This is a Message Board Post that is gatewayed to this mailing list. Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/localities.northam.usa.states.indiana.counties.bartholomew/4321/mb.ashx Message Board Post: More info at http://www.ancestraldata.com/ahnentafel/64/ Will of John Cooley One of the first things that struck me after reading John's will is the fact that it was written only six weeks after the death of his son David. My thanks to Meg Grossman, genealogist at the Bartholomew County Clerk's Office, for a photocopy of the following. The last will and testament of John Cooley of the Township of Jackson in the County of Bartholomew State of Indiana Considering the uncertainty of this mortal life and being of sound mind and memory, Blessed be the almighty for the same, do make and publish this my last will and testament in manner and form following, that is to say first I hereby constitute and appoint Samuel W Fitch to be sole executor of this my last will and testament, directing him to pay all my just debts and funeral expenses and to attend to the renting of the real estate for the use of my wife and further to see that all of the provisions of this my will are executed. Second--I give and bequeth to my wife Celah all my real estate to have and to hold the same until her death. Third--at the death of my wife I want my executor to sell my real estate and all my personal property that is so remaining and divide it equally amongst my heirs, the children of my son David deceased to be as one heir. Fourth--I have a land warrant which I want my executor to sell, also a suckling colt and a three year old colt, also a yearling calf, the proceeds of which he will use to pay the debts and the balance, if any, to be given to my wife. Fifth--I want my son Bradley to have my hand saw. Sixth--I have a young orchard which I want to be well taken care of allowing no stock to run in it. Seventh--I want my executor to give my son Bradley to use of certain fields in prefference [sic] to any one else to farm the one third to be given to my wife Celah, the fields described as follows, all the clear land on the east side of the road, also the last part of the cleared land on the west side of the road. Eighth I want my son Noah to have the meddow [sic] on the west side of the road to mow and to give the one half of the hay to my wife also what land he has cleared he his to have the use of it if he wants it during his lifetime of my wife free of rent Ninth I want the wagon and mare kept on the place for the use of the same Tenth I want my wife to have the cow and heifer and to have the hogs to make use of as she sees fit. Eleventh. My son Bradley is to have my flock of sheep to keep during my wifes [sic] lifetime to give her one half the wool and one half the increase. In witness whereof I have unto set my hand and seal this 6th day of Sept 1865. John Cooley The above instrument consisting of one sheet of paper was now here subscribed by John Cooley the testator in the [------] of us, and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting witnesses. Gilbert Coons residing in Jackson Township Bartholomew County Ind Robert Marshall residing in Jackson Township Bartholomew County Ind State of Indiana ) ) ss Bartholomew County ) Be it remembered, that on the 11th day of May 1866 Robert Marshall one of the subscribing witnesses to the within and foregoing last Will and Testament of John Cooley late of said County, deceased, personally appeared before me Albert Jones Clerk of the Court of Common Pleas of Bartholomew County, in the State of Indiana, and being duly sworn by the clerk of said court, upon his oath declared and testified as follows, that is to say, that on the 6th day of September 1865 he saw the said John Cooley sign his name to the said instrument in writing as and for his last will and testament. and that this deponent at the same time heard the said John Cooley declare the said instrument in writing to be his last will and testament, and that the said instrument in writing was at the same time, at the request of the said John Cooley. and with his consent attested and subscribed by the said Robert Marshall & Gilbert Coons in the presence of the said testator, and in the presence of each! other as subscribing witnesses thereto. and that the said John Cooley was at the tinme of the signing and subscribing of the said instrument in writing as aforesaid, of full age, (that is, more than twenty-one years of age,) and sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes; and further deponent says not. Robert Marshall Sworn to and subscribed by the said Robert Marshall before Albert Jones Clerk of said Court, at Columbia the 11th day of May 1866. [S.S.] In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court Albert Jones Clerk State of Indiana ) ) ss Bartholomew County ) I Albert Jones Clerk of the Court of the Court of Common Pleas of Bartholomew County, Indiana, do hereby certify, that the within annexed last will and testament of John Cooley had been duly admitted to probate, and duly proved by the testimony of Robert Marshall one of the subscribing witness thereto, that a complete record of said will, and the testimony of the said Robert Marshall, on proof thereof, has been by me duly made recorded in Book "B" [--] pages 124 & 125 of the Record of Wills of said County. [S.S.] In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court of Columbus Ohio 11th day of May 1866. Albert Jones Clerk of the Court of Common Pleas of Bartholomew County