WILL: Peter Murnaghan; Romulus, Seneca co., NY surname: Murnaghan, Hawks submitted by Andrew Nagley (anagley @ hotmail.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Andrew Nagley Seneca co NY Will Book Vol. S, page 197 SURROGATE'S COURT Last Will and Testament of Peter Murnaghan Deceased. Be it Remembered, that heretofore, to-wit: on the 2nd day of September in the year of our Lord one thousand eight hundred and ninety- three Audrey J Bartlett Executor named in the Last Will and Testament of Peter Murnaghan late of the Town of Romulus in the County of Seneca, deceased, appeared in open Court, before the surrogate of the county of Seneca, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said Testator, and all persons in being who would take any interest in any portion of the real or personal property of said deceased under the provisions of said will, and the Executor or trustee named therein, and their respective residences, and said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin of said deceased, and said persons, by their respective names, requiring them to appear before said Surrogate at his office in the village of Ovid in said County, on the 25th day of September A.D. 1893 to attend the Probate of said Will. And afterwards, to-wit: on the 25th day of September A.D. 1893 satisfactory evidence was produced and presented to said Surrogate of the due service of said Citation and admission of Service in the mode prescribed by law. And the matter having been therefor duly adjourned until September 26th, 1893, on which day the appearances were as before. And on that day September 26th 1893 no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards that said Surrogate took the proofs of said Will hereinafter set forth upon this 25th day of September 1893 and he thereupon adjudged the said Will to be valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Will and Testament and proofs are as follows to say: The Last Will and Testament of Peter Murnaghan, Of the town of Romulus County of Seneca and State of New York. I, Peter Murnaghan, being of sound mind and memory, aware of the uncertainty of life and certainty of death, and desirous of making an equitable and proper disposition of my property at my decease, I do make, ordain, publish and declare this to be my last Will and Testament, in manner and from following, that is to say: First: That after all my just debts are paid, and a suitable monument erected to my memory not to exceed fifty dollars, by my Executors, the balance of the monies arising from the sale of my personal estate, be used in the payment of the small legacies herein made. And the residue, if any, shall be paid by them to my sons James and John Murnaghan, share and share alike. Second, I will and bequeath to my daughter Bridget Hawks, the Melodeau, now in my dwelling; also Five dollars in money, to be paid from the proceeds of the sale of my personal estate. Third, I will and bequeath to my daughter Ann Ward, the sum of Five dollars, to be paid from the proceeds of the sale of my personal estate. Fourth, I will and bequeath to my son Peter Murnaghan, now residing in the State of Michigan, the sum of Five dollars, to be paid from the proceeds of the sale of my personal estate. Fifth, I will and bequeath to my daughter Mary McGreghan, the sum of Five dollars, to be paid from the proceeds of the sale of my personal estate. Sixth, I will and bequeath to my son Henry Murnaghan the sum of Five dollars, to be paid from the proceeds of the sale of my personal estate. Seventh, I will and bequeath to my daughter Sarah O'Connell, the sum of Five dollars, to be paid from the proceeds of the sale of my personal estate. And I also will and direct that my sons James and John Murnaghan, shall pay to my daughter Sarah, the money that she loaned them; also the Twenty-five dollars that my said daughter loaned to me. But said sums are to be paid without interest, share and share alike by each. Said money to be paid within three years from the date of my deceased. The same to be a charge against the land herein willed and devised to my said sons until paid. Eighth: I will and direct that my son John shall pay to my son James, Two Hundred dollars in four annual payments of fifty dollars each, without interest; the same to be paid in four years from the date of my deceased. And the same shall be a charge upon the lands herein devised to my son John until paid. Ninth: I will, devise and bequeath to my sons James and John Murnaghan, the farm whereon I now reside, containing One Hundred acres of land, more or less, jointly, share and share alike, subject to all claims now existing or may exist at the time of my decease; and to all charges made against it by this my last will and testament. Lastly: I will, devise and bequeath to my sons James and John, the residue of all real and personal