Somerset County PA
Wills, Probate Records, Orphan's Court and Posted Notices, Estate Sales of Deceased
Somerset County, Pennsylvania
Orphan Court, Vol 4, Page 55
Dated April 1837
SAMUEL FINDLEY Estate - Donated by Margaret Gagliardi
April Court 1837
The petition of SAMUEL FINDLEY Esquire Surviving DANIEL BEAR administrator of the Estate of SAMUEL FINLEY late of Greenville Township deceased was presented to the court Setting forth. That in pursuance of a Writ of Partition issued out of the orphans court of Said County __ the first day of March in the year of our Lord one thousand eight hundred & sixteen, JACOB ANKENY Esquire High Sheriff of Said County did on the tenth day of May in the year last aforesaid __ __ __ on the real estate of said SAMUEL FINDLEY deceased & the __ aforesaid did enter __ value and appraise a certain tract of land belonging to the estate of said deceased and Known & designated No 2 Containing two hundred acres bounded by DOUGLAS BAKER & others at and for the Sum of Six dollars & twenty one cents per acre That on the 26th day of August 1816 the said inquisition being returned was confirmed by the Said court & a rule was on the Same day granted by the court upon the heirs & legal representatives of Said deceased at the valuation thereof aforesaid & on the 25th day of November 1816 the same rule was continued until the then next February Court. That on the 25 day of February 1817 due proof of the Service & publication of said rule was made in open court & certain of the heirs of Said deceased did appear in open court & then and their refused to take any part of the real estate of Said deceased & the other heirs not appearing the court ordered a Sale of a certain part of the real Estate of said deceased and on the first day of June in the year of our Lord one Thousand eight hundred and twenty one the said court did order a Sale of the before mentioned tract of Land No 2 but the Said order of the court that the said order of Sale of said tract of land No 2 may be continued to him as surviving administrator of said deceased &c&c.
Whereupon the court on the 25th April 1837 on due Consideration of the premises grant a new order of Sale to Said Surviving administrator of said dec'd Sale to take place on the premises on the last Saturday of July Next - Notice to be given in two papers printed in the Borough of Somerset and that six hand bills be circulated in the most public place in Said County of Somerset. Said administrator to Give a new bond with good Security for two Thousand four hundred and eighty four dollars. Terms one third of the purchase money to be Secured by recognizances and the interest thereof to be paid annually to the widow during her natural life - One Third of the remaining two thirds to be paid in hand and the balance in three equal annual installments - without interest, to be secured by recognizance to the several heirs or legal representatives 23d June 1837 Bond filed "advertized" hand bills Circulated. 8th September 1837 The petition of SAMUEL FINDLEY Administrator of Said deceased was _setting forth that at the last court an order was granted to him for the Sale of certain real estate of SAMUEL FINDLEY late of Greenville township deceased That on pursuance of said order he exposed the Same property to Sale but for want of bidders to Such amount as he thought Said property ought to bring he postponed the Sale thereof. He therefore prays that said order of sale may be continued to him.
Whereupon the court on the 8th day of September 1837 Continue said order to Said administrator on the same terms & when Sale to take place on the _ day of November next. New Bond to be given "advertized & Bells circulated". Bond filed with approved _ order issued.
December Court 1837 The petition of SAMUEL FINDLEY surviving administrator of the estate of SAMUEL FINDLEY late of Greenville township in Said County was presented to the Court Setting forth, That is pursuance of the within order of court he did on the 11th day of November 1837 proceed to the real estate of Said deceased mentioned in his petition & in the within order and sold the same on the premises to JOSPEH HAIR for the Sum of eleven hundred & ninety nine dollars & one cent at a public vendue and out _ of the same held in pursuance due public notice of the Sum recording to the within order & on the conditions containing in the same order. He therefore prays the court to confirm the sale of Said land upon the said purchaser complying with the conditions of sale aforesaid And he will pray &c.
