WILL: Newell F. Murdock; Dundee, Yates co., NY surname: Murdock, Tennant, Tower submitted by Bonnie Bunce (bmbunce @ juno.com). *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcript of Last Will of Newell F. Murdock who died at Dundee, NY on 16 Jun 1906, filed at the Surrogate's Court for Yates County Penn Yan, New York. ____________________________________________________________ Last Will and Testament. N.F. Murdock ____________________________________________________________ I, Newell F. Murdock, of the village of Dundee, N.Y., do make, ordain, publish and declare this to be my last Will and Testament, in manner and form following, that is to say: I. I direct the payment of my just debts and of my funeral expenses. II. To my beloved sister, Emma Murdock Tennant, I give, devise and bequeath all my right, title and interest, being an undivided one half interest, in lands located on Springs Street, in Dundee, N. Y., bounded on the north by lands of Squire Coolbaugh and others; on the east by lands of said Emma Tennant on the south by the centre of said Spring Street and on the on the west by lands of George H. Harrington. III. In case I outlive the said Emma Murdock Tennant, then in that event, I devise and bequeath the said lands to my sons Charles and Kenneth, or to the survivor of them, subject to the life estate therein of my wife, Bertha Tower Murdock, as set forth in paragraph IV. of this Will. To my beloved wife, Bertha Tower Murdock, I give, devise and bequeath, all of my houshold furniture, fixtures, clothing and jewelry. IV. To my said wife, Bertha Tower Murdock, I give, devise and bequeath all the rest, residue and remainder of my property, both real and personal, for and during the term of her natural life, to have the use, income and benefits of the same, so long as she shall live; but with the exceptions and reservations hereinafter mentioned. So long as she shall so receive the benefits of said property, I will and direct, that from the income arising therefrom the taxes thereon be paid. That the buildings thereon be kept insured in a judicious amount. And that from the said rents and incomes the said buildings be kept in a reasonable and ordinary state of repair. V. To each of my sons, Alton Tower, Charles Marvin and Kenneth Ralph, I give and bequeath the sum of one thousand dollars ($1,000.00) to be paid to him from my personal estate, when he, each as aforesaid, shall arrive at the age of twenty-one years. VI. To my said son, Alton Tower Mudrock, I give, devise and bequeath, subject to the life estate of my said wife, mentioned in paragraph IV. above, my four tenths (4/10) interest in the business block property, located on Water and Union Streets, Dundee, N.Y., bounded on the north by lands of the Dundee State Bank; on the east by the centre of Water Street; on the south by the centre of Union Street and on the west by the lands of E. Vreeland and S. A. Price. VII. To my said sons, subject to the interest of my said wife, as aforesaid, or to the survivor or survivors of them, I give, devise and bequeath the house and lot where I now reside, located on Hollister Street in Dundee, N.Y., bounded on the north by the centre of Hollister Street; on the east by a line by a line paralel [sic] with the west line of said lot and extending from the the centre of said street to the south line of said lot, and being just two feet west of the Rhode house so called; bounded on the south by lands of S.A. Price and Mrs. Charles Bell and on the west by lands occupied by Albert Ovenshire. VIII. Subject the aforesaid interest of my said wife, I give, devise, aqnd bequeath to my said sons, Charles Marvin and Kenneth Ralph, or the suvivor of them, the brick block property on Main street, Dundee, N. Y., bounded on the north by lands of Leon C. Murdock; on the east by the centre of Main Street; on the south by the Presbyterian Church grounds and on the west by the lands of Mary Harrington and others. IX. Subject to said interest of my wife, I give devise and bequeath to my daughters, Ethel May Murdock and Mary Caroline Murdock, or the survivor, the house and lot in Dundee, N. Y., known as the "Rhode" house and lot, bounded on the north by the centre of Hollister street; on the east by lands of Jeanette A. Gay; on the south by the lands of Mrs. Charles Bell and others and on the west by lands now occupied by me as a dwelling, mentioned in paragraph VII., hereof. The west line of this lot being two feet west of the house thereon, having been changed by me after I acquired title to it. I desire the title to the several parcels of real estate herein devised and such as may hereafter be acquired by me, devised in paragraph X., hereof, to vest in the person or persons to whom devised immediately upon my death, subject to the life estate of my said wife. X. At the death of my said wife, or, in case I survive her, then at my death, I will and direct that all of my real estate, not herein specifically bequeathed and all my personal property be divided equally, share and share alike between my five children, Ethel May Murdock, Alton Tower Murdock, Mary Caroline Murdock, Charles Marvin Murdock and Kenneth Ralph Murdock, or the survivors of them, share and share alike. XI. To my two said daughters, Ethel May and Mary Caroline, I give devise and bequeath, to each, the sum of two thousand dollars, to be paid to them upon the death of my said wife, or in case I survive her, then at my death. XII. I hold a policy of life insurance upon the life of Robert S. Wall. The amount of the policy is $2,500.00 It bears date about May 31st. 1893 and was issued by the New York Life Insurance Company. I wish my executors to exercise their descretion [sic] whether they shall accept the cash surrender value of the same, from said company, or whether they shall carry the same until it's [sic] maturity. And I hereby empower them, if they think proper, to pay from the income of my estate, the premiums upon the same as they fall due. XIII. In case any of my real estate should be damaged by fire, the elements, or otherwise, I direct that my executors use the insurance and such sums in addition thereto from my personal estate, orfrom the income of my real estate, as they shall deem best, to repair, reconstruct or replace the buildings so damaged or destroyed. Such money to be so expended as to best subserve the ends of this will. The interests of the beneficiaries hereunder to remain unchanged by any such changes. XIV. The provisions herein to my beloved wife, Bertha Tower Murdock, are made in lieu of dower and are to be taken and accepted by her therefor. XV. I make, nominate and appoint my said wife, Bertha Tower Murdock and my brother Leon C. Murdock to be the executors and trustees of this, my will, with power to sell and convey by deed any real estate, not herein devised or any real estate hereafter acquired by me. I direct that they give no bonds and I desire and direct that they act jointly and advisedly with each other in all matters; that no loans be made nor changes affected by one without the consent and approbation of the other. In case of the death of my said wife before the youngest of my children attains his or her majority then I desire and direct that her said co-executor and co-trustee, Leon C. Murdock, should act as the sole executor and trustee hereof. In case of the death or other disqualification of said Leon C. Murdock before my youngest child shall attain his or her majority, I direct that the Surrogate appoint to act with my said wife an executor and trustee in the place and stead of the said Leon C. Murdock. I desire that my wife shall select such person with the approval of said Surrogate, with the restriction that such person shall be a resident of Dundee, N. Y., shall not be related in any way with my said wife nor be a relative of mine. I direct that in case of such substitution and appointment the person so substituted, shall give the usual bond of and for an administrator, in a sum fixed by the Surrogate; and I direct that the said bond be approved by the Surrogate. In witness whereof I have hereunto subscribed my name and affixed my seal this tenth day of February 1904. Newell F. Murdock [signed] We, whose names are hereto subscribed do certify that Newell F. Murdock, the testator subscribed his name to this instrument in our presence and in the presence of each of us. And, at the same time, he declared in our presence and hearng that the same was his last will and testament and he 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, the day of the date of the said Will. And we have written opposite our names our respective places of residence. Charles R. Tennant [signed] residing at Dundee Mary B. Harpending [signed] residing at Dundee, N.Y.