property not herein devised, that I may die seized, share and share alike. Likewise: I make, constitute and appoint Andrew J. Bartlett, of the town of Romulus, county of Seneca and State of New York, to be my Executor of this my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, this eight day of June, in the year of our Lord, one thousand eight hundred and eighty-six. Peter Murnaghan (L. S.) The foregoing instrument was at the date thereof subscribed by Peter Murnaghan, the testator therein named, in the presence of us and each of us; he at the time of making such subscription, acknowledged that he executed the same, and declared the said instrument so subscribed by him, to be his last Will and Testament. Whereupon we, at his request and in his presence and in the presence of each other, do here subscribe our names as witnesses thereto. Henry J Van Welt, residing at Ovid, N.Y. Frank Baumer, residing at Ovid, N.Y. SURROGATE'S COURT Last Will and Testament of Peter Murnaghan Deceased. Seneca County, ss: Henry J. Van Wert and Frank Baumer being first duly sworn in open Court upon their several corporeal oaths. Each for himself doth depose and say, that they are subscribing witness to the Last Will and Testament of Peter Murnaghan late of the town of Romulus in the county of Seneca and State of New York, deceased. And these deponents do further say that the said Peter Murnaghan deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 8th day of June one thousand eight hundred and eighty-six. 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; and these deponents did thereupon subscribe their own respective names at the end of said instrument as attesting witness to the execution thereof, each at the request of the said deceased, and in his presence, and the presence of each other. That the said deceased, at the time of so subscribing his name to the said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as, deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign the other's name to the said instrument in the presence of the said deceased. Subscribed and sworn to before me, Hnry J. Van Wert This 26th day of September, 1893 Frank Baumer William C. Hazelton, Surrogate. At a Surrogate's Court, held at the Surrogate's Office in Ovid in and For the County of Seneca, on the 26th day of September 1893. Present, William C. Hazelton In the Matter of Proving the Will of Peter Murnaghan Deceased Satisfactory proof having been made and filed of the due service of the citation heretofore issued in this matter, requiring the heirs at law and next of kin, and all persons in being who would take any interest in any portion of the real or personal property of said deceased under the provisions of said will, and the Executor or Trustee named therein, to appear in this Court, on the 25th day of September A.D. 1893, at 10 o'clock in the forenoon to attend the Probate of the Last Will and Testament Peter Murnaghan late of the Town of Romulus in the County of Seneca and State of New York, deceased, bearing date the 8th day of June 1886; and Andrew J. Bartlett the executor named in said Will, the petitioner herein, having appeared in person and by Attorney in support of the proof of the same; and the matter having been, thereupon duly adjourned until September 26th, 1893, at Ovid, aforesaid, on which day the appearances were as before and witness having been examined, and proofs taken, and the said Surrogate having heard the proofs and allegations of the parties, and mature deliberation being had thereon, the Probate of said Will not having been contested. IT IS ADJUSTED AND DECREED, THAT said instrument in writing, purporting to be the Last Will and Testament, of the said Peter Murnaghan deceased, was properly executed, that the same is genuine and valid, and that the said Peter Murnaghan deceased, at the same time of executing the same, was in all respects competent to make a last Will and Testament, and to devise real estate, and was not under restraint or undue influence. And this Court doth further ORDER AND DECREE that the said Last Will and Testament, and proofs and examination taken in respect to the same be recorded, and that the said instrument be admitted to probate, and that the same be and hereby is established as a Will valid to pass real and personal estate. William C. Hazelton, Surrogate. Seneca County, ss: It appearing upon the proofs duly taken in respect to the LAST WILL AND TESTAMENT of Peter Murnaghan late of the Town of Romulus in the County of Seneca and State of New York, deceased, that the said Will was duly executed, and that the said Peter Murnaghan deceased, at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said Last Will and Testament and the proofs and examination are hereby recorded, signed and certified by me, this 26th day of September 1893. William C. Hazelton, Surrogate.