7th December 1837 Continued until next Court
31st January 1838 The Court on due Consideration of the premises Conform the Said Sale So made and adjudged the Same to be and remain firm and _ power Upon the purchaser JOSEPH HAIR entering into recognizance with Security, Same day JOSPEH HAIR the purchaser and HENRY HAIR his Surety becomes bound Jointly and Severally unto the heirs and legal representatives of said deceased in the sum of two thousand three hundred and ninety eight dollars and two cents to be void upon condition that they the Said JOSEPH HAIR and HENRY HAIR Comply with the terms of Said Sale So made as aforesaid.
Taken and acknowledged in open Court the 31st January 1838. WM H. POSTTETLWAITE, Clerk
Rec'd 14 Dec 1839 of JOSEPH HAIR the purchases above named the sum of Seventy eight Dollars and forty six cents being the amt due to several heirs on _ _ of the within _ _ calculation & receipt filed. SAMUEL _, Clk.
Southampton Township, Somerset County, Pennsylvania
Will Book Vol 4, Page 481
No. 3, 1850
Dated 12 Dec 1849, Proven 16 Mar 1850
Will of GEORGE COOK - Donated by Margaret Gagliardi
In the Name of God Amen I GEORGE COOK of Southampton township Somerset County and state of Pennsylvania being very weak and of old age but of perfect mind and memory Thanks be given to God that calling unto mind the mortality of my body and knowing that it is apointed for all men to Die Do make and ordain this my last will and testament that is to say Principally, and first of all I give and Recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in a deacent Christian maner and buried at the Direction of my executors nothing doubting but at the general resurection I shall receive the Same again by the mighty power of God and as tuching such worldly estate where with it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form first it is my will that my funeral Doctor and tending to me expenses be paid and all my Lawful Debts to be acertained by my executor and the ballance to be in the following form first I give and bequeath unto my son SOLLOMON two hundred Dollars, and ELIZA hundred Dollars to be paid to her as mentioned in a article of my real estate with WILLIAM F. BITTNER and further I give and bequeath the balance of my estate amongst my Children of my second wife RACHAEL that is to say LYDIA, LUCINDA, LAVINA, MARIAH, SOLLOMON and ELIZA all to be equally Divided amongst them their heirs Executors or Administrators excepting my Daughter RACHEL it is my will shall have fifty Dollars out of my estate and not to come in Divident with them mentioned RACHEL to have her fifty Dollars when so much is Collected by my executors and further it is my will that my To Moveable property be after my decease appraised and sale made thereof by my executors and I do hereby utterly Disallow revoke and Disannul all and every other former testament will Legacy bequest and execution by me in any wise before named wild and bequeathed and ratified and Confirming this and no other to be my last will and Testament . In Witness whereof I have hereunto set my hand and seal this twelveth Day of December in the year of our Lord one thousand eight hundred and forty nine 1849.
N B I the above named GEORGE COOK have chosen JOHN BAKER SEN.and JOHN S. WEIMER to be my executors of this above Described will to execute according to Law as above writen Seigned Sealed published pronounced and declared by the Said GEORGE COOK as his last will and testament in the presants of us who in his presants of each other have each hereunto subscribed our names. GEORGE COOK
BENJAMIN C. CRASBAY, JAMES (o) CRASBEY (his mark)
Somerset County SS. This 16th day of March 1850 personally appeared before me JOS. B. EARL, Register for the probate of Wills and Granting letters of administration in and for Somerset County BENJAMIN C. CRASBAY and JAMES CRASBEY the Subscribing Witness both Within and foregoing Will who being duly qualified According to law depose and Say that they where present and saw and heard GEORGE COOK the within Testator Sign Seal publish pronounce and declare the foregoing instrument of writing as and for his last Will and testament and that he was at the time of So doing of perfect and Sound mind and memory to the best of their Knowledge and belief. BENJAMIN C. CRASBAY, JAMES (o) CRASBEY (his mark)
Sworn & Subscribed before me this 16th of March 1850. JOS. B. EARL, Reg.
I GEORGE COOK of Southampton Township, Somerset County & State of Pennsylvania do make and declare this my last Will and Testament.
1st The children of my first wife ELIZABETH & their heirs have already received from me all their Shares or perport? of my property. My will is therefore that they are to receive nothing further of my estate, real personal or mixed or to be benefited in any wise by this my will.
