Durham-Orange County NcArchives Wills.....Cole, John A April 2, 1892 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Karen Gunn kgunn96@yahoo.com November 27, 2012, 3:26 pm Source: North Carolina Probate Records, 1735-1970, Durham County, Wills, 1902-1907, Vol. B, P. 1-5, Image 26-30 Of 354, Www.familysearch.org Written: April 2, 1892 Recorded: 1902 [page] 1 State of North Carolina Durham County In the Probate Court A paper purporting to be the last will and testament of John A. Cole (Decd.) is exhibited before me, the undersigned Clerk of the Superior Court for said County by D. G. Tilley, the executor therein named and the due execution thereof by the said John A. Cole by the oath and examination of W. T. Neal and W. D. Whitaker, the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of John A. Cole; that the said John A. Cole in the presence of this deponent subscribed his name at the end of said paper writing which now shown as aforesaid and which bears date of the 2nd day of April 1892. And the deponent further saith that the said John A. Cole the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament and this deponent did thereupon subscribed his name at the end of said will as an attesting witness thereto and at the request and in the presence of the said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of deponent's subscribing his name as an attesting witness thereto as aforesaid, the said John A. Cole was of sound mind and memory of full [page] 2 age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent and further these deponents say not. W. T. Neal seal W. D. Whitaker seal Severally sworn and subscribed this 9th day of August 1902 before me Ernest J Green Dept. Clerk Superior Court State of North Carolina Durham County I John A. Cole of Durham Township of the County of Durham and state aforesaid, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following, that is to say I That my executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral expenses together with my just debts howsoever and to whom so ever owing out of the money that may first come into his hands as a part or parcel of my estate. Item 1. I have advanced to my daughter, Mary J. Garrard, the sum of Seven Hundred Dollars and I decline making any further advancements. Item 2. I have advanced to my son William D. Cole one hundred acres of land known as a part of the Warren lands and do hereby decline making any further advancements. [page] 3 Item 3. I have advanced to my son Stephen J. Cole the amount of One Hundred acres of land known as part of the Warren land and do hereby (further) decline making any further advancements. Item 4. I have advanced to my son Moses P. Cole the sum of Six Hundred Dollars and do hereby decline making any further advancements. Item 5. I give and devise to my son G. E. Cole, One Hundred acres of land on which he now lives including the Mill, to have and to hold to him and his heirs in fee simple forever, and I decline making any further advancements. Item 6. I give and devise to my daughter Bedie Emma Taylor One Hundred acres of land known as a part of the William Cole place including the home house to have and to hold to her and her heirs in fee simple forever and I decline making any further advancements. Item 7. I give and devise to my daughter Cyntha C. wife of Doc Tilly one hundred and nine acres of land known as the place adjoining Frank Holloway and others, to have and to hold to her and her heirs in fee simple forever, and I decline making any further advancement. Item 8. I give and devise to my daughter Ida L wife of Virgil Pickett one hundred acres of land known as a part of the William Col Sr. place, to have and to hold to her and her heirs in fee simple forever and I decline making any further advancement. [page] 4 Item 9. I will and bequeath to my daughter Fany Viola Browning the sum of Six Hundred Dollars to be paid to her by my executor out of my estate which sum will make her a fair and equitable portion according to the value of my estate to be hers at her disposal forever. Item 10. I will and devise to my grand daughter Fannie wife of Allen Latta the sum of One Dollar to be hers and at her disposal forever. Item 11. I will and devise to my grand daughter Mary Copley the sum of One Dollar to be hers and at her disposal forever. Item 12. I will and devise to my grand son Charles Copley the sum of One Dollar to be his and at his disposal forever. Item 13. I give and devise to my grand son Charles G. Leathers three tracts of land, the three tracts containing 128½ acres and known as follows: 1st the one which I now live on containing 46½ acres and one other tract known as the place where [Denis Braney?] now lives containing 35½ acres and one other tract adjoining the lands of Simpson Browning containing 46½ acres to have and to hold to him and his heirs in fee simple forever, and all my stock of all kinds, horses, cows, hogs, and sheep, chickens and all my house hold and kitchen furniture, and all my farming utensils including wagons and buggy and provisions and also an interest in a law suit on record in Orange County for which John F. Strayhorns land is bound for, and also all debts and money and [?] account, after taking out the devises and legacies above mentioned, and the debts to be paid out of his part and the surplus shall belong to the said Leathers as his right and property forever to be paid by [page] 5 my executor, provided that said Leathers lives with me in my house and takes care of me my life time absolutely forever. And lastly, I do hereby constitute and appoint my trusty friend Doc Tilley my lawful executor to all intent and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part claus thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof, I the said John A. Cole do hereunto set my hand and seal, this 2nd day of April 1892. John A. Cole seal Signed, sealed, published and declared by the said John A. Cole to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto. W. T. Neal W. D. Whitaker File at: http://files.usgwarchives.net/nc/durham/wills/cole2998wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 7.2 Kb