LAST WILL AND TESTAMENT OF ROBERT COLE, VOLUME 1, PAGES 182 THRU 186 MARYLAND STATE ARCHIVES, HALL OF RECORDS, ANNAPOLIS, MARYLAND IN THE NAME OF GOD, AMEN, the second Day of aprile in the year of our Lord 1662 I Robert Cole of St. Clements Bay in the Province of Maryland Yeoman being in good health and perfect memory Praise be given to God for the Same and being desirous to settle things do make this my last will and Testament in manner & forme following: That is to say, first and principally I comend my soul to allmighty God my Creator and my body to the Earth from whence it was taken, and touching such worldly Estate as the Lord in mercy hath lent my will and meaning is the same shall be Employed and bestowed as hereafter by this my will is expressed and first I doe revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testament after my Death Certainly knowne. 1. Ittem I give and bequeath to my hououred friend Mr. Francis Fitzherbert or his Successors the best hogshead of Tobacco of my Crop and the best Steer of my Stock in Testimony that I dye a Roman Catholick and desire the Prayers of the holy Church. 2. I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attaine the age of eighteene yeares but in case be should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in Case Ann Harinton be dead before Francis come to that age and leave no issue that then my Children shall have the whole gift Equally amongst them. 3. Ittem I give and bequeath unto my Son Rob: Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Cattle to be Equally shared amongst them as Each of them to the age of Eighteen years that is to Say when my Son Robert come to that age he shall the fifth part of my Cattell taken from the rest and known to be his and So forth till the two youngest come to ye same age as aforesaid. 4. Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, Blanket red rugg and one pair of my best sheets and my spice mortar and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron. 5. Ittem I give and bequeath Elizabeth Cole my best flock bed and Bolster green rugg one Blanket one pair of sheetts one Iron Pot six napkins one diaper table Cloth and one Smoothing Iron. 6. Ittem I give and bequeath unto my son Robert Cole to him and his heirs for Ever My Plantacon I now Live on and all the Land and Houses belonging to it with the Orchard he the Said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the Space of Seven years as aforesaid. 7. Ittem My will is that my aforesaid Children have such Education in Learning as to write and read and Cast accompt I mean my three Sonnes, my two daughters to learn to read and sew with their needle and all of them to be keept from Idleness but not to be keept as Comon Servants and that the Learning so bestowed upon my Children be out of my whole Estate before they do come to the age aforesaid and after Such learning So bestowed that Such Care be taken of my Children that they may not forget their Learning before they do come to the age as aforesaid. 8. Ittem my Will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free Such or so many others may be put in their rooms to Serve my Children Jointly. 9. Ittem my Will is that my Executors hereafter named have Such Power by this present Writeing of this my Will as to Sell or dispose of any part of my Estate for the good of my Children in Generall. And my Will is that my Stock of Cattell never exceed the number of fifty one whole year together but they may be sold either alive or dead for the use of my Children as aforesaid but not So Sold as to Scant Either my Children or Servants of necessary and wholesome provision for their health and strength. 10. Ittem I give and bequeath to my Son in Law Francis Knott the rights of 50 acres of Land as they do stand upon the record Whereas I had a Warrant to Survey four hundred acres and I did Survey but 350, the which survey I did assign to John Wheeler. 11. Ittem I give and bequeath unto my three sons Robert, William, and Edward Cole the Rights of 600 acres of Land Equally amongst them whereof I have a Warrt of 450 acres amongst my papers Since that Warrant was granted I have rights for John Elton, Sibele Jackson, and Isobelle Joanes for their transportacons. 12. Ittem I give and bequeath all the estate whatsoever be it Land houses or money that doth any ways belong unto me in England or of Right Should belong to me unto my Children in Generall after the Death of my Loveing Mother Mrs Jane Cole of Heston in the County of Middlesex but in Case my Mother should be necessitated and impoverished then my Will is that my mother have sent to her a Competent yearly and Every year a reasonable Sustenance out of my Estate dureing her Naturall life. My will is also that if any of my Children doth dye before the age aforesaid or under the age of Twenty one yeares without issue that then Such a part as did belong to Such an one Shall be equally divided amongst them that are liveing. My will is also that if any of my Children dye with out Issue that then it Shall not be in their Powers to give to any other than their brothers or Sisters more than one fourth part of Such Goods or Chattells given by me to them as they shall be possessed of at the Day of their Death. 13. Ittem I give all the rest of my Estate as hogs beding pewter potts kittles spoones tubbs payles trayes bottles Juggs rundletts Tables chaires Stools Linnen and woolen pottry and all other goods that doth Belong to me or may hereafter belong to me unto my 3 sons Robert William and Edward Together with my Gunns powder and shott reserving only two sowes and a barrow of two years old for my Son in Law Francis Knott if he doth live to ye age aforesaid if he should dye before that age then all to my three sons aforesaid or to those that do survive the rest that are departed this life. 14. Ittem My will is and I do by these presents constitute and appoint my loveing friends Collonell William Evans and Capt Luke Gardiner both of St. Clements Bay and my Loveing Cousin, Mr. Henry Hankes of Holbourne in the City of London to be my Executors and overseers or any two of them in this Country and in England any one of them to Execute this my Last will giving them power and authority over all my Children and their Estates till they do attaine the age of Twenty and One yeares as also power over all the premises aforesaid, as also power or authority to make and appoint one or more overseers after their Death for the fulfilling of this my will giving to them all a strict Charge that my Children be brought and taught in the Roman Catholick Religion as they shall the Contrary at the dreadful Day of Judgmt. In testimony that is my Last Will and Testament I do hereunto Sett my hand & seall the Day and Year above Written with five enterlines which be these, Brother, my, will, Wright or Sisters. ROBERT COLE Witnessed by us and Signed and Sealed before us Justice & Coram (Locus Sigille) Thomas Brooks, James Thomsom Clarke, Edward Clarke The power that is given to my Exers is Jointly and after the death of anyone of them then my Will is that the other may act by himself or chose one to him to assist him if the departed hath not appointed one in his Steed before his death but my Cussin Hankes is to act in England by himself or with advice as witness My hand. ROBERT COLE My son Robert Cole was born 15th Octr 1652, my daughter Mary Cole was born the 26th Janry 1653, My Son Wm. Cole was born the 23 June 1655. My Son Edwd Cole was born 9th Nov 1657. My Daughter Elizabeth Cole was born 2d March 1659. Francis Knott is three years older than my Son, Robert Cole, is as Witness my hand this 25th of April 1662. ROBERT COLE My meaning is that my Children Shall have their porcons at 18 years old but have absolute possession when they be 21 years of age and my daughters be maryed to Roman Catholicks then at 18 years. Sept 8th .... James Thompson Gentn saith upon oath that being at Newtown Robert Cole requested him to Sett his hand to this Paper telling him withall that it was his will (he the said Cole being then bound for England) and it was Signed and Sealed in this Deponents presence by the said Robert Cole, and he knoweth of no other Will that Ever Robert Cole made. JAMES THOMPSONE SWORN BEFORE ME WM BRETTON Sept ..6th 1663 Thomas Brooke Gentn saith upon oath that he signed this Will as a Wittness and that it was Robt Coles Act and Deed and that he knoweth of no other Will made by the Said Robert Cole. THOMAS BROOKE SWORN BEFORE ME HENRY SEWALL Secretary =========================================================================== File contributed for use in USGenWeb Archives by Elizabeth F. Randolph efrpac@mocty.com USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations.