Schoharie County NYGenWeb Site
Submitted by Karen Dakan, FL
LAST WILL AND TESTAMENT OF TIMOTHY MURPHY
In the name of God, Amen. I Timothy Murphy of the town of Middleburgh in the County of Schoharie, being weak in body but of sound mind and perfect memory. Blessed be the Almighty God for the same do make and publish this my last will and testament in manner and form following:
Firstly, I give and devise to my son Jacob and to my son in law Eben G. Foster, to their heirs and assigns, all my rights title and interests to the two following lots and parcels of land situate lying and being in the town of Middleburgh, the one lot in known and distinguished as number one hundred and ten in Brown's Patent. The other lot I purchased of Jacob Feeck, junior and being of a lot purchased by Philip Becker and Nicholas Feeck of Peter Smith and being in Brown's Patent lying west of the public highway and contiguous to the Stoney Creek.
Secondly, I give and devise to my two sons, Jacob and Peter, their heirs and assigns all my real estate lying and being in the town of Middleburgh, County aforesaid, except the lands herein otherwise disposed of, and except also the lands left by my first wife, with the hereditaments and appurtenances thereunto belonging.
Thirdly, I give and devise to my son, John, the easterly part of the farm in the town of Worcester in the County of Otsego on which I have lately resided and is now my occupation, bounded as follows: Beginning at or near the Charlotte River at a small apple tree, near where the easterly line of the land formerly owned by Loderick Becker ran, and from thence northerly to a pine tree nearly on top of the rise northerly of the house in which I lately resided and occupy, and from thence in a direct northerly line to the northerly line of lot and house in which John now resides, and so much of the barn on the aforesaid lot as will be necessary for his own and immediate use. I hereby intend to devise the property last described to my son John during his natural life, or while it shall actually remain in his possession and be wholly occupied by him, and for his own use, and if it shall happen that the lot last above described to my son John, should in any manner be sold or in any way or manner get out of the actual possession of the said John, in that case, I hereby devise the said lot last above mentioned to the heirs and legal representatives of my son Thomas, their heirs and assigns.
Fourthly, I give and devise to the heirs and legal representatives of my son Thomas, the whole of the residue and remainder of the last mentioned lot, of which parts was devised to my son John aforesaid and also the southerly and lower half of the land in the Charlotte river.
Fifthly, I give and devise to my two daughters, Catharine and Betsy, their heirs or assigns, the northerly half or remaining parts of the last aforesaid Island and also the easterly half of a lot of land lying on the south side of the Charlotte river in the town of Harpersfield and County of Delaware.
Sixthly, I give and devise to my daughter Jenny, and my granddaughter, Peggy Banks, daughter of William Banks, the westerly half or the remaining part of the last aforesaid lot of land on the south side of the Charlotte river, and do hereby allot the westerly half of the last mentioned lot to my said granddaughter, Peggy Banks, daughter of William Banks.
Seventhly, I give and devise to my four daughters Polly, Jenny, Caty and Betsy, their heirs and assigns, fifty acres of land to be taken from my Susquehanna farm, so called, to be taken from the easterly part by running a parallel line from the Susquehanna river to the southerly line, being lot number one in Wallace's Patent. This devise not to take effect till after the expiration of a lease executed to Joseph Goodrich.
Eighthly, I give and devise to my three sons, Charles, Timothy and Alexander, their heirs and assigns, the remaining parts of the Susquehanna farm aforesaid with the appurtenances and hereditaments on the following conditions, to wit: I direct that my wife Mary shall have the sole control, use and occupation of the premises as long as she shall remain my widow, and afterwards the premises to revert to my said sons Charles, Timothy and Alexander, their heirs and assigns and except also that this devise is not to take effect till after the expiration of a lease executed to Joseph Goodrich.
Ninthly, I give and bequeath to my said son Jacob, his heirs and assigns, the following personal property, to wit: one bay horse, and one mare, to take his choice out of my horses.
Tenthly, I give and bequeath to my son Peter, his heirs and assigns, one gelding and two mares.
Eleventhly, I give and bequeath to my two sons, Jacob and Peter, their heirs and assigns, three ploughs, three harrows and two wagons.
