This is a transcription of Monroe County Surrogate's Court record of James Keogh's Will. James was my 2nd Great Grandfather.

James Keogh and family lived in Rochester, NY starting about 1862. Harold Keogh, James’ Grandson, wrote that “James Keogh was born in Tuam, County Galway, Ireland on Lady Day in Harvest 1822” he (meaning James) always called it “Lady Day in Harvest.” Harold thought it would be August 15th. Records at Holy Sepulchre Cemetery, Rochester, NY state that James was 72 when he died in Jan. 1894. Harold Keogh also wrote that James Keogh "came to U.S. (by way of New Brunswick, I believe) about 1835." In another place Harold wrote that James “migrated to Canada when 13 years old, later bringing his widowed mother, nee Kitty Kane, and his younger brother, William.” Harold also wrote that James was in Albany before he settled in Rochester. In the 1860 census James was a Grocery keeper in Albany. In the Rochester City Directory of 1863 he was a grocer. From 1864 to 1868 he was listed as a traveling agent in the Rochester Directories. Starting in 1869 he is listed as furniture dealer and working in an Auction house. In the 1870 census he is listed as a Commercial Merchant. In the 1888 and 1889 Rochester Directories he was listed as having an Auction room.

Based on research it is believed that James was the son of Catherine Kane and Thomas Keogh.

I am interested in hearing from anyone that can add anything or thinks that James is in his or her family.   David Holcomb david@holcombs.net

626

Record of Will

In the Name of God. Amen.

I, James Keogh, of Rochester Monroe Co N. Y., being of sound

mind and memory, and considering the uncertainty of this frail

and transitory life, do therefore make, ordain, publish and declare

this to be my last Will and Testament, that is to say:

First – After all my lawful debts are paid and discharged,

I give and bequeath to my daughter Mary C. Sherman the sum of

Two Thousand Dollars, ($2000)

            Second,

                        I give devise & bequeath to my grand daughter Ida

Sherman the sum of Two Thousand Dollars, ($2000)

            Third,

                        I give devise & bequeath to my _____Martha Keough

the sum of Two Thousand dollars. ($2000)

            Fourth,

                        I give devise  & bequeath to my daughter Alice Keough

the sum of Two Thousand Dollars ($2000)

            Fifth,

                        In case any of the legatees above named shall die

before my own decease and shall leave children surviving them

I direct that the legacy or legacies herein given to such legatee shall

be equally divided among such of his or her children as shall be liv-

ing at my decease,

            Sixth,

                        I give devise and bequeath the rest & residue of my

estate both real & personal I give devise & bequeath to Mary C. Sherman

Martha Keough and Alice Keough to be divided equally among them

share and share alike,

            Seventh,

                        I hereby authorize & empower my Executor herein

after named to sell mortgage or lease any and all property or

real estate of which I may die seized and I do hereby direct them

to dispose and convey enough of my said real to pay any & all

legacies herein given,

            Eighth,

                        I hereby make & constitute the payment of all of the

above named legacies a charge upon any & all real estate of

which I may die seized.

            Likewise, I make, constitute and appoint A. C. Sherman,

Mary C. Sherman & T. C. Wilson to be executors of this my

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last will and Testament, hereby revoking all former Wills by

me made.

            In Witness Whereof, I have unto subscribed my name and

affixed my seal, the 28^th day of January, in the year of our

Lord one thousand eight hundred and eighty ninety.

James Keogh    (L.S.)

The above written instrument was subscribed by the said

James Keough in our presence, and acknowledged by him to

each of us, and he at the same time declared the above

instrument, so subscribed, to be his last Will and Testament;

and we, at his request, have signed our names as witnesses

hereto, in his presencee and in the presence of each other, and

written opposite our names our respective places of residence.

                 Wm H Bowman Rochester N. Y.

John P. Bowman, Rochester, Monroe Co., N. Y.

628

Fol 1.   Surrogate’s Court – Monroe County

                        In the Matter of

                        the Probate of the Will

-         of –

James Keogh, deceased

                        Satisfactory proof having been made of the due ser-

            vice of the citation heretofore issued in this matter requiring the

            proper persons to appear in this Court on the 2^nd day of March,

            1894, and attend the probate of the will of James Keogh, late of the

            City of Rochester, Monroe County, N.Y., deceased, bearing date the

            28^th day of January, 1890, and Albert C. Sherman, the only execut-

            tor named in said will, who had not renounced or died, having

            appeared by John P. Bowman, Esq., his attorney and counsel, in

..2        support of the probate of the same; and Eleanor Keogh, the widow

            of said deceased, and William F. Keogh, James H. Keogh, Valentine

            Keogh, Martha M. Keogh and Alice Keogh, children of said de-

            ceased, having appeared by John F. Kinney, Esq., their attorney and

            Counsel, in opposition thereto, and contested the probate of the

            same. And no other parties or persons having appeared in said

            matter, and the said matter having been duly heard, and after

            hearing the proofs and allegations of the proponent, and of the said

            contestants and it appearing upon the proofs taken that the said

..3        Will was duly executed; that the testator at the time of executing the

            same was, in all respects, competent to make a will, and not under

            restraint or undue influence, and the Surrogate of said county being

satisfied of its genuineness and validity of said execution; and on

            motion of John P. Bowman, Esq., in behalf of the said executor,

                        It Is Hereby Adjudged and Decreed, and the Surrogate

            of the County of Monroe does hereby adjudge and decree that the

            said will was duly executed; that the same is genuine and valid;

..4        that the said will and the proofs and examinations taken, in

            respect to the same, be recorded, and the said will be, and the

            same is hereby admitted to probate as a will valid to pass real

            and personal property. And,

                        It Is Further Ordered and Decreed, that the objections to

            the probate of said will, not hereinbefore disposed of, be and the

            same hereby are dismissed as unproven and unsustained. And,

                        It Is Further Ordered, that letters testamentary of said will

            be, and they are hereby granted to said Albert C. Sherman upon

            his taking the required oath. And,

..5                    It Is Further Ordered, that there be allowed to said execu-

629

            tor as his costs and disbursements in said proceeding the sum

            of 411.10 to be paid out of the estate of said decedent and

            out of any assets that may come into the hands of said ex-

            ecutor; and,

                        It Is Further Ordered, that there there be allowed

            to the said Executor, out of said estate for his counsel fees and

            other expenses, the sum of ________ .

