WILL: Catharine Murphy; Saratoga Springs, Saratoga co., NY surname: Murphy, Sullivan, Daly, Smith, Cunningham 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 *********************************************************************** Catharine Murphy Town of Saratoga Springs, Saratoga County Will Book vol. 35 page 506 Transcribed from SAMPUBCO copy The Last Will and Testament of Catharine Murphy, late of the Town of Saratoga Springs, in the County of Saratoga, deceased, relating to both real and personal estate. Admitted to probate December 31, 1896. At a Surrogates Court held in and for the County of Saratoga, at the Surrogate's Office in the village of Saratoga Springs on the 31st day of December, 1896. Present: Hon. 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 7th Day of December, 1896, Johanna Smith of the town of Saratoga Springs, in the County aforesaid, a person named as executrix in a certain instrument in writing purporting to be the last Will and Testament of Catharine Murphy dated May 1, 1896, duly appeared and presented said instrument for probate and at the same time made satisfactory proof that the said Catharine Murphy died September 27, 1896, being at the time an inhabitant of said County of Saratoga and that she left her surviving the following her only heirs-at-law and next of kin, viz: your petitioner, and Ellen Sullivan, Julia Daly, and Mary Cunningham. Thereupon a Citation was issued to these citing them to appear before our said Surrogate at his office in the village of Saratoga Springs, in the County aforesaid, on the 16th day of December, 1896, to attend the proof and probate of said Will. At which time and place the petitioner again appeared and returned said Citation, with proof of the due and legal service of the same upon all to whom it was directed and thereupon further proceedings were adjourned to December 31, 1896, at the same place. And now on this adjourned day the petitioner again appeared, and it appearing to said Surrogate that the said Mary Cunningham was an infant and had no testamentary or general guardian, William D. McNulty was duly appointed her Special Guardian for the sole purpose of taking care of her interest in the probate of said Will. And said Special Guardian accepted said appointment and appeared in person at said time and place; and thereupon, no one opposing said Will was shown to the attesting witnesses thereto, and proof was taken as follows: Saratoga County, ss: John H. Morris and Albert H. Cushing of the town of Saratoga Springs, in the County of Saratoga, being duly sworn in open court, on their oath, do depose and say, that they are subscribing witnesses to the last Will and Testament of Catherine Murphy late of the Town of Saratoga Springs, in the County of Saratoga, aforesaid, deceased. And these deponents further say that the said deceased did, in the presence of these deponents, subscribe her 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 first day of May in the year One Thousand Eight Hundred and Ninety Six, that the said deceased did, at the time of subscribing her name to said instrument as aforesaid, declare the same to be her last Will and Testament; that 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 her presence, and in the presence of each other. That the said deceased at the time of subscribing her name to said instrument as aforesaid was upwards of twenty-one years of age; that she 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 31st day of December, 1896, before me. John H. Morris Albert H. Cushing E.H. Peters, Surrogate. And it appearing from the proof so taken that the said instrument was duly executed and that the testatrix 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 said instrument be and is hereby admitted to probate as and for the Last Will and Testament of the 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 Catharine Murphy of the Village of Saratoga Springs, County of Saratoga and 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 unto my beloved daughter Johanna Smith of Saratoga Springs, NY all my real and personal estate of every name and nature wheresoever situated and to be used for the support, education, and maintenance of my granddaughter Mary Cunningham she being the infant daughter of my daughter Margaret Cunningham. Second, I hereby constitute and appoint my said daughter Johanna as Testamentary Trustee for my said granddaughter Mary Cunningham and give to my said daughter Johanna full power and authority to mortgage, sell or otherwise dispose of my property for the benefit of said granddaughter Mary Cunningham in any manner my said daughter sees fit. Third, in the event of the death of my said grandchild before or after she becomes of age or dies without issue then I bequeath all my property aforesaid to my beloved daughter Ellen Sullivan of Waterford, NY. Likewise, I make, constitute, and appoint my daughter Johanna Smith to be 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 and affixed my seal, the first day of May in the year one thousand eight hundred and ninety six. Catharine Murphy, ss X her mark Witnesses Albert H. Cushing John H. Morris The above instrument, consisting of one sheet was at the date thereof subscribed by Catharine Murphy, the testatrix 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 testatrix to be her last Will and Testament, and each of us, at the request of said Testatrix and in her presence, and in the presence of each other, sign our names as witnesses thereto, at the end of the Will. Albert H. Cushing, residing at Saratoga Springs, NY John H. Morris, residing at Saratoga Springs, NY Saratoga County, ss: I, Julia Avery Peters, Clerk of the Surrogate Court of said County, do hereby certify the foregoing to be a correct record of the Last Will and Testament of Catharine Murphy, aforesaid, deceased, relating to both real and personal estate, together with the proof thereof. Recorded March 20, 1897 Julia Avery Peters Clerk Surrogate's Court