WILL: William H. 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 *********************************************************************** William H. Murphy Town of Waterford, Saratoga County Willbook vol. 43 page 575 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 12th day of August 1913. Present: Hon Wm. S. Ostrander, Surrogate. Be it Remembered, that s Surrogate's Court held in and for the County of Saratoga, at the Village of Saratoga Springs, on the Twentieth day of June, 1913, Thomas J. Dunn, 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 William H. Murphy dated September 26, 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 grand 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 A. Jeremiah Murphy, Joseph R. Murphy and John 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 11th day of August, 1913 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: Elizabeth G. Hobbins of the city of Amsterdam, in the county of Montgomery and State of New York, and J. William Atkinson of the Town of Waterford, in the County of Saratoga, New York being duly sworn on their oath, do depose and say that they are subscribing witnesses to the Last Will and Testament of William H. 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 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 26th 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 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 11th day of August, 1913, before me George O. Tuck Clerk Surrogates Court J.W. Atkinson Elizabeth G. Hobbins 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 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: I William H. Murphy, of the village of Waterford, in the County of Saratoga, and State of New York, do make, publish and declare my last will and testament as follows: First, I give, devise and bequeath unto my brother, Joseph Murphy the house and lot owned by me and situate on the southwest corner of Fourth and Ballston Streets in the Village of Waterford, New York, also the house and lot situated on the southeast corner of Fourth and Ballston Streets, in said village. Second, I give, devise and bequeath unto my brother, John Murphy, the house and lot owned by me and situate on the southwest corner of Fourth and Hudson Streets, in the village of Waterford, aforesaid. Also, the house and lot situated on the southwest corner of the alley and Ballston Streets, west of Fourth Street in said village. Third, I give, devise and bequeath to the Rev. Father Vallequette the sum of Five Hundred Dollars to be used by him for the purchase of a window in the new St. Mary's Catholic Church of Waterford, aforesaid, to be properly inscribed to the memory of my father and mother. Fourth, I order and direct my Executor hereinafter named to expend the sum of Two Hundred Dollars for masses for myself and father and mother and bothers. Fifth, I give, devise and bequeath to my executor hereinafter named the sum of Three Hundred Dollars, In Trust, to invest and re-invest the same, and to use the income there from in the care of my lots in St. Mary's Cemetery, Waterford, New York. Sixth, I give, devise and bequeath to Mrs. Rosa Manion, of Waterford, aforesaid, the sum of Four Hundred Dollars. Seventh, I give, devise and bequeath unto my friend, Miss Nellie Connors of No. 23 Vliet Street, Cohoes, N.Y. the sum of Five Hundred Dollars. Eighth, I give, devise and bequeath unto my brother, Jeremiah Murphy, all the rest, residue and remainder of my estate, real and personal. Lastly, I hereby nominate, constitute and appoint Thomas J. Dunn, of the village of Waterford, aforesaid, Executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal this 26th say of September, A.D. 1911. Wm. H. Murphy (L.S.) The forgoing instrument was on the day of the date thereof signed, published and declared by William H. Murphy the testator therein named, as for and to be his last will and testament in the presence of us, who, at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses. J.W. Atkinson, Waterford, NY Elizabeth G. Hobbins, Amsterdam, 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 William H. Murphy, aforesaid, deceased, relating to both real and personal estate; together with the proofs thereof. Recorded on the 12th day of August, 1913 George O. Tuck Clerk Surrogate's Court