2nd I give & devise unto my beloved wife RACHEL all my estate real, personal and mixed during her natural life, or as long as She remains my widow, to have the full benefit & behoof thereof Provided that She is to educate & Support my minor children untill they arrive at the age of twenty one years, and I do hereby appoint & constitute my dear wife RACHEL Sole guardian over their persons & estates untill they Shall Severally arrive at the age of twenty one years or marry.
3rd I give and devise unto my children of my present wife viz LYDIA, intermarried with JACOB BITTINGER, LUCINDA intermarried with WILLIAM UHL, LEFINA, MARIA, RACHEL, SUSAN, ELIZABETH & SOLOMON all my personal estate at the death of my wife or her marriage in equal proportions.
4th I give and devise unto my Son SOLOMON All my real estate, at the death or marriage of my said wife, which consists in two contiguous tracts on which is erected a Grist Mill, Saw Mill, House, Barn & other buildings, adjoining lands of JOHN ALBRIGHT, JOSEPH MARIA & others Containing two hundred & twenty one acres, On which Said land I now reside. On condition that he pay or cause to be paid fourteen hundred dollars unto his sisters or their heirs, as follows, as Soon as he comes into possession of the property, which is not be take place untill the death of my said wife (in case of her death) on his arrival at the age of twenty one years, he is to pay one hundred dollars annually, commencing with the oldest, then when each have received one hundred dollars, then to commence again with the eldest, So that each of Said daughters Shall receive two hundred dollars of such Real estate.
5th In the event of the death of myself & wife before SOLOMON Shall arrive at the age of twenty one years, I order & desire that the property shall be leased to the best advantage, by my executors hereafter named, untill he shall arrive at the said age. The rent or proceeds to be equally divided amongst the Said eight children.
6th In the event of the death of SOLOMON before my own or my wifes death or before he shall have arrived at the age of twenty one years, I hereby order direct the Said Real estate to be Sold, at public Sale by my executors & the proceeds to be equally divided amongst the remaining Seven children or their representatives in equal proportions. Provided that the proper real or personal shall not be sold during the widowhood or natural life of my said wife.
I also hereby nominate & appoint JOHN S. WEINER and DANIEL DEPLEY? Esquires Executors of this my last will & Testament hereby revoking all other wills by me heretofore made & declaring this to be my Last Will & Testament, this 3 Nov 1841. Signed Sealed & delivered in presence of us who Signed the same at his request & in his presence this 3rd Nov 1841. GEORGE COOK SENER.
GILLIAM LINT, F. M. KIMMEL
December 17th 1849
Them settled all Book accounts notes receipts and all and every other claims or Demands whatsoever heretofore Dealing or Dealings which we have had anuling all and every book or books heretofore in any wise to be null and void if not closed or marked paid them being all null and void on both parties all books of any kind it written not closed or not all settled to this Date settled between GEORGE COOK and JACOB COOK and said GEORGE COOK fell in JACOB COOKs Debt sixty five Dollars and eleven cents. This in case of JACOB COOK in our presents. JOHN S. WEIMER, WILLIAM F. BITTNER
April 29th 1850 this bill presented by J. COOK and excepted by me. J. S. WEIMER
March 15th 1850
I JOHN BAKER have been informed that I was appointed one of the executor of GEORGE COOK of Southampton township in Somerset County Do Decline Serving the office for the reason being old and very feble. A.C. JOHN BAKER
Rec'd Oct 17th 1850 of JOHN S. WEIMER Executor of GEORGE COOK Dec'dtwo dollars & fourty Eight lots in full of all Accounts between the Said GEORGE G. WALKER & the SAID GEORGE COOK Dec'd. GEORGE G. WALKER
Cumberland March 5, 1851. Received of Rev. WM. UHL forten dollars and fifty cent in full for a pair of marble gravestone with bar for GEORGE COOK dec'd. _
To the Honorable the Judges of the Orphans Court.
