WILL: Patrick Murphy; Halfmoon, Saratoga co., NY surname: Murphy, Walsh, Tyrrel, Lavin, Ferrill, Welch submitted by Teresa Matuszyk (tmatuszy@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 *********************************************************************** Patrick Murphy Town of Halfmoon, Saratoga County Will Book Vol. 29 page 67 Transcribed from SAMPUBCO copy The Last Will and Testament of Patrick Murphy, late of the town of Halfmoon, deceased, relating to both real and personal property recorded on the 22nd day of June, 1885 At a Surrogate's Court held in and for the County of Saratoga, at the Surrogate's Office in the village of Waterford on the 22nd day of June, 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 20th day of May, 1885, Michael Murphy of Troy, NY, the person named as executor 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 17th day of April, 1885, being at the time an inhabitant of said county of Saratoga, and that he left him surviving Bridget Murphy, his widow, and Catherine Walsh, Margaret Tyrrel, Thomas Murphy, John Murphy, Ann Lavin and the petitioner Michael Murphy, 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 widow and heirs at law and next of kin, citing them to appear before our said Surrogate at his office in the village of Waterford on the 22nd day of June, 1885, at 10 o'clock in the forenoon, at 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: Henry L. Haight and George Palmer of the town of Halfmoon 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 Halfmoon 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 purport to be the last Will and Testament of the said deceased, and which bears date on the 17th day of March in 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 or belief of these deponents. Subscribed and sworn this 22nd day of June, 1885, before me. Henry L. Haight George Palmer E. H. Peters, Surrogate And it appearing from the proof as 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 on 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 Patrick Murphy, deceased, 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 hereinbefore recorded, and said will is in the words and figures following, to wit: I, Patrick Murphy in the County of Saratoga and State of New York being of sound and disposing mind and memory do make and declare this to be my last will and testament, hereby revoking all former wills by me at any time heretofore made-and as to my worldly estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to wit: My will is that all my just debts and funeral expenses shall by my Executor hereinafter named be paid out of my estate as soon after my decease as shall by him be found convenient. I give devise and bequeath to my beloved wife Bridget Murphy all my household furniture to have and to hold the same to her and her Executors, Administrators and assigns forever. I also give and bequeath to her the use and income of all my real and personal estate of every name and nature to have and to hold the same to her for and during the term of her natural life. This bequest is given in lieu of dower. I give and bequeath to my daughter Margaret Ferrell Three Hundred Dollars in money to be paid to her by my executor hereinafter appointed within three months after the decease of my wife Bridget Murphy. I give and bequeath to my daughter Catherine Walsh Three Hundred Dollars in money to be paid to her by my executor hereinafter named within three months after the decease of my wife Bridget Murphy. I give and bequeath to my daughter Ann Lavin Two Hundred Dollars in money to be paid to her by my executor hereinafter named within three months after the decease of my wife Bridget Murphy. I give and bequeath to my son Thomas Murphy One hundred and fifty Dollars in money to be paid to him by my executor hereinafter named within three moths after the decease of my wife Bridget Murphy. I give and bequeath to my son Michael Murphy One Hundred dollars in money to be paid to him by my executor hereinafter named within three months after the decease of my wife Bridget Murphy. I give and bequeath to my son John Murphy One Hundred and fifty Dollars in money to be paid to him by my executor hereinafter named within three months after the decease of my wife Bridget Murphy. I give and bequeath to my Grandson John Walsh One Hundred Dollars in money to be paid by my executor within three months after the decease of my wife Bridget Murphy. I give and bequeath to my Grand Daughter Josephine Ferrill One Hundred Dollars to be paid to her by my executor within three months after the decease of my wife Bridget Murphy. I give and bequeath to my Grand Daughter Mary Welch One Hundred Dollars in money to be paid to her by my executor within three months after the decease of my wife Bridget Murphy. All the rest and residue of my estate real personal or mixed which may be left after the decease of my beloved wife Bridget Murphy not hereinbefore provided for I give and bequeath to be equally divided between my Daughters Margaret Ferrill, Catherine Welch and Ann Lavin. And lastly I do nominate and appoint my son Michael Murphy to be the executor of my last Will and testament and hereby authorize and empower him if deemed for the best interest of my said wife to sell and convey my real estate or any part of parts thereof. In witness whereof I the said Patrick Murphy have to this my last will and testament consisting of one sheet of paper subscribed my name and affixed my seal this seventeenth day of March in the year of our Lord one thousand eight-hundred and eighty-five. Patrick Murphy, LS Signed sealed published and declared by Patrick Murphy as and for his last will and testament in presence of us and in the presence of each other have subscribed our names as witnesses thereto Henry L. Haight-Crescent, NY George Palmer-Halfmoon, NY Saratoga County, ss: I Charles H. Sturges, Clerk of the Surrogate's 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 Halfmoon in the county of Saratoga, deceased, relating to real and personal estate, together with the proof thereof. Recorded on the 22nd day of June, 1885