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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Created 10/27/00
Copyright © 2000 Tammie Collins
All Rights Reserved.