The petition of JOHN CASEBEAR assignee of WM UHL & others heirs & legal Representatives of GEO COOK dec'd Respectfully represent that JOHN S. WEIMER the Executor of the last will and testament of GEO COOK dec'd has a large fund in his hands belonging to the estate, and is wholly insolvent your petitioner therefore prays your Honors to grant a rule on Said Executor to appear at next term and show cause why he should not give security or be discharged & he will pray. JOHN CASEBEAR
JOHN J. BENFORD being duly sworn according to law said the facts set forth in the above petition are true to the best of his knowledge & belief Sworn & subscribed Deft. J. J. BENFORD. Sept. 18th 1852. G. LINT
Somerset County SS. At an adjourned orphans Court held at Somerset in and for the County of Somerset on the 22nd day of September A.D. 1852 before the Hon. The Judges thereof.
On petition of JOHN CASEBEER Assignee of WM UHL & other heirs &c of GEO. COOK dec'd The Court grant a Rule on JOHN S. WEIMER Executor of GEO. COOK dec'd to be and appear at an orphans Court to be held at Somerset in and for Said County, on the second Monday of Nov. next 1852 then and there to show cause why you should not give security or be discharged from said trust.
Extracts from the Records of Said Court Certifies this 23rd day of Sept. A.D. 1852. C. M. Hicks, Clk.
JOHN S. WEIMER Executor of GEORGE COOK Dec'd. No. 71 vs. CHARLES WILHELM, JOHN GIGER JR. Cost Justice 25
Before GEORGE G. WALKER Esqr. Amiele action in plea of Debt Not Exceeding $100 to appear on the 26th day of October 1850 Plaintiffs demand is on Note dated 28th day of March 1850 Six months after date for five dollars & Ninety five cts. October 26th 1850 CHARLES WILHELM one of the Defendants appeared And brings an Account in bar For $9 45/100 Plaintiff Not appearing Judgment for Defendant for Debt & Cost.
Debt $3 50/100
Rec'd December 21st 1850 of JOHN S. WEIMER Executor of GEORGE COOK Dec'd the Amount of the Above judgment & Cost in full. GEORGE G. WALKER
April 29th 1850. Received of JOHN S. WEIMER exr of GEORGE COOK Dec'd three dollars & forty four cent for services rendered for being witness to will and crying the sale. Fee per me. JAMES (o) CROSBY, (his mark)
Somerset County SS. At an orphans Court held at Somerset in and for Said County on the 11th of Nov 1850 before the Hon'o the Judges Thereof:
On petition of JOSPEH S. FRANCE and RACHEL FRANCE the Court award a Citation on JOHN S. WEIMER Executor of the Estate of GEORGE COOK dec'd to appear at the Next Orphans Court to be held at Somerset on this 1st Monday of Febry next 1851 to show cause why you Should not be discharged from any further trust in said estate or give sufficient Bail for Said trust or letters Should not be vacated. The Commonwealth of Penna.
To JOHN S. WEIMER
Greeting. You laying aside all business and Excuses whatsoever are hereby cited to be and appear Before an orphans court to be held at Somerset on the 1st Monday of February next 1851 to Show cause why you should not be discharged from Any further trust in Said estate and also why the Letters Testamentary should not be vacated. Herein fail not. Given under my hand and Seal of Office at Somerset 11th Nov 1850. JOS B. EARL, Clk
Somerset County ss. To the Honorable the Judges of the Orphans Court of Somerset County.
