WILL: Honora Murphy; Waterford, Saratoga co., NY surname: Murphy, 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 *********************************************************************** Honora Murphy Town of Waterford, Saratoga County Will book vol. 42 page 587 Transcribed from SAMPUBCO copy At a Surrogate's Court, held in and for the County of Saratoga, at the Chambers of the Surrogate's Court, in the village of Saratoga Springs, on the 27th day of Jun, 1910, Present: -Hon. Wm. S. Ostrander, Surrogate. Be it remembered, that a Surrogate's Court held in and for the County of Saratoga, at the Village of Saratoga Springs, on the 12th day of May, 1910, James H. Glavin of the town of Waterford in the county of Saratoga, the person named as Executor in a certain instrument in writing purporting to be the Last Will and Testament of Honora Murphy dated December 12, 1908, duly appeared and presented to the Court a written petition, duly verified, describing the Will, setting forth the facts upon which the jurisdiction of said Court to grant Probate thereof depends and praying that the Will might be probed and that the persons required by law might be cited to attend the Probate thereof: And thereupon, waivers of the issuing and service of any citation herein and consenting that said will be admitted to probate, were duly made and filed by John J. Murphy, William H. Murphy, Joseph Murphy, and a citation was issued to Jeremiah Murphy, the persons required by law to be cited, requiring them to appear before our said Surrogate, at his office in the Village of Waterford in the county aforesaid on the 27th day of June, 1910, to attend the Probate of said Will; at which time and place the petitioner appeared and returned said Citation with proof of the due service thereof upon all the persons to whom the same was directed. And thereupon, no one opposing, the Surrogate caused the witnesses to said will to be examined before him and the proofs to be reduced to writing, which proofs were as follows: Saratoga County, ss: Andrew McDermott and George A. Dunnigan of the village of Waterford, in the County of Saratoga being duly sworn on their oath do depose and say that they are subscribing witnesses to the Last Will and Testament of Honora 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 their 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 12th day of December in the year One Thousand Nine Hundred and eight 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 the said instrument as attesting witnesses to the execution thereof, at the request of the 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 of belief of these deponents. Subscribed and sworn this 27th day of June, 1910, before me Andrew McDermott Geo. A. Dunnigan Wm. S. Ostrander, Surrogate And it now appearing from the proof so taken that said instrument was duly executed and that the testatrix, at the time of executing the same, was in all respects competent to make a will and was not under restraint; and our said Surrogate having inquired particularly into all the facts and circumstances, and being satisfied of the genuineness of the will and the validity of its execution, and no objection being made thereto, It is ordered, Adjudged, and Decreed, that said instrument be and it is hereby admitted to probate as and for the Last Will and Testament of the said deceased valid to pass both real and personal property and that Letters Testamentary be issued to the Executor named in said will upon his qualifying as provided by law. And it is further ordered, that said Will be recorded with the foregoing proof thereof, which said Will is as follows, to wit: LAST WILL AND TESTAMENT I, Honora Murphy, of the Village of Waterford, 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 direct my Executor hereinafter named to cause to be erected a monument on the lot now owned by my in St. Mary's Cemetery at a cost of about Two hundred ($200.00) Dollars in case the same has not been erected prior to my decease. Third, I give, devise, and bequeath to my son Jeremiah Murphy, the sum of One ($1) Dollar. Fourth, I give, devise, and bequeath to my son John Murphy, the sum of One ($1) Dollar. Fifth, I give, devise and bequeath to my son Joseph Murphy, the sum of One ($1) Dollar. Sixth, I give, devise and bequeath all the rest and residue of my estate both real and personal and wheresoever situate to my son William H. Murphy absolutely. Lastly, I hereby appoint James H. Glavin of the village of Waterford, NY executor 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 Twelfth day of December in the year One thousand nine hundred and eight. Honora Murphy We, whose names are hereto subscribed, do certify, that on the 12th day of Dec, 1908, Honora Murphy, the testator subscribed her 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 be her 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. Andrew McDermott, residing at Waterford, NY Geo. A. Dunnigan, residing at Waterford, NY Wm. S. Ostrander, Surrogate Saratoga County, ss: I, George O. Tuck, Clerk of the Surrogate's Court in and for said County, do hereby certify the foregoing to be a true and correct record of the last Will and Testament of Honora Murphy, aforesaid, deceased, relating to both real and personal estate; together with the proofs thereof. Recorded on the 27th day of June, 1910. George O. Tuck Clerk Surrogate's Court