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Last Will and Testament of James Kenna, d. 1886

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(page) 475
SURROGATE'S COURT - County of Herkimer
IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF

James Kenna

Deceased

Herkimer County, SS.;

	John E. Kelly of the town of 
Little Falls in the county of Herkimer 
State of New York and John O'Rourke 
of the town of Little Falls in the county of Herkimer 
State of New York being each duly sworn, do depose and say, the said John 
E Kelly for himself that he is a subscribing witness to the last Will and Testament of 
James Kenna late of the town of Little Falls 
in said county of Herkimer, deceased; and the said John O'Rourke 
for himself that he is a subscribing witness to the last Will and Testament of said James 
Kenna late of the said town of Little Falls in said county of Herkimer 
deceased; and that the said deceased did on the 29th day of April 1885 
in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to these depo-
nents; and  which purports to be the last Will and Testament of the said deceased and which bears date on the 29th 
day of April 1885; that the said deceased did at the time of subscribing his name to 
said instruments aforesaid,  declare the same to be his last Will and Testament; and these deponents did thereupon 
subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of said 
deceased  and in his presence, and in the presence of each other.  That said deceased at the time of subscribing his 
name to said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind 
and memory, and was not under restraint to the knowledge of belief of those deponents.


Sworn, examined and subscribed, before me, this
29th day of May 1886
(Signed Rollin H. Smith)
Surrogate


(Signed John O'Rourke and John E. Kelly)

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(page) 476

			James Kenna
			-----------

  I James Kenna of Little Falls Herkimer 
county and state of NY being of sound mind and 
memory do make ordain (?) publish (?) and declare this ? 
my last Will and Testament that is to say:

First
-----
  After all my lawful debts are paid and 
discharged I give devise and bequeath loving son 
John Kenna one (?) span of horses now owned by 
me and used by him also all the wagons and 
harnesses now owned by me & other things now 
used and belonging to the use of said team.
I also give to my son John Kenna the Barn 
and the Lot on which it stands being lot number 
(10/ten) as marked by Matts T. Lov?s for me 
and the map now owned by me and made by 
Carry and Allen for the Village of Little Falls.


Second
------
  I give devise and bequeath to my daughters
Kate Kenna and Margaret Kelly the house and
lot owned by me on the south side of 
John Street one acre of land - commonly
called the quarry (?) acre and the right of way
then to the lot on which the Lime Kiln stood
marked (17) on said maps.  The house and lot 
in which Patrick Murphy now lives bounded
south by Monroe Street East by Sherman street
Also the lot next west thereof on the north side
of Monroe street also lot No 30 as laid down
on said map and which is on the west side of 
Sherman Street and next north of lot No (10) on 
said map share and share alike subject to all 
in cumbrances thereon (?) and to all debts which 
I may be owing at the time of my death.

  And I hereby charge the said Promised
lands and Tenements herby devised to my 
said daughters in the second subdivision 
of this instrument with the payment (?) of said debts.


Third
-----
  I give devise and bequeath to my daug-
hter Kate Kenna in addition to what I have 
bequeathed to her in the second subdivision of this 
Will the house in which I now live and all 
the Furnishings therein and also lots nos one and 
two fronting? on Monroe Street and also lots 
Nos 5 and 6 and seven fronting on Sherman 
street to have and to hold forever.

  It is hereby understood that the bequest 
hereby made to Margaret Kelly is to be acce-
pted by her in full payment of the sum of 
Eighty dollars + interest which I am owing to her.

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(page) 477

			James Kenna
			-----------

   Likewise I make constitute and 
appoint P H. McEvory and John Kelly to 
be Executors of this my last Will and 
testament hereby revoking all former 
wills by me made.

   In witness whereof I have  
hereunto to subscribed my name and 
affixed my seal the 29th day of April 
in the year of our Lord one thousand Eight 
hundred and five.

Witnessed to James 
Kenna's mark
(signed) J. O'Rourke

      his
James  X  Kenna [L.L]
      Mark


  The above instrument consisting of one
sheet was at the date thereof subscribed by 
James Kenna in the presence of us and each 
of us; he at the time of making such sub-
scription acknowledged that he made the same 
and declared the said instrument so subscribed 
by him to be his last Will and Testament.

  Witnessed (?) we then and there at his request & 
in his presence and the presence of each other 
subscribed our names as witnesses thereto.

John E. Kelly 	residing at Little Falls NY
J. O'Rourke	residing at Little Falls NY