The petition of JOHN S. WEIMER Executor of the Last Will & Testament of GEORGE COOK SENIOR late of Southampton Township dec'd represents
That the said GEORGE COOK SR. was seised in his demisne as of fee of & in certain lands gins? & being within the said county, and being So there of seised do the Sixth day of December 1849 entered into & executed an agreement for the sale thereof to a certain WILLIAM F. BITNER in the words & figures as follows, namely Article of agreement made and agreed upon, the Sixth day of December one thousand eight hundred & forty nine by and between GEORGE COOK of Southampton Township Somerset County * State of Pennsylvania of the first part and WILLIAM F. BITTNER of the second part, Witnesseth that the said GEORGE COOK for the consideration Sum herein after mentioned doth grant bargain & Sell unto the said WILLIAM F. BITTNER and by these presents doth grant bargain & sell unto the Said WILILAM F. BITTNER all that plantation or tract of land Containing two hundred & twenty two acres, the Same being two tracts adjoining lands of JOHN WILL, PETER RIVER, JOHN BAKER, BENJAMIN CROSBY and WILLIAM MAY being and being in Southampton Township County & State aforesaid together with all & Singular, the Buildings & other improvements thereon erected, which is now occupied by the Said GEORGE COOK and WILLIAM F. BITTNER of which the said WILLIAM F. BITTNER his heirs executors or administrator or some of them shall and will & truly pay or cause to be paid unto the Said GEORGE COOK or to his heirs executors or administrator the just & full sum of two thousand dollars in the following manner two hundred dollars one year after the death of the said GEORGE COOK and two hundred dollars then each & every year on the same date untill all is paid being two thousand dollars of the which said GEORGE COOK biddeth himself his heirs executors or administrators at his own expense to make a good & sufficient deed or deeds of the aforesaid two tracts of land unto the Said WILLIAM F. BITTNER or to his heirs executors or administrators or such of them, or as after? the first two hundred dollars are to be paid & said deeds to be completed as is _ that day and I GEORGE COOK do authorize my Executors or administrators to pay unto ELIZA my daughter in whomes hands it may come one hundred dollars out of the first two hundred dollars extra pay for tending to me her father if she be of age, if not as soon as she may become of age or to her guardian if she may have one and the said to put the sum on interest till she may become of age or married said guardian to pay all over to her or her husband the said to be paid then as aforesaid, it be in whoever hands it may.
N. B. and it is further agreed by the two parties that the said WILLIAM F. BITTNER is to give said COOK all the shares which he the said BITTNER had to give said COOK for the years, 1848, and 1849 to do & perform the same as he the said BITTNER had to do in the article made on the 6th day of Novm 1848 Now in care of JOHN S. WEINER from the end of that article to the death of the said GEORGE COOK said article to continue the same as when first written & to Stand good till the death of the said GEORGE COOK & no longer & the said GEORGE COOK to keep possession of said property as before this date until his decease. In witness whereof the two parties have hereto set their hands & seals day & year first above written. Signed GEORGE COOK, WILLIAM F. BITTNER
Signed Sealed & delivered in the presence of us BENJAMIN E. CROSBY, JOHN S. WEINER
That the Said WM F. BITNER is ready and willing to pay or secure to be paid the Said consideration money, but that no sufficient provisions for the performance of the Said bargain or contract appears to have been made by the Said deceased in his lifetime though he was well satisfied and intended that the same should be consummated. That the Said WM F. BITTNER remained in possession until the death of said GEORGE COOK in pursuance of said agreement, & still continues in possession.
Your petitioner therefore pray your honors to appoint some day certain at which notice may be given to all person interested to appear in your said court to answer this bill or petition.
And further that your Honor decree to specific performance of the said Contract according to the true intent and meaning thereof and according to the laws of this state in order to the completing of the title to WM F. BITTNER.
I WM F. BITTNER having been made acquainted with the content of the foregoing petition join in the prayer of the Same acknowledging the fact therein set forth to be true. JOHN S. WEIMER
I, S. WEIMER the petitioner being duly sworn declare, that the facts, set forth in the foregoing petition are true to be best of his knowledge & belief. JOHN S. WEIMER
Sworn & Subscribed before me Nov 1st 1850. Wm F. DIVERLY
To the Honorable the Judges of the Orphans Court of Somerset County
The Petition of JOSEPH S. FRANCE and RACHEL FRANCE
Respectfully represent That by the last Will and testament of GEORGE COOK late of Southampton township JOHN S. WEIMER, was appointed Executor of the estate of said Testator which Will being duly proven before the Register of the County, Letters testamentary were granted to said JOHN S. WEIMER who has taken upon himself the duties pertaining to said Trust That said Executor is believed to be wasting or mismanaging the property of said estate under his charge, and is now, or is likely to prove insolvent. Your Petitioners being interested in the estate, of said Testator therefore prays your honor to issue a citation to said Executor, requiring him to appear on the (blank) day of November 1850 before the Orphans Court of said county to show cause why he should not give security for the faithful performance of his Trust and further abide all orders of the court in this behalf and they will pray &c. JOSPEH S. FRANCE, RACHEL FRANCE
Somerset County ss. Personally came JOSEPH S. FRANCE who being duly Sworn according to law, says the facts set forth in the foregoing Petition are correct & true, according to the best of his knowledge & belief. JOSEPH S. FRANCE
Sworn & subscribed before me this 16th day of October 1850. JOS. B. EARL, Clk O. C.
