WILL: Thomas Murphy; Northumberland, Saratoga co., NY surname: Murphy, McGowan, Carter, Wilder, Satterlee, Wright submitted by Teresa Matuszyk (tmatuszyk@nycap.rr.com) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Thomas Murphy Northumberland, Saratoga County Will Book vol. 23 page 433 Transcribed from SAMPUBCO copy The last Will and Testament of Thomas Murphy late of the town of Northumberland deceased relating to both real and personal estate together with the proof thereof recorded on the 7th day of March 1874. At a Surrogates Court held at the Village of Gansevoort in and for the County of Saratoga on the 7th day of March 1874. Present: Cornelius A. Waldron, Surrogate. Be it remembered that at a Surrogates Court held on the 19th day of January 1874 John Murphy the person named as executor in a certain instrument in writing dated the 27th day of March 1872 purporting to be the Last Will and Testament of Thomas Murphy appeared and presented said instrument for probate and at the same time made satisfactory proof that said Thomas Murphy died on the 6th day of January 1874 being at the time an inhabitant of the County of Saratoga and that he left him surviving the following named persons, to wit: Hannah Murphy (widow) Mary McGowan, Martha Carter, Peter Murphy, Elizabeth Wilder, Naomi Satterlee, Sarah Wright and James Murphy all of full age and who are all and the only heirs at law and next of kin of the said deceased. And thereupon a citation was issued to said widow heirs at law and next kin citing them and each of them to appear before the Surrogate at his office in the Village of Gansevoort in said County of Saratoga on the 7th day of March 1875 at 10 o clock am to attend the proof and probate of said Will. And now at this day the said John Murphy again appeared and returned said citation with proof of the due and legal service of the same on all to whom directed and made application to have said will admitted to probate. And no one opposing the said will was produced and shown to the attesting witnesses thereto and the proof thereof was taken as follows: County of Saratoga Surrogates Court: In the matter of proving the last Will and Testament of Thomas Murphy deceased, Saratoga County ss Harlow Lawrence and Elisha J. Welch of the town of Northumberland in the County of Saratoga 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 Thomas Murphy late of the town of Northumberland in the County of Saratoga aforesaid 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 27th day of March in the year one thousand eight hundred and seventy two 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 requ3st 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, Harlow Lawrence and Elisha J. Welch. Subscribed and sworn this 7th day of March 1874 before me. C. Waldron, Surrogate And it appearing from the proof so taken that said instrument was duly executed and that said testator was at the time of executing the same in all respects competent to devise real estate and not under restraint. And the said Surrogate having inquired into the facts and circumstances and being satisfied of the genuineness and validity of said instrument, and no objection being made thereto it is ordered adjudged and decreed that said instrument be admitted to probate as and for the last Will and Testament of the said Thomas Murphy deceased. And it is further ordered that said Will be recorded with the proof thereof, which said proof is hereinbefore recorded, and said Will is in the words and figures following to wit: In the name of God Amen. I Thomas Murphy of the town of Northumberland in the County of Saratoga and State of New York of the age of seventy one 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 devise all my personal and real estate of what nature or kind so ever to my wife Hannah Murphy after my debts and funeral expenses have been paid to be used and enjoyed by her during the term of her natural life or she remains my widow to be accepted and received by her in lieu of dower and from and immediately after her decease or marriage I give and devise the same unto my children Mary McGowan, John Murphy, Martha Carter, James Murphy, Elizabeth Wilder, Naomi Satterlee, Peter Murphy and Sarah Wright to be equally divided between them share and share alike and if any of my said children are not living at the time of such division, or if dead and no child or children of such children are living then and in that case the same shall be divided equally between the survivors of my children but if either of my above named children shall have left child or children surviving them, then such portion as would have been given to such deceased had he or she been living shall be divided between such children of him or her who is dead the portion that shall belong to my daughter Mary McGowan in such division. I direct my executors to invest in such a manner as to them may be most safe and judicious and the same to be used economically for the support and maintenance of the said Mary McGowan during her natural life and at her death whatever may remain of such portion I give and bequeath unto my grandson Andrew McGowan his heirs and assigns forever. And lastly I do hereby nominate and appoint my wife Hannah Murphy to be executrix and my son John Murphy to be executor of this my last Will and Testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this twenty seventh day of March in the year of our Lord one thousand eight hundred and seventy two. Thomas Murphy SS The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Thomas Murphy as and for his last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. Harlow Lawrence residing at Gansevoort in Saratoga County Elisha J. Welch residing at Northumberland in Saratoga County Saratoga County, ss: I Cornelius A. Waldron Surrogate of said County do hereby certify the foregoing to be a true record of the last will and Testament of Thomas Murphy deceased relating to real and personal estate and of the proof thereof taken before me on the 7th day of March 1874. C.A. Waldron, Surrogate