Deed & Wills
[Transcribed from SAMPUBCO COPY
by Bruce and Meredith Smith, 18 July 2006]
Clermont Will Book E, page 171.
In the name of God Amen: I Peter P. Cole in the Town of Clermont in the County of Columbia and State of New York being at present of sound mind and deposing mind, memory, and understanding do make and order this my last will and testament – in manner following.
First I recommend my soul to God who gave it and my body to be decently interred in the earth at the discretion of my executors herein named; and as to such worldly estate of God of his goodness hath bestowed upon me; I give and dispose thereof in manner hereinafter mentioned that is to say my personal property, - I wish to have sold at public venue and the avails thereof appropriated to the payment of all lawful and just debts that may exist against me. In case all the demands against me should not be discharged with the avails attained it is my will and desire that so much of my real estate (being a lot of 25 acres purchased from Peter Lewis – and a woodlot – all situate and lying in the Town of Red Hook Dutchess County) be disposed of at public sale as may be necessary to discharge the remainder of the debts which may be held against me – it is my further will and desire that all the real estate left – after balancing my accounts be give and disposed of to my beloved children Peter and Simon Cole – reserving however one third for the use and support of my beloved wife Maria if anything should remain after her death I give and dispose of it to my sons Peter and Simon in equal proportions as above directed all which directions I trust and confide to my executors and friends Peter Lewis of the town of Red Hook Dutchess County and State of New York, and Peter Van Buren physician of the Town of Clermont County of Columbia and state aforesaid. I further will that my children named herein named realize the income of the property bequeathed to them annually or as the executors in their hones judgment may think proper until Simon my youngest son shall have reached the lawful age of twenty one, when it shall be equally divided as before mentioned between them subject to their entire disposal – provided however that one either of my children herein named, should die, before the distribution of the property as above directed - it is my wish that the survivor be entitled to the part as left to the deceased. Lastly I hereby appoint, - Peter Lewis and Peter Van Buren as above described as 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 twentieth day of October A. D. one thousand eight hundred and twenty six.
Signed, sealed, published and declared by the above } his
named Peter P. Cole to be his last Will and Testament } Peter P. X Cole S.S.
in presence of us who have hereto subscribed our names as } mark
Witnesses in presence of the Testator. }
John J. Potts
Peter Van Buren
State of New York County of Columbia LS Be it remembered that on the ninth day of December in the year of our Lord one thousand eight hundred and twenty six Peter Van Buren personally came before me Abraham Van Buren Surrogate of the County of Columbia aforesaid and being duly sworn did depose and say that he saw Peter P. Cole execute the Instrument of which the preceding is why and for his last will and testament that at the time of the execution thereof he the said Peter P. Cole was of a sound and disposing mind and memory according to the best of his knowledge and belief of him the said deponent and that he the said deponent Daniel Minkler – Peter Lewis – and John J. Potts severally subscribed their names as witnesses to the said will of the said Peter P. Cole in his presence and in the presence of each other. A. Alan Van Buren Surrogate.