Somerset County, Pennsylvania
Petition of Guardianship No. 3, 1850
Dated 22 April 1850
Petition of ELIZA COOK for Guardian - Donated by Margaret Gagliardi
April 22nd 1850, WM UHL appointed Guardian Bail $200
To the Honorable the Judges of the Orphans Court of the County of Somerset.
The petition of ELIZA COOK daughter of GEO. COOK late of the township of Southampton in said County dec'd. Humbly Showeth:
That the said petitioner is a minor under the age of fourteen years and hath no guardian appointed to take care of her person & Estate.
Your petitioner therefore prays your honors to appoint some fit person as guardian. And She will pray WM UHL. ELIZA (x) COOK her mark
Southampton Township, Somerset County, Pennsylvania
Will Book ___, Pages ___
Dated 27 Feb 1892, Proven 1 or 8 Jun 1893
Will of JESSE COOK - Donated by Margaret Gagliardi
I JESSE COOK of Southampton Township in the county of Somerset and State of Pennsylvania, yeoman, being of sound mind, memory and understanding, do make and publish this, my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
First of all I direct that my body be placed in a metallic casket and interred in the HOYMAN Cemetery and that my funeral services be conducted by a minister of the Evangelical Church.
As to such estate as it has pleased God to intrust me with, I dispose of the same as follows, viz:
1st I will and bequeath the surface only of farm at the price and on the conditions herein named, then the farm may be taken by one or more of my sons in order of age (oldest first) and if not accepted by one or more of them, then by one or more of the daughters at the price and on the conditions hereinbefore named, otherwise it may be sold at Public or private Sale to the best and highest bidder on such terms as may be arranged by my executors
8th And , lastly, I do nominate and appoint my sons JONAS M. COOK, and JESSE J. COOK to be the Executors of this my last Will and Testament.
NOTE: It appears that the Clerk, when he was transcribing this Will made a mistake and therefore started over.
I JESSE COOK of Southampton Township in the county of Somerset and State of Pennsylvania, yeoman, being of sound mind, memory and understanding, do made and publish this, my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
First of all I direct that my body be placed in a metallic casket and interred in the HOYMAN Cemetery and that my funeral services be conducted by a minister of the Evangelical Church.
As to such estate as it has pleased God to intrust me with, I dispose of the same as follows, viz:
1st I will and bequeath the surface only of my Home Farm, situated in Southampton Twp, Somerset County Penna, containing one hundred and fifty (150) acres, more or less, adjoining lands of Somerset County Coal and Iron Company (Eli Shaffer, Martin heirs, and others, to my son JESSE J. COOK, for and in consideration of six thousand dollars ($6000) lawful money to be paid to my executors hereinafter named as follows: Namely 1st Payment not less than one thousand dollar ($1000) in cash six months after my death, and not less than four hundred dollars ($400) on the 1st of April yearly without interest including his (JESSE J. COOK's share in the estate until all is paid.
2nd In case the time for the 1st Payment should come within three months prior to April 1st, then the next payment of not less than four hundred dollar ($400) to be continued or deferred until April 1st of the year next following.
3rd Should my wife ELIZABETH survive me, a dower of two thousand dollars ($2000) to remain in the Farm as long as she may live, for In interest on which she may be kept by JESSE J. COOK at the Homestead, or in case she may desire to make her home elsewhere, then the interest on two thousand dollars ($2000) to be paid to her annually by the said JESSE J. COOK.
