WILL: John Magoffin; Schenectady, Schenectady co., NY
surname: Magoffin, McAuley, 

submitted by Kim Sanders (kimhere @ shaw.ca)
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http://www.usgwarchives.org/ny/nyfiles.htm
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Transcribed from SAMPUBCO photocopy by Kim Sanders
Schenectady co NY Will Book Vol. A page 300

The last Will and Testament of John Magoffin
    In the name of God Amen, This twenty fifth day of October in the year of
our Lord one thousand eight hundred and fifteen, I John Magoffin of the city
of Schenectady and State of New York at this present time being weak of body
and of perfect mind & memory considering the mortality of my body do make &
ordain this my last Will & Testament in the following manner & form That &
principally I recommend my soul into the hands of God who gave it hoping
through the merits of Jesus Christ to recieve a pardon of my sins & to inherit
eternal life & as for my body I recommend it to the earth to be decently
buried without pomp or any unnecessary expences agreably to the directions of
my Executors herein after named As touching such temporal estate as it has
pleased God to bestow upon me in this lifeI give devise and bequeath & dispose
of the same in the following manner and form

First  It is my will & I do ordain that all my just debts & funeral charges be
first fully paid & satisfied by my Executors out of my estate -

Secondly  I give devise & bequeath unto my eldest Son James C. Magoffin the
sum of Eight thousand Dollars to be paid to him by my executors within one
month after my decease out of my estate in manner following one half thereof
in cash & the remaining half in Bank Stock computed at & after the rate of
fifteen per cent advance above the nominal amount to be transferred by my
Executors

Thirdly  I give devise & bequeath unto my second son Joseph Magoffin the sum
of Nine thousand Dollars to be paid to him by my Executors within one month
after my decease in manner following one half thereof in cash & the remaining
half in Bank Stock computed at & after the rate of fifteen per cent advance
above the nominal amount to be transferred by my Executors ; provided he
should then be of lawful age but should he not be of lawful age at the time of
my descease then it is my will & I do direct that my said Executors place the
same at Interest for the said Joseph untill he shall be come of age & apply
the Interest arising therefrom of so much thereof as they shall deem necessary
to the maintenance & education of the said Joseph, during his minority & on
his becoming of lawful age, I do order and direct my said Executors to pay the
said Joseph the said Nine Thousand Dollars in manner aforesaid with so much of
the Interest as shall so have arisen therefrom as aforesaid & not been
expended on the maintenance & education of the said Joseph as aforesaid & I
declare as the reason for making Joseph's portion more than that of James,
that it will require at least one thousand Dollars to be expended on Joseph's
Education to advance him to the point James has attained.

Fourthly.  I give devise & bequeath unto my Daughter Mary the Wife of Thomas
Mc Auley the sum of Seven thousand Dollars to be paid to her within one month
after my decease by my Executors out of my estate in manner following One half
in cash & the remaining half in Bank Stock to be computed at & after the rate
of fifteen per cent advance above the nominal amount to be transferred to her
by my Executors & I do hereby release & discharge the said Mary & the said
Thomas Mc Auley from all debts & accounts dues & demands, arising from any
advances made by me, in my life time to the said Mary or to the said Thomas
for or on account of said Mary for which there will be found any charge or
entry on my Books against the said Mary or Thomas -

Fifthly  I give devise & bequeath to my Daughter Betsy Magoffin the sum of
eight thousand Dollars to be paid to her within one month after my decease
by my Executors out of my Estate in manner following One half in cash the
remaining half in Bank Stock to be computed at & after the rate of fifteen per
cent advance above the nominal amount to be transferred to her by my Executors
-
Sixthly  I give devise & bequeath to my Daughter Hannah Magoffin the sum of
Eight Thousand Dollars to be paid to her by my Executors out of my Estate
within one month after my decease in manner following one half in cash & the
remaining half in Bank Stock to be computed at & after the rate of fifteen
per Cent advance above the nominal amount to be transferred to her by my
Executors provided she be then married or of age; but if neither be the case
then my Executors shall place the same at Interest for her during her
remaining so unmarried or under age & shall apply the Interest or so much
thereof as they shall deem necessary to the maintenance and education of the
said Hannah during her minority or ramaining single as aforesaid & I do order
& direct my said Executors on the said Hannah's so marrying before she comes
of age or on her coming of age to pay her the said Eight thousand Dollars in
manner aforesaid together with so much of the Interest as shall so have arisen
thereupon & remains unexpended for her maintenance & education as aforesaid
Seventhly  I give devise & bequeath to my Daughters Betsy Magoffin & Hannah
Magoffin my Piano Forte -

Eightly  I give devise & bequeath unto my beloved Wife Catharine Magoffin all
the rest & residue of my Estate both real and personal to have & to hold the
same to her, her heirs & assigns forever & in particular I give devise &
bequeath unto the said Catharine all my household furniture & all the real &
personal Estate that fell to her or to me as her Husband on the Death of her
Father & out of her Fathers Estate to hold to her her heirs & assigns forever
-

Ninthly.  I hereby nominate constitute & appoint my beloved son James C.
Magoffin & my worthy friend & son in law Thomas Mc Auley of the city of
Schenectady & county of Schenectady to be my Executors of this my last Will &
Testament -

Lastly  I hereby revoke disannull & make void all my Wills & Testaments by me
at any time heretofore made allowing, confirming & declaring this & no other
to be my last Will & Testament.

In witness whereof, I, John Magoffin the said Testator of this my Will &
Testament have hereto set my hand & seal the day and year above written. -
Signed, sealed published Declared &)                   
Delivered by the said Testator John)
 John Magoffin/L.S.\

Magoffin as his last Will & Testament)                    
in the presence of us as witnesses thereof)
who have hereton subscribed our names as) 
such in the presence of the Testator &)
of each other
Robert Hudson
Nichs F. Beck
George M. Robinson
/
Schenectady County ss
Be it remembered that on the twentyninth day of October in the year of our
Lord one thousand eight hundred and sixteen personally appeared before me John
Yates Surrogate of the county of Schenectady Nicholas F. Beck one of the
subscribing witnesses to the last Will & Testament of John Magoffin of the
second ward of the city & county of Schenectady deceased who being duly sworn
on his oath declared that he saw the aforesaid deceased sign & seal the
Instrument hereunto annexed purporting to be the last Will & Testament of him
the said deceased & heard him declare the same as & for his last Will and
Testament, that at the time of executing the same he was of a sound disposing
mind memory and understanding according to the best Knowledge & belief of him
the said Deponent: that his name subscribed thereto as Witness is of his own
proper handwriting & that he did also see Robert Hudson & George M. Robinson
the other witnesses subscribe their names thereto in the presence of the
Testator -

Be it also remembered that on the day & year last aforesaid James C Magoffin
& Thomas Mc Auley the Exceutors nominated in the preceeding Will likewise
personally appeared before me the aforesaid Surrogate: & duly qualified to the
faithful performance & execution of the same by taking the usual oath in such
cases made and provided -

John Yates Surrogate of the County of Schenectady