WILL: Edward Murphy; South Glens Falls, 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 *********************************************************************** Edward Murphy South Glens Falls, Saratoga County 43-215 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 16th day of December, 1911. Present-Hon Wm. S. Ostrander, 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 Sixth day of December, 1991, Michael G. Murphy of the city of Glens Falls, in the county of Warren and Catherine Murphy of the town of Moreau, in the county of Saratoga named as Executors in a certain instrument in writing purporting to be the Last Will and Testament of Edward Murphy dated September 23, 1911, 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 proved and that the persons required by law might be cited to attend the Probate thereof: And thereupon, a Citation was issued to Catherine Murphy, Johanna Murphy, Cornelius Murphy, Helen Lena Murphy, Dennis Murphy, Jeremiah Murphy and Catherine Murphy, the persons required by law to be cited, requiring 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, 1911 to attend the Probate of said Will; at which time and place the petitioner again 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: John Malan and Patrick Dineen of the village of South Glens Falls, and of the town of Moreau, 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 Edward Murphy late of the Village of South Glens Falls 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 23rd day of September in the year One Thousand Nine Hundred and Eleven; 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 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 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 18th day of December, 1911, before me John Malan Patrick Dineen George O. Tuck, Clerk Surrogates Court And it now 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 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 Executors named in said will upon their 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: I, Edward Murphy, residing at No. 13 Second Street in the Village of South Glens Falls, County of Saratoga, and State of New York, being of sound mind and memory, do make, ordain, publish and declare this to be my last will and testament, hereby revoking any and all former wills by me made. 1. I direct all my just debts and funeral expenses first be paid. 2. I give and bequeath all of my personal property unto my beloved wife Catherine Murphy, to be here absolutely and forever except that in the event that my daughter Lena Murphy shall marry, I direct that my said daughter Lena Murphy shall be paid the sum of five hundred dollars on her marriage out of my said personal property. 3. I give, devise and bequeath all of my real property unto my beloved wife Catherine Murphy to have and to hold the same for and during the term of her natural life. 4. Subject to the foregoing life estate of my said wife Catherine Murphy, I give and devise my house, lot and premises No. 13 Second Street in the Village of South Glens Falls, NY unto my daughters Johana Murphy and Catherine Murphy in equal shares absolutely and forever. 5. On the death of my beloved wife Catherine Murphy, I direct my executor and executrix hereinafter named to sell my house, lot and premises No. 15 Second Street in the village of South Glens Falls, NY and to divide the proceeds of the sale of said property as follows: To my son Cornelius Murphy, the sum of five hundred dollars, which sum I give and bequeath to said Cornelius absolutely; to my son Jeremiah Murphy, the sum of five hundred dollars which sum I give and bequeath to said Jeremiah absolutely; to my executors and executrix hereinafter named the sum of one hundred dollars to be held by them in trust as follow; to receive the income of said sum and to apply the same to the use of my son, Dennis Murphy during his life and I direct my said executor and executrix to apply the principal of said trust fund, or any part thereof to the use of said Dennis Murphy whenever they shall deem it expedient to do so, and whatever shall remain of said trust fund on the death of said Dennis Murphy, if any, I give and bequeath to the next of kin of said Dennis Murphy, absolutely; and the balance, if any of the proceeds derived from the sale of said premises No. 15 Second Street aforesaid, I give and bequeath to my daughters Johana Murphy and Catherine Murphy in equal shares absolutely and forever. 6. I nominate and appoint as executor and executrix of this my last will and testament my friend Michael J. Murphy residing at No. 55 Second Street, Glens Falls, NY and my daughter Catherine Murphy. In witness whereof I have to this my last will and testament set my hand and seal this 23rd day of September, A.D. 1911. Ed. Murphy (Seal) Timothy I. Dillon, Glens Falls NY John Malan, So. Glens Falls NY Patrick Dineen, So. Glens Falls NY On this 23rd day of September, A.D. 1911 the above instrument was subscribed by Edward Murphy in the presence of us and each of us, he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be his last will and testament in the presence of us and each of us, who then and there at his request and his presence and in the presence of each other have hereunto signed our names as attesting witnesses. Timothy I. Dillon, Glens Falls NY John Malan, So. Glens Falls NY Patrick Dineen, So. Glens Falls NY Wm. S. Ostrander, Surrogate Saratoga County: SS I George O. Tuck, Clerk of the Surrogate's Court in and for the said County do hereby certify the foregoing to be a true and correct record of the last will and testament of Edward Murphy, aforesaid, deceased, relating to both real and personal estate; together with the proof thereof. Recorded on the 16th day of December, 1911 George O. Tuck Clerk Surrogate Court