ADDENDUM I

Transcription

Of

The Will

Of

Michael Mahardy

1851

(Transcribed 08/1999 by Robert Lorick)

Will

Know all men by these presents that I Michael Mahardy of the town of Newport in the county of Herkimer Farmer considering the understanding of this life(?) and being of sound mind and memory do make declare and publish this my last will & testament. Firstly I order and direct my executor herein after named to pay all my just debts and the several Legacies herein after mentioned from the income and profits of my farm and personal property, and from the sale of my hood(?) lot situated in the town of Schuyler and in that proves insufficient to raise the amount then so much of my personal property will be sold as will make up the same, and my said executor hereby authorizes to execute a deed or deeds of all land so sold by him belonging to my estate to the purchasers thereof which deed or deeds shall be made sufficient in the law to cover an estate in (fu?) simple.

Secondly I give and bequeath to my beloved wife Bridget in Lieu of her right of Land(?) a house at my at my house situated in said Newport and the use of my household furnishings such & as much as she may need, the use of our (Cau ana? ) keeping for the same , the use of a garden, clothing, the necessary attachments and expenses in ease of sickness and all necessary provisions & food so long as she shall remained unmarried and my widow.

Thirdly I give and bequeath to my Daughter Catherine the wife of Thomas Duffy twenty dollars to be paid to her in five years after my death.

Fourthly, I give and bequeath to my Daughter Ruth the sum of twenty dollars to be paid in five years after my death.

Fifthly I give and bequeath to my son Patrick and daughter Ann the one undivided half part of all the remainder of my personal and real estate to be divided between them five years from and after my decease as follows to wit, the said Patrick to have two third parts thereof and the said Ann the other third part thereof.

Sixthly<I give bequeath and declare unto my son Michael and daughters Mary

Elizabeth Marcella and Margaret the remaining undivided one half of my personal and real estate to be divided between them in five years after my decease as follows to wit the said Michael to have one fourth part thereof , the said Mary to have one fourth part thereof, the said Elizabeth to have one fourth part thereof, and the Said Marcella and Margaret to have the remaining one fourth part thereof to be divided between them equally.

Seventhly it is my will and I so order and direct that my executor make an inventory of my personal property as soon as may be after my decease and that the same be kept on my farm for the use of my family for the term of five years after my decease, and that my family should remain on said farm that length of time and manage the same in a good prudent manner, exchanges the (said farm due to time?) (under advice and direction of my said executor) as will be for the best interest of my estate, and it is my intention and I declare that the above bequest and give to my sons Michael and Patrick and daughters Ann, Mary, Elizabeth, Marcella & Margaret upon the express condition that they remain at the house help provide for their mother, and the education and support of my minor sons and daughters and help manage the farm and dairy same as they now do, for the purpose of paying up my debts and in case any of them choose to have Issue and not go into this arrangement then and in that case the share as share of those of those who so have, shall be divided among those who remain as above stated in the same proportions as is mentioned in the above bequest and in case of sickness or from any other occurrences my said sons and daughters should not be able to pay off and discharge all my debts and the agencies(?) afore mentioned at the end of five years, then it is my will and I so order and direct my said executor or his legal representative make sale of such part or the whole of my real estate as shall remain in use as a majority of my heirs who are intitled(?) to the above bequests shall approve of such sale and to give good & sufficient deed or deeds of the law to the purchasers, thereof, and the monies arising from such sale to be divided among the said Patrick, Michael, Ann, Mary, Elizabeth, Marcella & Margaret in the same two fashions(?) with still(?) several bequests above mentioned will to be kept out in trust(?) and paid out to them as they successfully become of age.

And whereas I have made a case and contract with Man and Edmunds of Utica agent of the heirs of Patrick Martin deceased for about one hundred and two acres of land known as the Martin lot at thirty dollars per acres and whereas the said Man and Edmunds have not made out a deed to me of said lands and taken back a loan & mortgage in accordance with said contract, and in case the same is not done in my lifetime, I hereby authorize my said executor to finish up the same on his judgement shall direct and for the best interest of my estate and (family?) I do hereby nominate and appoint James Cullen of the town of Newport executor of this my last will and testament hereby revoking all former wills by me made in testimony whereof I have (luriand?) Let my hand and seal this 15^th day of April 1851 Michael Mahardy.

{LS} "Note: the executor named James Cullen writes our (treasure?) before the testator(?) executes this paper, Signer shall (publish here?) said described by the above named Michael Mahardy.

As and for his last will and testament in the presence of us who at his request and in his presence and in presence of each other here subscribe our names as witnesses hereto and the executor as noted Michael Mahardy of Newport & County of Herkimer, Patrick Mclaughlin of Herkimer Town of Newport State of New York County of Herkimer Surrogates Office SS . Be it remembered on the day of the date hereof the last will and testament of Michael Mahardy late of Newport in the County of Herkimer deceased herein the foregoing written instrument) was truly proved before representing surrogate of the said county according to will as and for the last will and testament of the real and personal estate of said deceased which said last will and testament and the proof and explanations taken therein as recorded in this office.

In testimony whereof the surrogate of the said county hath herento set his hand

And official tax seal of office this 16^th day of June in the year of our lord one thousand eight hundred and fifty-one

(Illegible?) Surrogate

I certify the foregoing to be a true record of the original will of Michael Mahady(sic) and the proof thereof.

June 16, 1851 (Tegrahearn? illegible) Surrogate