WILL: John Malloch; Andes, Delaware co., NY 
surname: Malloch, Allen, Todd

submitted by Janet Malloch (morrisfm @ aracnet.com) 
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Submitted Date: June 24, 2004
This file has been created by a form at http://www.genrecords.org/nyfiles/
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Source: SAMPUBCO photocopy
Albany County Surrogate Court, Will Book Vol 11 page 114
Written: August 1 1826
Recorded: March 23 1841

JOHN MALLOCH

Proved 4/10/1841  
4/17/1840 died living in Albany

3/23/1841  Jane Malloch appeared in court in Albany, NY
8/1/1820  hard to read the twenty will date as presented by Jane

Be it remembered that heretofore to wit on the twenty third day of March one
thousand eight hundred and forty one, Jane Malloch personally appeared before
the surrogate of the county of Albany and persecuted her petition to the said
surrogate and also produced unto him a contain instrument in writing
purporting to be the last will of John Malloch of Andes township in the County
of Delaware, New York State bearing the date the first day of August in the
year of Our Lord Eighteen hundred and twenty six,  and offered the same for
probate in which will the said Jane Malloch was constituted and appointed sole
executor and from said petitions it appeared unto the said surrogate that
after the execution of said will and on or about the seventeenth day of April
in the year one thousand eighteen hundred and forty the said John Malloch
died being an inhabitant at the time thereof of the city and county of Albany
leaving the said Jane Malloch residing in the same place him surviving and
also the following persons his only heirs at last and next of him to wit:

Jane Allen wife of Dennis Allen residing in the said city and county of Albany
Elizabeth Todd wife of John Todd residing in the city and county of New York, 
John Malloch residing in the town of Andes in the county of Delaware, NY
William Malloch and Jane Malloch residing in the city of Philadelphia, PA
All of the above persons being of full age and the following persons being
minors to wit:
William Malloch, John Malloch, Alexander Malloch, James Malloch, Samuel
Malloch, Silas Malloch, Andrew Malloch and Sarah Malloch and on the day and
year first aforesaid (?) the said Surrogate did appoint Horace Nynian (?)
residing in the city and county of Albany the special guardian of the
aforesaid minors for the sole purpose of appearing for and protecting the
interest of said minors on the proof of said will and on the same day the said
surrogate paid his citation unto the aforesaid heirs and next of kin of full
age and unto the special guardian of said minors requiring them to appear
before the said surrogate at his office in the city of Albany on the 
twentieth day of April their next at ten o'clock in the forenoon of that day
and attend the probate of said instrument as a will relating to both real and
personal estate, and on the day and year last aforesaid the said Jane Malloch
as well as the said Special guardian appeared in Court all the other parties
making default in appearing and the said Jane Malloch therefore produced to 
the said surrogate proof of the lawful service of said citation and also
produced two of the attesting witnesses to said will in open court and the
said witnesses having been duly sworn by the said surrogate testified and made
their instructive depositions in relation to the due execution of said will,
which testimony having been reduced to writing and respectively subscribed by
said witnesses it doth satisfactorily appear unto the said surrogate there
from that said will was duly executed by the said John Malloch and attested by
the witnesses whose names are thereto subscribed in the presence and at the
request of the said testator and in the presence of each other and that at the
time of the execution aforesaid the said John Malloch was of sound mind and
memory of full age to execute a will and was not under any restraint and 
competence in all respects to make a judicious disposition of his real and
personal estate by his last will and testament and it also appeared unto the
said surrogate that the name Harvey Carter as an attesting witness to said
will is the genuine signature and hand writing of the said Harvey Carter, and
that the name of John Malloch to said will is the genuine signature and
hand writing of the said John Malloch..  It is adjudged and determined by the
said surrogate that the aforesaid instrument is the last will and testament of
the said John Malloch by him executed and published in due form of law and it
is ordered that said will together with the proofs and examinations taken in
relation thereto be recorded as a will relating to both real and personal
estate which said will proofs and examinations are in the words and figures
following to wit  

I John Malloch of Andes township in the County of Delaware New York State do
make this my last will.  I give and bequeath to my beloved wife Jane Malloch
all my estate real and personal to and for her use and benefit absolutely. 
And I do hereby constitute and appoint my said wife Jane Malloch sole executor
of this my last will and testament.  

In writing. Whereof I have hereunto set my hand and seal this first day of
August in the year of our Lord eighteen hundred and twenty six.
                              JOHN MALLOCH   L.S.

Witness:
Harvey Cartreu / Carter (don't know where he lives  states Charles Colgate 
and William Colgate  
4/20/1841)
Charles Colgate  NY,NY
William Colgate NY,NY