Twelfthly, I give and bequeath to my son Thomas one plough and harrow and my set of blacksmith tools. I mean the harrow on the farm at Charlotte.
Thirteenthly, I give and bequeath to my three daughters, their heirs and assigns, the following personal property, to wit: To Jenny two cows, to Caty one cow, to Betsy two cows, to be divided as they have heretofore pretended to own them and all my young or meat cattle on the farm in Middleburgh, and also all my household furniture on the farm last aforesaid.
Fourteenthly, I give and bequeath to my three sons, Charles, Timothy and Alexander, their heirs and assigns, all my cattle, hogs and sheep on my farm at the Charlotte river and also my mare commonly called the Gin Mare. I do however direct that my wife Mary shall as long as she remains my widow, shall have the use and control of the last mentioned personal property, for the benefit of my said sons, Charles, Timothy and Alexander and not to be sold or converted to her own use.
Fifteenthly, I do hereby order and direct that my said son Jacob, his heirs and assigns and my said son in law, Eben G. Foster, his heirs and assigns, shall pay the debts I am owing Douw B. Slingerland, Harvey Watson, and the said Foster shall pay a debt I am owing Benjamin Pierce.
Sixteenthly, I do hereby order and direct that my said sons, Jacob and Peter, their heirs and assigns, shall pay the debts I am owing to James Sterndeehenrd (sic) also my small debts in the County of Schoharie.
Seventeenthly, I do hereby order and direct that my two sons, Jacob and Peter and my son in law Eben G. Foster, their heirs and assigns, shall pay a debt I am now owing to Henry Brakeemard, David Harper. I direct that Foster pays only thirty dollars and I give unto the said Jacob, Peter and Foster a note I hold against Joseph Hotchkiss and David Harper, Foster to have a share equal to what he pays on the last mentioned debt.
Eighteenthly, I give and bequeath to my wife Mary as long as she remains my widow the rent that annually becomes due on a farm leased to Joseph Goodrich and direct also that my wife Mary pay a debt I am owing Joseph P. Becker and also what balance if any may be due Peter Smith and all other small debts I am owing in Charlotte and I do further direct that if my wife Mary should at any time marry before the lease to Goodrich expires, that then my executors herein after named shall collect and receive all rents and demands that may be due on the farm leased to Joseph Goodrich and apply the same to the debts remaining unpaid which my wife Mary was to pay and for the benefit of my three sons, Charles, Timothy and Alexander.
Nineteenthly, I do hereby further order that my wife Mary if she remains my widow, shall occupy, or enjoy or have interest for so much in the farm herein devised to heirs or legal representatives of my son Thomas and all the lot devised to my daughters Jenny, Caty, Betsy and my granddaughter Peggy, as will enable her to maintain herself and children and also the stock herein given to Charles, Timothy and Alexander for four years and if my wife Mary should at any time marry before the expiration of the four years, then my executors are hereby authorized to control the last mentioned farm so as to enable them to support my said sons, Charles, Timothy and Alexander and also keep the stock last mentioned for four years.
Twentiethly, I hereby give and bequeath to my daughter Jenny a black mare child, and lastly I do hereby appoint William C. Bouck, Eben G. Foster and Jacob Murphy executors of this my last will and testament, hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this fifteenth day of June in the year of our Lord one thousand eight hundred and eighteen. Signed sealed and published and delivered by the above mentioned Timothy Murphy to be his last will and testament. In the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.
N. B. The words "their heirs and assigns" first page 13th line, the words "of Harpersville" "of Delaware" and "last aforesaid" on 4th, 16th and 17th line, the words "his heirs and assigns" in the 6th page and 15th line, the words "not" 10th line and eighth page, the words "Dee" on the ninth page 3rd line, the words "David Hayes" 9th line and the words "and also the lot devised to my daughters Caty, Betsy and my granddaughter Peggy" 11th page and first line, the words "for four years" in the 11th and 4th line were erased and interlined before execution.
William C. Bouck
Registered in the Surrogate's Office of the County of Schoharie in Book B pages 232-3-4-5-6 after being duly proven on the 20th of November 1818.
John Gebbard, Surrogate
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