4th Should the life of my wife ELIZABETH be continued beyond the time of my death, she may select from the household goods, furniture, bedding &c such as she may desire, and the remainder if any such as she may not choose to divide among the children, shall be sold by my executors, hereinafter named, at Public or private sale, together with all other personal property - she, my wife ELIZABETH, to have three hundred ($300) from the fund thus realized.
5th That the interest on all notes held by me against my children for money advanced during my lifetime shall cease from and after the date of my death, likewise on all notes against my sons-in-Law CHARLES A. SMOUSE and WILLIAM H. DEAL, if living at the time of my death; otherwise the amounts of such notes to be collected, and the money to be applied to their children from their respective wives ELIZABETH and ALICE.
6th That the Share of my son JESSE J. COOK shall remain in the farm, the amounts to be deducted from the several payments the 1st Payment of one thousand dollars excepted, and that the estate be equally divided - Share and Share alike - between my nine children, namely: JOSIAH COOK, KATE A. WILHELM, JONAS M. COOK, EDWARD L. COOK, MARTHA E. WINGERT, WILLIAM H. COOK, JESSE J. COOK, ELIZABETH S. SMOUSE, AND ALICE M. DEAL.
7th If my son JESSE J. COOK should not survive me, or should he refuse to accept the farm at the price and on the conditions herein named, then the farm may be taken by one or more of my sons in order of age (oldest first) and if not accepted by one or more of them, then by one or more of the daughters at the price and on the conditions hereinbefore named, otherwise it may be sold at Public or private Sale to the best and highest bidder on such terms as may be arranged by my executors.
8th And lastly, I do nominate and appoint my sons JONAS M. COOK and JESSE J. COOK to be the Executors of this my last Will and Testament.
In witness whereof I, JESSE COOK, the Testator have to this my Will, written on one continuous sheet of paper, set my hand and seal this 27th day of Feb A.D. one thousand eight hundred and ninety two. JESSE COOK
Signed, sealed, published and declared by the above named JESSE COOK as and for his last Will and Testament in the presence of us who hereunto subscribe our names at his request in the presence of the Testator and of each other. SAMUEL H. KINNELL, JONATHAN J. KENNELL
I JESSE COOK the within named testator, do hereby make and publish this codicil to my last will and testament bearing date the 27th day of Feb 1892 in manner following, to wit; Item I do revoke the payment of Four Hundred Dollars in them one in my said will and devise the same shall be Three Hundred Dollars per annum as long as my wife ELIZABETH COOK shall live, and annually after the death of my wife ELIZABETH COOK the said JESSE J. COOK to pay annually Four Hundred Dollars until the dowery and the remainder of the Six Thousand Dollars is paid, duducting her share out of the same. Item I will and devise that all the personal property that I have bequeathed in the foregoing will to my wife ELIZABETH that that what she does not use during her lifetime to be sold by my executors and equally divided among my nine children. In witness whereof I have hereunto set my hand and seal this 21st day of March in the year of our Lord one thousand eight hundred and ninety three. JESSE COOK
Signed sealed published and declared by the said JESSE COOK as and for a codicil to his last will and testament in the presence of us, who, in his presence and in the presence of each other, have at his request, subscribed our names as witnesses thereto. MICHAEL LONG, JONATHAN J. KENNELL
Somerset County, ss: On this 1 or 8 day of June, A. D. 1893 before me A. J. Hileman register for the probate of wills and granting letters of administration in and for the county aforesaid, personally came SAMUEL H. KENNELL & JONATHAN J. KENNELL the subscribing witnesses, to the will hereto attached, and MICHAEL LONG & JONATHAN KENNELL, the Subscribing witnesses to the Codicile thereto who being duly affixed according to law, do say that they were present and saw and heard JESSE COOK was of sound mind, memory and understanding, to the best of their knowledge and belief. SAMUEL H. KENNELL, JONATHAN J. KENNELL, MICHAEL LONG, JONTAHAN J. KENNELL
Confirmed and subscribed to before me the date aforesaid, R. J. HILEMAN, Register
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