                        Dated December 16^th, 1895.

            (L.S.)                                       J. A. Adlington,

                                                                        Surrogate of Monroe County.

630

            State of New York

            County of Monroe’

            Surrogate’s Office

                        I hereby Certify, That the annexed instrument, being

            the Last Will and Testament of James Keogh late of the City of

            Rochester in the County of Monroe and State of New York, deceased,

            has upon due proof, been this day admitted to probate by the Sur-

            rogate’s Court of said County of Monroe, as a will valid to pass

            real and personal property; which said last Will and Testament,

            and the proofs and examinations taken thereon, are recorded in the

            office of the Surrogate of said last mentioned county.

In Testimony Whereof, I have hereunto set

my hand and affixed the seal of said

Surrogate’s Court at Rochester, in said

(L.S.)                           county, this 16^th day of December in

the year one thousand eight hundred

and ninety five.

                                                            J. A. Adlington,

                                                                        Surrogate

            Monroe County, ss.

                        It appearing upon the proofs duly taken in respect

            to the Last Will and Testament of James Keogh, late of the City of

            Rochester, in the County of Monroe and State of New York, deceased,

            that the said Will was duly executed, and that the said James

            Keogh, at the time he executed the same was in all respects com-

            petent to devise real estate and not under restraint, that the said

            Last Will and Testament and the proofs and examinations are

            hereby recorded, signed and certified by me pursuant to the provi-

            sions of the Code of Civil Procedure this 16 day of December, A.D. 1895

S.                  Recorded and Examined

&         Dec. 16^th, 1895

A.

                                                      Clerk Surrogate’s Court

Transcriber’s Notes:

1)      The court documents are large, 11”X 17”.  Too large to scan so a picture of page 626 is provided.

2)      Spelling and punctuation was followed as best I could read.  Special attention was given to make sure that each time the name Keogh/Keough was spelled, that it appears as it was written into the official record.

3)      Since the Court Clerk was transcribing the will into the County’s books I think that under the Third item of the will he could not read what came before Martha in the original document.  I believe that it should read “daughter.” 

4)      James left everything to his daughters and one granddaughter by his first daughter.  She was the only Grandchild alive when he wrote the will. He left out his 2^nd wife and 3 sons.  His widow and all his children from the 2^nd marriage contested it, but failed.

5)      James was interred in Holy Sepulchre Cemetery on January 30, 1894, 4 years and 2 days after he wrote the will.  It appears that he died almost exactly 4 years to the day after writing the will.

6)      $2000. in the year 1894, has the same "purchase power" in the year 2003 as $42,730. Source: John J. McCusker, "Comparing the Purchasing Power of Money in the United States (or Colonies) from 1665 to Any Other Year Including the Present" Economic History Services, 2004, URL : http://www.eh.net/hmit/ppowerusd/

7)      From this document we have learned the name of Cassie’s husband and daughter.  It also shows that Cassie’s real name was Mary C. Keogh Sherman.  Albert, Casa, and Ida were found in the 1870 and 1880 census and from that we know that Cassie’s mother was born in Maine and Ida was born in May of 1870.

1.  James Keogh  was born August 15, 1822 in Tuam, Galway, Ireland, and died January 1894.  It is believed that he is the son of Thomas Keogh and Catherine Kane.  He married (1) Unknown.  She was born in Maine and died before 1860.  He married (2) Eleanore Kelly Cooney Abt. 1862, daughter of Michael Kelly and Mary.  She was previously married to a man named Cooney. She was born February 17, 1832 in Wickham, Queens County, New Brunswick., and died May 1906.

Child of James Keogh and Unknown is:

       2              i.   Mary C.³ Keogh, born in New Brunswick, Canada.  She married Albert C. Sherman Bef. 1870; born Abt. 1845 in New York.  She went by Cassie, Casa, Catherine.  They had a daughter named Ida born in May of 1870

Children of James Keogh and Eleanore Kelly are:

       3              i.   William F.³ Keogh, born Abt. 1863 in Rochester, NY; died January 1934.

       4             ii.   James Henry Keogh, born December 13, 1864 in Rochester, Monroe Co., NY; died 1933 in Wayne, MI.  He married Susan Marcella Coyle February 05, 1890 in Corry, PA; born April 14, 1865 in Scio, Allegany Co., NY; died November 01, 1938 in Wayne, MI.

       5             iii.   Valentine G. Keogh, born 1866 in Rochester, NY; died 1937.  He married Mary Synder; born Abt. 1871 in New York.

       6            iv.   Martha Keogh, born 1871 in Rochester, NY; died February 1956.

       7             v.   Alice Keogh, born February 15, 1873 in Rochester, NY; died August 31, 1953 in Nazareth Convent, Pittsford, NY.

January 5, 2005