Will of Josiah T Cook


Schoharie County NYGenWeb Site

Submitted by Diane Frazier

Transcribed from SAMPUBCO photocopy by Diane B. Fredericks Frazier
Montgomery Co., New York, Mohawk 19-21
Coolman, Rosa, Baker, Youngs, Wert, Suits, Nellis, Moyer

Will of Peter Coolman

Be it remembered, that heretofore, to wit, on the
eighteenth day of February 1889 Peter W. Coolman, one
of the Executors named in the last will and testament
of Peter Coolman late of the town of Mohawk in the
county of Montgomery, deceased, appeared in open court
before Hon. John D. Wendell, Surrogate of said county,
and made application to have the said last will and
testament, which relates to real and personal
property, proved; and on such application the said
surrogate did ascertain by satisfactory evidence who
were the widow, heirs at law and next of kin of said
testator and their respective residences; and the said
surrogate did thereupon issue a citation, in due form
of law, directed to the said widow, heirs at law and
next of kin by their respective places of residence,
requiring them to appear before said surrogate at his
office in the village of Fonda on the 11Th day of
March 1889, to attend the probate of said will. And
afterwards, to wit, on the said eleventh day of March
1889, satisfactory evidence by affidavit was produced
and presented to the said Surrogate of the due service
of said citation in the mode prescribed by law, and on
that day Mary Ann Coolman, widow-Peter W. Coolman,
John V. Coolman appeared in person-no one appearing to
oppose the probate of said will, such proceedings were
thereupon had afterwards that the said Surrogate took
the proof of said will hereinafter set forth upon this
eleventh day of March in the year one thousand eight
hundred and eighty nine; and he adjudged the said will
to be a will valid to pass real and property; and the
proofs thereof to be sufficient, which said last will
and testament and the proofs thereof are as follows,
that is to say:

THE WILL OF PETER COOLMAN

In the name of God, Amen. I Peter Coolman of the town
of Mohawk in the county of Montgomery and State of New
York, being of sound disposing mind, memory and
understanding do hereby make, publish and declare this
my last will and testament in manner and form
following. That is to say:
FIRST, I give and bequeath unto my beloved wife, Mary
Ann Coolman, all my household goods and furniture, and
to her next of kin and assigns forever.
SECOND, all the rest, residue and remainder of my
personal property I give and bequeath to my sons Peter
W. Coolman and John W. Coolman. Share and share alike
to them, their next of kin and assigns forever.
THIRD, I give and devise to my son John W. Coolman
the real estate conveyed to me by Isaac A. Rosa as
Referee to by Referees deed in partition deeded
October 30Th 1885 and recorded on the same day in the
Montgomery Clerks office in Ledger 103 of deeds on
page 470 containing about twenty acres of land more or
less. I also give and devise to my son John W. Coolman
that certain farm of about one hundred acres conveyed
to me in deed from William Baker and wife dated
September 17Th 1860 and recorded September 22, 1860 in
Montgomery County clerks office in Book No. 72 of
deeds at page 536 to have and to hold both the above
described pieces of real property to him, his heirs
and assigns forever subject to the legacies bequests
and debts after directed to be paid by him.
FOURTH, All the rest residue and remainder of my real
estate I give and devise to my son Peter W. Coolman to
be had and held by him, his heirs and assigns forever
subject to the legacies bequests and debts herein
after by him directed to be paid.
FIFTH, I devise and bequeath unto my beloved wife
Mary Ann Coolman for and during the term of her
natural life a home in the farm home wherein we now at
the time of executing this will reside fully as
unrestricted as she now enjoys the same. And I also
give and bequeath unto my said wife her suitable care,
support and maintenance in sickness and health with
proper medical and other attendance, and I charge and
direct my said son Peter W. Coolman to furnish unto
her my said wife all that is necessary for her care,
support, maintenance and attendance during her natural
life, and I make the same an express charge and lien
upon the real estate herein before devised to my said
son Peter W. Coolman.
SIXTH, I also give and bequeath unto my beloved wife
Mary Ann Coolman an annuity of two hundred dollars for
and during the term of her natural life to be paid
unto her by my said son Peter W. Coolman in such
installments as she shall in each year elect and I
make the payments of said annuity an express charge
and lien upon the real estate herein before devised to
my said son Peter W. Coolman.
SEVENTH, The provisions herein made for the benefit
of my said wife are to be taken and accepted by her in
lieu of her dower and thirds in my real estate, and
the portion of my personal property which the State
directs to be set apart for her and for her use, by my
executors. And in case my said wife elects to take her
dower and thirds in my property and statutory right in
my personal property she shall take nothing by virtue
of this will, and in that case I direct my said son
Peter W. Coolman to pay unto my said son John V.
Coolman in each and every year during the term of the
natural life of my wife Mary Ann Coolman such sum as
shall be equivalent to the use of such portion after
real estate hereinbefore devised to my said son John
V. Coolman as shall be set apart to my said wife for
her dower.
EIGHTH, I give and bequeath unto my daughter
Catharine Youngs the sum of two hundred and fifty
dollars to be paid unto her by my said son Peter W.
Coolman with interest from the time of my death one
year after my decease. I give and bequeath to my
daughter Martha Wert the sum of two hundred and fifty
dollars to be paid unto her by my said son Peter W.
Coolman two years after my decease with interest from
the time of my decease, and I make the payments after
said bequests and each of them an express charge and
lien upon the real estate herein before devised to my
son Peter W. Coolman.
NINTH, I give and bequeath unto my daughter Mary Jane
Suits the sum of five hundred dollars to be paid unto
her by my son John V.Coolman one year after my decease
with interest from the time of my decease and I make
the said bequest unto her an express charge and lien
upon the real estate herein before devised to my said
son John V.Coolman.
TENTH, I make no provisions in this will for my sons
Walter and Luther for the reason that I have already
advanced unto each of them what I deem his fair and
just share of my estate.
ELEVENTH, I direct my son John W. Coolman to pay unto
James Wert all that may be due or may grow upon my
bond this day made to the said James Wert to pay the
sum of thirty two hundred dollars and interest, or to
pay the same to any person who may own the said bond.
LASTLY, I make, constitute and appoint my wife Mary
Ann Coolman the executrix and my son Peter W. Coolman
the executor 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 second day of May one thousand eight hundred
and eighty eight.
PETER COOLMAN(LS)
Andrew J. Nellis, Fayette E. Moyer witnesses
We whose names are hereunto subscribed do certify
that Peter Coolman the testator subscribed his name to
this instrument in our presence and in the presence of
each of us, and at the same time he declared in our
presence and hearing that the same was his last will
and testament and requested us and each of us to sign
our manes thereto as witnesses to the Execution
thereof and which we have done accordingly in the
presence of the said testator and of each other the
day of the date of the will, and we further certify
that before any of the foregoing steps to Execute the
said will had been taken the word "Expense" in the
third line of the second page, counting from the
bottom of said page had been erased and the word
"attendance" had been interlined there over, the word
"be" had been interlined in the second line of the
seventh paragraph of said will between "to" and
"taken" the word "Tiffany" in the second line of the
eighth paragraph had been erased, and the word
"Youngs" interlined thereover, and the word"acres" had
been interlined in the fourth line counting from the
bottom of the first page between the words "twenty"
and "of."
Andrew J. Nellis residing at Johnstown Fulton Co.,
N.Y.
Fayette E. Moyer residing at Johnstown Fulton Co.
N.Y.
SURROGATES COURT
State of New York
County of Montgomery} SS

In the matter of proving the will of
Peter Coolman deceased

Fayette E. Moyer of the town of Johnstown in the
county of Fulton, and Andrew J. Nellis of the town of
Johnstown in the county of Fulton, being duly sworn
and examined in open court before Hon. John D. Wendell
Surrogate of said county, do depose and say, and each
for himself deposeth and saith that he was acquainted
with Peter Coolman in his lifetime, and was present
and saw the said Peter Coolman subscribe his name at
the end of the instrument in writing now produced and
shown, bearing date the second day of May 1888; that
the said Peter Coolman at the time he so subscribed
it, declared the said instrument to be his last will
and testament, and requested these deponents to
subscribe their names as witnesses to the execution
thereof. Thereupon these deponents subscribed their
names as witnesses at the end of said instrument in
the presence of the said Peter Coolman and of each
other. That the said Peter Coolman at the time he so
executed the said instrument was a citizen of the
United States, an inhabitant of the county of
Montgomery, of full age, of sound and disposing mind
and memory, and in all respects competent to devise
real estate, and not under any restraint or in any
respects incompetent to devise real estate and was in
all respects competent to make a valid will. And the
said Andrew J. Nellis for himself further separately
says that he drew said will for the testator at his
request according to his directions and just as he
desired it, and the same has been in deponents custody
ever since exection thereof, and the same has not in
any respect been altered or changed.
Taken, subscribes and sworn this 11th day of March,
1889 before me,} Andrew J. Nellis
Fayette E. Moyer
J.D.Wendell
Surrogate
I, John D. Wendell Surrogate of the county of
Montgomery, do hereby certify that the foregoing are
true copies of the will, probate and proof thereof of
Peter Coolman deceased.
Registered the 11Th day of March 1889
J.D.Wendell Surrogate


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