WILL: John Murphy; Northumberland, 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 *********************************************************************** John Murphy Town of Northumberland, Saratoga County Will book vol. 45 page 232 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 8th day of October, 1914. 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 Eighth day of October, 1914, John W. Murphy of the town of Northumberland, 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 John Murphy dated July 4, 1910, 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, it appearing there were no parties entitled to the issue and service of any citation, the issue and service of any citation herein was dispensed with. 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 Daniel Washburn and Flora Maud Washburn of the Town of Northumberland, 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 John Murphy late of the town of Northumberland 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 4th day of July in the year One Thousand Nine Hundred and Ten; 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 8th day of October, 1914, before me Wm. S Ostrander, Surrogate 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 qualifying as provided by law. It is further ordered that said Will be recorded with the foregoing proof thereof which said Will as follows, to-wit: I, John Murphy of the Town of Northumberland, County of Saratoga, State of New York, do hereby make and publish this my last Will and Testament in the manner following, to wit: First, I direct that all my just debts by paid and my funeral expense and charges of administrating of my estate. Second. After paying said debts and charges and expenses, I devise and bequeathe all my estate both real and personal of every name and nature to my beloved wife Sarah Murphy during the term of her natural life to use the same the income rents and profits thereof and so much of the principle as she may require for her comfort and support during said term, and at her death I do will and direct that what remains of my said estate unexpended at the death of my said wife Sarah be given to my son John W. Murphy. Third. I do hereby appoint my beloved wife Sarah Murphy as administratrix and my son John W. Murphy as administrator of my said estate heretofore devised and willed by me. Signed this day 4 of July, 1910. John Murphy, L.S. Signed, published, and declared by the said testator John Murphy as written on the foregoing page to be his last will and testament in the presence of us who have signed our names at his request as witnesses in his presence and in the presence of each other. Daniel Washburn, witness Flora Maud Washburn, witness, residing at Gansevoort, NY 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 John Murphy, aforesaid, deceased, relating to both real and personal estate; together with the proofs thereof. Recorded on the 8th day of October, 1914. George O. Tuck Clerk Surrogate's Court