WILL: Patrick Murphy; Waterford, Saratoga co., NY
surname: Murphy, Powers

submitted by Teresa Matuszyk (tmatuszy@nycap.rr.com)

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Patrick Murphy
Town of Waterford, Saratoga County
Will Book vol. 29 page 1

Transcribed from SAMPUBCO copy

The last Will and Testament of Patrick Murphy of the town of Waterford,
deceased, relating to both real and personal property, recorded on the 27th
day of April, 1885.

At a Surrogates Court held in and for the County of Saratoga, at the
Surrogate's Office in the Village of Waterford, on the 27th day of April,
1885. Present, Elias H. Peters, Surrogate

Be it remembered that at a Surrogate's Court held in and for the County of
Saratoga, at the village of Waterford, on the 23rd day of March 1885, Alice
Murphy, of Waterford, aforesaid, the person named as executrix in a certain
instrument in writing purporting to be the last Will and Testament of Patrick
Murphy, appeared and presented said Will for probate, and at the same time
made satisfactory proof that the said Patrick Murphy died on the 4th day of
March, 1885, being at the time an inhabitant of said county of Saratoga, and
that he left him surviving the petitioner, Alice Murphy, his widow, and Thomas
A. Murphy, Edward Murphy, John P. Murphy, Ellen Murphy and Mary Powers, who
are all and the only heirs at law and next of kin of the said deceased; and
thereupon a citation was issued to the said heirs at law and next of kin,
citing them to appear before our said Surrogate at his office in the village
of Waterford aforesaid, on the 27th day of April, 1885 at 10 o'clock in the
forenoon, to attend the proof and probate of said Will, at which time and
place the said petitioner again appeared and returned said citation with proof
of the due and legal service of the same upon all to whom directed; and the
said petitioner produced said Will and made application to have the same
admitted to probate, and no one opposing, the said Will was shown to the
attesting witnesses thereto and the proof was taken as follows:

Saratoga County:ss
Thomas O'Connor and John E. Gage, both of the town of Waterford 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
Patrick Murphy, late of the town of Waterford 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
fourth day of March in the year one thousand, eight-hundred and eighty-five,
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 and belief of these deponents.
Subscribed and sworn this 27th day of April, 1885, before me.

T. O'Connor
J. E. Gage

E. H. Peters, Surrogate

And it appearing from the proof so taken that said instrument was duly
executed, and that the said testator was, at the time of executing the same,
in all respects competent to devise real estate, and was not under restraint
and our 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 the
said instrument be admitted to probate as and for the last Will and Testament
of the said deceased, Patrick Murphy, valid to pass both real and personal
estate. And it is further ordered that said Will be recorded with the proof
thereof, which proof is heretofore recorded, and said Will is in the words and
figures following, to wit:

The Last Will and Testament of Patrick Murphy of the Town of Waterford, county
of Saratoga, and state of New York.

I, Patrick Murphy, do make this my last will and testament as follows:

1. I give and devise all my real property and estate to my son Edward subject
to the payment of all my debts, which I desire paid out of the realty and not
from my personal property.

2. I give and bequeath all the real residue and remainder of my property of
every description to my wife Alice and hereby appoint her 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 this 4th day of March,
1885

Patrick Murphy (L.S.)

The forgoing instrument was at the date thereof subscribed by the said Patrick
Murphy, in our presence, and he at the same time declared the same to be his
last will and testament and requested us to sign our names as witnesses which
we do in his presence, and in the presence of each other.

T. O'Connor residing at Waterford, Saratoga County, NY
J. E. Gage residing at Waterford, Saratoga County, NY

Saratoga County, ss: I, Charles H. Sturges, Clerk of the Surrogates Court of
the county of Saratoga, do hereby certify the foregoing to be a true record of
the last Will and Testament of Patrick Murphy, late of the town of Waterford
in the County of Saratoga, deceased, relating to real and personal estate,
together with the proof thereof. Recorded on the 27th day of March, 1885

C. H. Sturges,
Clerk of the Surrogate Court