WILL: John Murphy; Milton, Saratoga co., NY
surname: Murphy

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

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John Murphy
Town of Milton, Saratoga County
Will Book Vol. 39 page 325

Transcribed from SAMPUBCO copy

The Last Will and Testament of John Murphy, late of the town of Milton in the
County of Saratoga, deceased, relating to both real and person estate,
admitted to probate December 3, 1902.

At a Surrogate's Court held in and for the County of Saratoga, at the
Surrogate's Office, in the Village of Saratoga Springs on the 5 day of
December, 1902. Present:-Hon. Charles C. Lester, 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 27th day of October, 1902
Mary Murphy of the town of Milton in the County of Saratoga, person named as
Executrix in a certain instrument in writing purporting to be the Last Will
and Testament of John Murphy dated October 14, 1902, duly appeared and
presented said will for probate and at the same time made satisfactory proof
that the said John Murphy died October 18, 1902 being at the time an
inhabitant of said County of Saratoga, and that he left him surviving the
following his only heirs at law and next of kin, viz: Dennis Murphy, John
Murphy, Mary Murphy, James Murphy, and Leo Murphy. Thereupon, a Citation was
issued citing them to appear before our said Surrogate, at his office in the
Village of Saratoga Springs, in the County aforesaid, on the 20th day of
November 1902 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, no one opposing, said Will was shown to the attesting
witnesses thereto, and proof was taken as follows:

Saratoga County, ss: Vedder Gervin and Rhoda Thompson and Sylvester L. Corning
of the Town of Ballston Spa, 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 John Murphy, late of the Town of
Milton, 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 14th day of October in the year One
Thousand Nine Hundred and two. That the said deceased did, at the time of
subscribing his name to the said instrument as aforesaid, declare the same to
be his 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 decease, 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 to 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 3rd day of December, 1902, before me.

Vedder Gervin
Rhoda Thompson
Sylvester L. Corning

Charles C. Lester, Surrogate

And it appearing from the proof so taken that said instrument was duly
executed and that the 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 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, John Murphy of the town of Milton in the County of Saratoga and State of
New York, being of sound mind and memory do make publish and declare this my
last Will and Testament, in manner following, that is to say:

FIRST, I direct that all my just debts and funeral expenses be paid.

SECOND, I give devise and bequeath to my daughter Mary Murphy all my property
both real and personal of every name and nature.

LASTLY, I hereby appoint my daughter Mary Murphy 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 the 14th day of October
in the year of our Lord one thousand nine hundred and two.

Vedder Gervin
Rhoda Thompson
Sylvester L. Corning.

John Murphy X
His mark

We whose names are hereto subscribed, DO CERTIFY, that on the 14th day of
October John Murphy the testator, subscribed his name to this instrument in
our presence and in the presence of each of us, and at the same time in our
presence and hearing, declared the same to e his last Will and Testament, and
requested us and each of us to sign our names thereto as witnesses to the
execution thereof which we hereby do in the presence of the testator and of
each other, on the said date, and write opposite our names our respective
places of residence.

Vedder Gervin residing at Ballston Spa, NY
Rhoda Thompson residing at Ballston Spa, NY
Sylvester L. Corning residing at Ballston Spa, NY

Charles C. Lester
Surrogate