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Will of
James W. McCormick
(1808 - 1883)
James W. McCormick was born in Rathangan Parish, County Kildare, Ireland about 1808. He emigrated to the United States before 1843. He and his wife Mary's first known child was born in Pennsylvania about 1843. They had 12 known children, and lived on a farm two miles north of Dushore. Most of the children who lived to adulthood moved west to Colorado in the 1870's - 1880's. James' daughter Mary married Edwin E. DeCoursey in Oct 1882.
For reference: $1 had the same buying power in 1883 as $18.65 does today. $50 would therefore be worth about $930 today, $300 would be worth about $5,600.
Sullivan County, Pennsylvania
Will Docket Book 2, p. 204-7Last Will and Testament, with Codicil attached of James McCormick, late of Cherry Township, Dc�d No 9 1883.
Tax & Fees $7.55
PaidI, James McCormick of the Township of Cherry in the County of Sullivan and State of Pennsylvania, farmer, being of sound mind memory and understanding do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made. And first I direct that my body be decently interred in the Catholic Cemetery in Dushore Pa. 1 according to the rites and ceremonies of the Catholic Church. I dispose of the same as follows, viz:
I direct all my just debts and funeral Expenses to be fully paid and satisfied by my Executrix hereinafter named as soon as conveniently may be after my decease.
Item: I give and bequeath to my son Stephen McCormick the sum of One Dollar.
Item: I give and bequeath to my daughter Anastasia McCormick, the sum of One Dollar.
Item: I give and bequeath to my daughter Fanny Kilduff 2 the sum of One Dollar.
Item: I give and bequeath to my daughter Maggie McCormick the sum of One Dollar.
Item: I give and bequeath to my daughter Mary McCormick 3 the sum of One Dollar.
Item: I give and bequeath to my daughter Catherine McCormick the sum of One Dollar.
The above sums to be paid to the above named persons respectively by my Executrix hereinafter named as soon as conveniently may be after my decease.
Item: I give and bequeath to my son Adam McCormick the sum of Three Hundred Dollars and to be paid to him by my Executrix as follows, viz: One Hundred Dollars within one year after my decease, the sum of One Hundred Dollars within one year thereafter, and the balance one Hundred Dollars within three years after my death, without interest.
I give and bequeath to my son John McCormick the sum of Fifty Dollars.
I give and bequeath to my son James McCormick the sum of Fifty Dollars.
And whereas the whereabouts of my said sons John and James McCormick are now unknown to me and if it should so happen that my Executrix should not be able to discover their whereabouts or my said sons John and James shouldPage 205make no application for the above legacy for the term of five years after my decease then and in that event the above legacy of One Hundred Dollars shall become void and shall revert to my beloved wife Mary McCormick and to her heirs and assigns for ever. 4
I give devise and bequeath unto my beloved wife Mary McCormick all the rest residue and remainder of my estate both real and personal of whatsoever Kind or nature the same may be in the County of Sullivan aforesaid as elsewhere at the time of my death and to her heirs and assigns for ever. 5
And I do hereby appoint, nominate and constitute my said wife, Mary McCormick, Sole Executrix of this my last will and testament.
In witness whereof, I, James McCormick the Testator, have to this my last will and testament written on three sides of legal cap paper, set my hand and seal this twenty-fourth day of September A. D. 1882.James McCormick (seal)
Signed sealed published and declared by the above named James McCormick as and for his last Will and Testament in the presence of us who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said Testator and of each other
Adam Murphy
State of Pennsylvania, County of Sullivan SS.
Edward Farrell 6
Personally came before one H. T. Downs Register for the Probate of Wills &c in and for the county aforesaid Adam Murphy and Edward Farrell the subscribing witnesses to the foregoing Will who being duly sworn according to law do say that they were present and saw and heard James McCormick the Testator sign seal publish pronounce and declare the foregoing instrument of writing as and for his last will and Testament and that at the time of so doing he was of sound mind memory and understanding to the best of their Knowledge and belief and that they signed their names as witnesses thereto at his request in his presence and in the presence of each other.
