WILLS OF THE COLE FAMILY
The wills of John, Wellington and Ransford Avery Cole were contributed by Tammie Collins. As the Rootsweb site
search engine doesn't pick up items posted on the GenConnect Boards, Tammie also contributed the same
to our site. Thank you!
"I transcribed the following will of my ggggg-grandfather, John Cole. My
apologies for any mistakes in transcription, handwriting of the early 19th
century is rather difficult to decipher. Blanks _____ denote that I could
not make out the word written, nor could even make a good guess at it. Some
names may not be spelled correctly (especially the Surrogate's name that I
really had trouble deciphering). I have extensive info on the family of
Coles in Fairfield & surrounding areas of Herkimer, Otsego & Oneida Counties
and am willing to share any and all with new found relatives. Always
looking for MORE!"
Tammie Collins
John Cole's Estate
Herkimer County
Surrogate Court
To all to whom these _____ shall come or may concern greeting.
Know _____ that W Arphaxele Loomis, Surrogate of the County of Herkimer,
pursuant to the power in the posted bylaws of the states have this day
appointed and do hereby appoint Linus Evarts of the Town of Fairfield,
Special Guardian to Justus Allen Cole, Eunice Ann Cole, Asa _____Cole, minor
heirs of John Cole, deceased, under the age of twenty-one years. For the
special purpose of taking care of their interest in the matter of the
proving of the last will and testament of John Cole, deceased as a Will of
Real & Personal Property. The said Linus Evarts having first consented and
agreed in writing to be appointed and to act as such Special Guardian.
In witness thereof I have hereunto set my hand and affixed my seal of
office this 8th day of November in the year of our Lord, one thousand eight
hundred and thirty three.
A Loomis, Surrogate
Herkimer County
Surrogate Office
In the matter of the last will and
testament of John Cole, deceased as
a will of Real and Personal Property
Linus Evarts of the Town of Fairfield in the County of Herkimer, being
duly sworn and examined doth depose and testify that he was acquainted with
John Cole (now deceased) in his life time; that this deponent saw the said
John Cole subscribe the instrument now shown to the deponent purporting to
be the last will and testament of the said John Cole, deceased, having date
the sixteenth day of July in the year eighteen hundred and thirty three and
that the said John Cole at the same time declared the instrument to be his
last will and testament and that the deponent together with William D Gray,
the other subscribing witness to said will subscribed his name as a witness
at the request of said deceased and that the said will was executed by the
said deceased and attested by the deponent at or about the time the said
will was dated and at the time the same was executed the said deceased was
of full lawful age and of sound mind and memory and was under no restraint
to the best of the deponents knowledge and belief.
Sworn, examined and subscribed this
second day of December 1833 before me
Linus Evarts
A Loomis, Surrogate
Herkimer County
Surrogate Office
In the matter of the last will and
testament of John Cole, deceased as
a will of Real and Personal Property
William D Gray of the town of Little Falls in the county of Herkimer
being duly sworn and examined doth depose and testify that he was acquainted
with John Cole (now deceased) in his life time; that this deponent saw the
said John Cole subscribe the instrument now shown to the deponent purporting
to be the last will and testament of the said John Cole, deceased, having
date the sixteenth day of July in the year eighteen hundred and thirty three
and that the said John Cole at the same time declared the said instrument to
be his last will and testament and that the deponent together with Linus
Evarts, the other subscribing witness to said will subscribed his name as a
witness at the request of said deceased and that the said will was executed
by the deceased and attested to by the deponent at or about the time the
said will bears date and at the time the same was executed the said deceased
was of full and lawful age and of sound mind and memory and was under no
restraint to the best of the deponents knowledge and belief.
Sworn, examined and subscribed this
second day of December 1833 before me
William D Gray
A Loomis, Surrogate
In the name of God, Amen. &Nbsp;I, John Cole of the Town of Fairfield, County of
Herkimer and State of New York, being stricken in years, but of sound
disposing mind and memory thanks be to Almighty God for the same and calling
to mind the uncertainty of this mortal life remembering that it is appointed
for man to die, do make this my last will and testament. That is principal
and just of all I give and recommend my soul into the hands of Almighty God
who geve it and my body to its _____ earth to be buried in a decent,
christianlike manner at the discretion of my executors_____ after named and
as touching such worldly property as hath _____ God to bless me with in this
life I give and depose of in the following manner, that is firstly. I give
to my well beloved wife, Eunice _____ one third of all my real and personal
estate to have and enjoy the use and profits thereof during her life. I
next give to my eldest daughter, Lucy, ten dollars in clothing to be
delivered to her in one year after my decease. I also give to my son John,
one bed and furniture and all my wearing apparel. I also give to my two
daughters Hannah & Almira the bed and bedding marked with their respective
names with high bedstands and one cloth chest each with other furniture
which they have lately got repaired. Also three table spoons each and I
also give my son John one table spoon, Thomas two table and three tea spoons
and to Truman two table and three tea spoons all of which spoons are of
silver.
