WILL; Leon Murphy; Northumberland, Saratoga Co., NY

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

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Transcribed by Terry Matuszyk (tmatuszy@nycap.rr.com) May 2002
from SAMPUBCO copy
Saratoga County NY Will Books Vol. 34 page 294

Leon Murphy
Town of Northumberland, Saratoga County

The last Will and Testament of Leon Murphy late of the town of Northumberland
in the County of Saratoga, deceased, relating to both real and personal
estate-Admitted to probate August 18, 1890.

     At a Surrogate's Court held in and for the County of Saratoga at the
Surrogates Office in the village of Saratoga Springs August 18, 1894.
     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 Saratoga Springs on the 18th day of August 1894,
James H. Chapman of the town of Northumberland in the County aforesaid, a
person named as executor in a certain instrument in writing purporting to be
the last Will and Testament of Leon Murphy dated June 6, 1894, duly appeared
and presented said Will for probate, and at the same time made satisfactory
proof that the said Leon Murphy died June 6, 1894, being at the time an
inhabitant  of said County of Saratoga , and that he left him surviving the
petitioner, the following his widow, only heirs-at-law and next of kin, all
persons in being who would take an interest in any portion of his real or
personal property under the provisions of said Will or otherwise and the
executors and trustees named and described therein, viz: James H. Chapman,
Melissa A. Murphy and John Murphy, all of whom named in writing the issuing
and service of any citation and consented that said Will be admitted to
probate forthwith.  Whereupon, it was shown to the attesting witnesses thereto
and proof was taken as follows:
     Saratoga County, ss:  Thomas Pierce and David Freebern of the town of
Northumberland in the County of Saratoga being duly sworn in open Court, on
their oaths, do depose and say, that they are subscribing witnesses to the
last Will and Testament of Leon 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 6th day of June in the year 1894.  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 0own 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
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.

Thomas Pierce 
David Freebern

Subscribed and sworn this 18th day of August, 1896 before me
E. H. Peters, 
Surrogate

     And it appearing from the proof so taken that said instrument was duly
executed, and that said testator at the time of executing the same was 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 and it hereby is admitted to probate as and for the last Will
and Testament of said 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 as follows, to wit:

                                                        Will 

In the name of God, Amen.  I, Leon Murphy of Gansevoort in the town of
Northumberland, County of Saratoga, State of New York, being of sound mind and
memory, and considering the uncertainty of this life, do therefore make,
ordain, publish and declare this to be my last Will and Testament, that is to
say:
First, After all my lawful debts are paid and discharged, I give and bequeath,
will and devise all my property and estate real and personal of every kind and
nature to my wife Melissa A. Chapman of Gansevoort, aforesaid.
     Likewise, I make, constitute and appoint James H. Chapman of Gansevoort
in County of Saratoga, State of New York, to be executor of this may 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 6th day of June in year 1894.

Leon Murphy, LS

     The above instrument, consisting of one sheet, was at the date thereof
subscribed by Leon Murphy, the testator named in the foregoing Will, in the
presence of us and each of us, and at the time of making such subscription the
above instrument was declared by the said testator to be his last Will and
testament and each of us at the request of each testator and in his presence,
and in the presence of each other, sign our names as witnesses thereto, at the
end of the Will

Thomas Pierce residing at Gansevoort, NY
David Freebern residing at Gansevoort, NY

Saratoga County, ss:  

I Elias H. Peters, Surrogate of said County so hereby certify the foregoing to
be a correct record of the last Will and Testament of Leon Murphy aforesaid,
deceased, relating to both real and personal estate, together with the proof
thereof.  Recorded August 18, 1894