These are wills of John Malloch and William Malloch. William Malloch was my grandfather. I have letters that they wrote. -- Renee Genovese, 24 June 2006
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.
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
The following is my grandfather William Malloch's will. His nephew John Malloch was to take care of my step-great-grandmother when he passed.
Of Andes, Delaware Co. NY 8/16/1858 will age 80
Executors: John Mallock Andes Delaware nephew
George W Clark Middletown, Delaware
Witness: Henry A Clark and Wheeler W Clark both of Middletown, Delaware
Surrogate: William Gleason
Dec by 1/17/1861
Be it remembered that at a surrogate court, heard at Delhi in and for the County of Delaware January 17th, 1861. Present Wm Gleason (?) surrogate the last Will and Testament of William Mallock late of the town of Andes in said county, deceased now and duly proved before said surrogate and by him adjudged and declared true and valid and established as a will of Real and () estates and the same together with the proofs and examinations taken thereon are here recorded ():
In the name of God, Amen. I, William Mallock of the town of Andes in the County of Delaware and State of New York of the age of eighty year and being of sound mind and memory do make, publish and declare this my last Will and Testament in manner following that is to say, I give and bequeath to my wife Mary Mallock all my personal estate to be used and enjoyed by her during the term of her natural life which is to be accepted by her in lieu of (dower). And from and immediately after her decease I give and bequeath the same as follows:
I give and bequeath to my daughter Marion Mallock the sum of four hundred dollars and to my daughter Elizabeth Mallock the sum of three hundred dollars.
All the rest residue and remainder of my personal estate I give and bequeath o my said daughters Marion Mallock and Elizabeth Mallock and my sons (James Mallock inserted), John Mallock and William Mallock to be divided equally between them share and share alike.
And I do further will and direct that my executors here in after named shall have the custody and possesion of my said personal estate now and immediately after my decease until the decease of my said wife Mary Mallock and I do further direct that said executors collect the interest of my said personal estate xxx apply it for the benefit of my said wife and as they shall deem suitable to her condition and necessities.
Lastly, I do hereby nominate and appoint my nephew John Mallock of the town of Andes Delaware county and George W Clark of the town of Middletown, Delaware County NY 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 sixteenth day of September in the year of our Lord on thousand eight hundred and fifty eight.
William Mallock (L.S.)