I further give and depose to my three sons and two daughters, John Cole,
Thomas Cole, Truman Cole, Hannah Cole and Almira Cole after my _____ debts
an to such charges are paid all my real and personal estate not bequeathed
whenever the same may be found together with all my monies and securities
for money _____ then heirs _____ _____ forever. I also give to my three
grand children the heirs of my sons Asa Cole, deceased, one hundred dollars
each to be paid to them respectively when they come of age with _____ from
and after my decease. Having heretofore given my son Asa _____ eight
hundred with interest for _____ years and is to further my will and _____
that my daughter Almira Cole shall use _____ and assist my son John in the
management and use of the property falling to him on account of his want of
ability to transact business for himself and I do appoint and ordain my son
Truman my only and sole executor, administrator to this my last will and
testament hereby revoking all former wills by me made in witness thereof.
The testator hath hereunto set his hand and seal this sixteenth day of July
in the year of our Lord one thousand eight hundred and thirty three in
presence of us who have subscribed as witnesses and we in the presence of
each other and of the testator.
John Cole
Wm D Gray of the Town of Little Falls
Linus Everts of the Town of Fairfield
I certify the foregoing to be a true record of the original
will and proof.
A Loomis, Surrogate
Be it remembered that in the 2nd day of December 1833 the above last will
and testament of John Cole declared was duly admitted to probate as a will
of personal property and probate thereof was _____ granted and also at the
same time the said will was proved as a will of real property upon and by
the _____ and evidence of Linus Evarts and William D Gray, the subscribing
witnesses _____ and upon such proof taken it appears that the same as duly
executed by the decease that the testator at the time of executing the same
was in all respects competent to divide real estate and not under____ which
will and proofs and examinations so take have such duly recorded in the
proper book for that purpose provided in the surrogates office.
In testimony when of I have hereunto set my name and affixed my seal of
office this second day of December, eighteen hundred and thirty three.
A Loomis, Surrogate
Will of Wellington Cole of Litchfield
County of Herkimer - Surrogates Court
In the matter of proving the last will and testament of Wellington Cole, deceased.
Alfred Cole of the town of Litchfield in the County of Herkimer and Bethany Cole of the town of
Litchfield in the County of Herkimer being first duly sworn in open Court, on their oaths do depose
and say that they are the subscribing witnesses to the last Will and Testament of Wellington Cole late of the town of Litchfield in the said county of Herkimer,
deceased. And these deponents further say that the said deceased did, in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these
deponents and which purports to be the last Will and Testament of the said deceased, and which bears date on the 10th day of March AD 1880; that the said deceased did at the time of
subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament; that 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 the said deceased, and in his presence, and in the presence of each other. That the 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 or belief of these deponents.
Sworn, examined and subscribed, this 6th day of July, 1880 before me.
Abram B Steele
District Attorney acting as Surrogate of Herkimer County
WILL
I, Wellington Cole of the Town of Litchfield in the County of Herkimer of the age of fifty-one
years and upwards being of sound mind and memory do hereby make and publish this my last Will
and Testament in manner following -
I give, devise and bequeath all of my estate either of real or personal property of every name
and nature and wherever the said is situated to my wife Ruth Cole it being my intention to
give to her all I possess and all rights of property of every description and I also appoint
my said wife executor.
Dated March 10, 1880 - Wellington Cole
The foregoing instrument written upon one sheet of paper was at the date thereof subscribed by
the above named testator Wellington Cole in our presence and in the presence of each of us who
at the same time so in our presence and hearing and in the presence and hearing of each of us declared
the same to be his last Will and Testament and at the same time
requested us and each of us to sign the same as subscribing witnesses to said Will which we have
done in his presence at the time of the date of said will and the execution of the same.
Alfred Cole residing at Litchfield, NY
Bethany Cole residing at Litchfield, NY
State of New York
Herkimer County Surrogates Office
Be it remembered that on the 6th day of July AD 1880 the last Will and Testament of Wellington
Cole late of the town of Litchfield, in said County of Herkimer, deceased, bearing date the
10th day of March AD 1880, (being the annexed written instrument,) was duly proved before Amos H Prescott,
surrogate of said County of Herkimer, according to law, as and for
the last Will and Testament of the real and personal estate of said deceased which said last Will
and Testament and the proofs and examinations taken thereon, are recorded in this office in
Book T of Wills on page 451 and following.
In testimony whereof, I Abram B Steele, District Attorney acting Surrogate of said County, have
hereunto set my hand and seal of office at the Surrogates office in the village of
Herkimer, this 6th day of July AD 1880.
[Wellington Cole was my ggguncle, a brother to Byron Cole who was my gggrandfather. His parents
were Joseph and Achsah Pearl Cole. Always willing to share & exchange info - have lots on this family.
Tammie Collins]
Will of Ransford Avery Cole of Litchfield
State of New York
Herkimer County Surrogates Office
Be it remembered that on the 6th day of July AD 1880 the last Will and Testament of Wellington
Cole late of the town of Litchfield, in said County of Herkimer, deceased, bearing date the 10th
day of March AD 1880, (being the annexed written instrument,) was duly proved before Amos H
Prescott, surrogate of said County of Herkimer, according to law, as and for the last Will and
Testament of the real and personal estate of said deceased which said last Will and Testament
and the proofs and examinations taken thereon, are recorded in this office in Book T of Wills
on page 451 and following.
In testimony whereof, I Abram B Steele, District Attorney acting Surrogate of said County, have
hereunto set my hand and seal of office at the Surrogates office in the village of Herkimer,
this 6th day of July AD 1880.
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