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, Amsterdam 24-40
Coolman, Ferguson, Wert, White

Will of Walter Coolman

Be it remembered, that heretofore, to wit, on the 5Th
day of Oct. Levi Coolman named in the last will and
testament of Walter Coolman, late of the town of
Amsterdam in the County of Montgomery, deceased,
appeared in open court before our 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 persons aforesaid by
their respective names, requiring them to appear
before said Surrogate at his office in the City of
Amsterdam on the 22ND day of October, 1904, to attend
the probate of said will. And afterwords, to wit, on
the said 22ND day of October, 1904, 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
Executor appearing in person and by James W. Ferguson
Esq., his Attorney and 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 22ND day
of October in the year one thousand nine hundred and
four; and he adjudged the said will to be a will and
testament valid to pass real and personal 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 WALTER COOLMAN

I, Walter Coolman, of the town of Amsterdam,
Montgomery County, and State of New York, being of
sound mind and memory, do make, ordain, publish and
declare this to be my last will and testament, that is
to say:
FIRST, After all my debts are paid and discharged, I
give, devise and bequeath into my wife Catherine
Coolman, all my household furniture and furnishings,
both useful and ornamental. I also give, devise and
bequeath to my said wife the sum of five hundred
dollars, for and during the term of her natural life
or as long as she remains my widow, the same to be
accepted and received by her in lieu of dower and any
and all claims which she as my widow may have on my
estate.
SECOND, I give and bequeath to my son Levi Coolman,
all my farming utensils, machinery, wagons, horses,
stock, produce and crops which I may have on my
homestead farm in the town of Amsterdam, N.Y. at the
time of my death, but I hereby reserve the right to my
wife to use the top buggy, a suitable horse and
harness, whenever she may want the same as long as she
remains on my homestead farm.
Third, All the rest, residue and remainder of my said
estate both real and personal, I give and bequeath as
follows-
(1)The one undivided half thereof to my said son Levi
Coolman forever
(2)The other undivided one half to my sister Martha
Wert of the city of Johnstown, N.Y. but in trust
however for my daughter Nellie Coolman. I hereby will
and direct my said sister, as trustee, for my said
daughter, to invest and keep invested on bond and
mortgage on improved real estate all moneys she may
receive from my estate as such trustee, and to pay,
expend and use the income therefrom for the proper
care, maintenance and support of my said daughter
Nellie, and in case the income from such estate shall
be insufficient to properly care for and maintain my
said daughter Nellie, I hereby authorize and direct my
said sister as such trustee to use as much of the
principal of said trust estate as is necessary for the
proper care and maintenance of my said daughter,
Nellie. Upon the death of my said daughter Nellie
Coolman, the balance and remainder of said trust
estate I give, devise and bequeath to my son Levi
Coolman and to his heirs forever.
I hereby authorize and empower my said sister Martha
Wert, as trustee for my said daughter Nellie Coolman,
to sell and convey by proper deeds of conveyance any
and all real estate which may pass to her as such
trustee under terms of this will.
I hereby authorize and direct my executrix and
executor hereinafter named to erect over my grave a
monument or headstone similar to the one over the
grave of my first wife and to charge the expense
thereof to my estate.
Like wise, I make , constitute and appoint my wife
Catherine Coolman and my son Levi Coolman to be
executrix and executor of this my last will and
testament, hereby revoking all former wills by me
made.
In witness whereof, I have here unto subscribed my
name and affixed my seal, the third day of October in
the year one thousand nine hundred and one.
Walter Coolman

The above instrument, consisting of one sheet, was at
the date thereof subscribed by Walter Coolman in the
presence of us and each of us; he at the time of
making such subscription, acknowledged that he made
the same, and declared the said instrument by him to
be his last will and testament, whereupon we then and
there, at his request, and in his presence and the
presence of each other, subscribed our names as
witnesses thereto.
James W. Ferguson residing at Amsterdam, N.Y.
Edward P.White residing at Amsterdam,N.Y.

State of New York Surrogates Court
County of Montgomery
In the matter of proving the will
of
Walter Coolman deceased

Edward P. White of the City of Amsterdam in the
county of Montgomery, and James W. Ferguson of the
City of Amsterdam in the county of Montgomery-being
duly sworn and examined in open court before our
Surrogate of said county, do depose and say; and each
for himself deposeth and saith that he was acquainted
with Walter Coolman in his lifetime, and was present
and saw the said Walter Coolman subscribe his name at
the end of the instrument in writing now produced and
shown, bearing the date the 3rd day of October, 1901;
that the said testator 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 in the execution
thereof. Thereupon these deponents subscribed their
names as witnesses at the end of said instrument in
the presence of the said Walter Coolman and of each
other. That the said Walter 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
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
James W. Ferguson 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 deponent's custody ever since
the execution thereof, and the same has not in any
respect been altered or changed.

Taken, subscribed and sworn this 22ND day of October
1904, before me
W. Barlow Dunlop
Surrogate
Edward P. White
James W. Ferguson

I W. Barlow Dunlop Surrogate of the County of
Montgomery, do hereby certify that the foregoing are
true copies of the will, probate and proof thereof of
Walter Coolman deceased.
Registered the 22ND day of October 1904
W. Barlow Dunlop Surrogate


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