?) acre and the right of way then to the lot on which the Lime Kiln stood marked (17) on said maps. The house and lot in which Patrick Murphy now lives bounded south by Monroe Street East by Sherman street Also the lot next west thereof on the north side of Monroe street also lot No 30 as laid down on said map and which is on the west side of Sherman Street and next north of lot No (10) on said map share and share alike subject to all in cumbrances thereon (?) and to all debts which I may be owing at the time of my death. And I hereby charge the said Promised lands and Tenements herby devised to my said daughters in the second subdivision of this instrument with the payment (?) of said debts. Third ----- I give devise and bequeath to my daughter Kate Kenna in addition to what I have bequeathed to her in the second subdivision of this Will the house in which I now live and all the Furnishings therein and also lots nos one and two fronting? on Monroe Street and also lots Nos 5 and 6 and seven fronting on Sherman street to have and to hold forever. It is hereby understood that the bequest hereby made to Margaret Kelly is to be accepted by her in full payment of the sum of Eighty dollars + interest which I am owing to her. James Kenna ----------- Likewise I make constitute and appoint P H. McEvory and John Kelly to be Executors of this my last Will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto to subscribed my name and affixed my seal the 29th day of April in the year of our Lord one thousand Eight hundred and five. Witnessed to James Kenna's mark (signed) J. O'Rourke his James X Kenna [L.L] Mark The above instrument consisting of one sheet was at the date thereof subscribed by James Kenna in the presence of us and each of us; he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament. Witnessed (?) we then and there at his request & in his presence and the presence of each other subscribed our names as witnesses thereto. John E. Kelly residing at Little Falls NY J. O'Rourke residing at Little Falls NY