Sworn and subscribed before
me this 17th September 1883
H. T. Downs RegisterAdam Murphy
Edward FarrellPage 206Last Will & Testament, with Codicil of James McCormick dec�d
I James McCormick the within named Testator do hereby make and publish the Codicil to my last Will and Testament bearing date the twenty fourth day of September A. D. 1882.
And Whereas in my said Will I have given and bequeathed unto my son Adam McCormick the sum of Three Hundred Dollars to be paid to him by my Executrix therein made and named and to be paid to him in the manner therein set forth.
And whereas I have since making my last will aforesaid given unto my son Adam McCormick my notes or obligations in writing for a sum in full satisfaction for the bequest therein named to be paid to my said son Adam McCormick.
I do hereby declare that my will is that the aforesaid Sum of Three Hundred Dollars shall go to my beloved wife Mary McCormick together with the bequests I have already made to her in my said last Will aforementioned and to her heirs and assigns for ever.
I do further give and bequeath to my said son Adam McCormick the Sum of One Dollar to be paid to him by my Executrix as soon after my decease as she conveniently can.In witness whereof I have hereunto set my hand and seal this 2nd day of November A. D. 1882.James McCormick (seal)
Signed sealed published and declared by the said James McCormick as and for a Codicil to his last will and testament in the presence of us, who in his presence and in the presence of each other have at his request subscribed our names as witnesses theretoAdam Murphy
Edward FarrellState of Pennsylvania County of Sullivan SS.
Personally came before one H. T. Downs Register of Wills &c in and for said County, Adam Murphy and Edward Farrell the subscribing witnesses to the Codicil of the foregoing Will, who being duly sworn, say that they were present and saw and heard James McCormick the Testator within named sign seal publish pronounce and declare the foregoing instrument of writing as and for a Codicil to his last will and testament and that at the time of so doing he was of sound mind memory and understanding to the best of their Knowledge and belief and that they signed their names as witnesses thereto said Codicil in the presence of and at the request of the Testator.Adam Murphy
Edward FarrellPage 207Estate of James McCormick dec�d
Sworn and subscribed before me this 17th day of September A. D. 1883Letters Testamentary 7H. T. Downs Register
And now to wit September 17th A. D. 1883 due proof of the death of James McCormick late of Cherry Township Sullivan County, Penna: being had, see affidavit filed, Letters Testamentary with a Copy of the Will attached were in due form of law granted to Mrs Mary McCormick the Executrix named and appointed in the foregoing Will, she the said Mrs Mary McCormick having first been duly sworn, according to law, as such Executrix.
H T Downs Register
Oct 3 1883 Inventory filed. Amount $629.90. 8
1 James is buried in the cemetery of St. Basil's Catholic Church in Dushore. For pictures of the church and his tombstone go here.
2 Frances "Fanny" McCormick married Edward Kilduff, of Wysox, Bradford County, Pennsylvania, in 1872 in Quartzville, Park, Colorado. They subsequently lived for the most part in Alma, Colorado.
3 It is odd that Mary is listed under her maiden name as she had been married to Edwin E. (De)Coursey for a year when this will was written. Mary met Edwin while staying with her sister Fanny in Alma, Colorado.
4 It is interesting that James bequeathed $50 to missing sons John and James, while the rest of his children (save Adam) only recieved a symbolic sum of $1. Perhaps he was trying to provide them with an incentive to come home?
5 Apparently no one in the family wanted the farm, for Mary put it up for sale in 1884.
6 The relationship (if any) of Adam Murphy and Edward Farrell to James is not known.
7 Letters testamentary is a legal document issued by a probate court to approve the appointment of an executor under a will that shows an executor's legal right to take control of assets in the deceased person's name.
8 $630 was worth about the same in 1883 as $11,750 is today.
| Transcribed by Erica DeCoursey
© 2004 |
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