Wayne County PA Archives Wills.....COLE, Josiah, July 5, 1874 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Anisah A Haynes haynesville @ juno.com Will of Josiah Cole, Wayne County, PA Names mentioned: Daniel Blandin Charlotte Cole Eliza Cole Eleanor Cole Lewis K. Cole Peter Cole Peter J. Cole Reynolds Cole Robert Hawkey Nathaniel B. Eldred Charles Henry Peck Josiah Cole Last will and Testament of Josiah Cole of Texas Township Died July 5, 1874 Will Filed July 11, 1874 Will Book 3, Page 96 I, Josiah Cole, of the township of Texas in the County of Wayne, and commonwealth of Pennsylvania, being of sound mind, memory, and understanding, so make and publish this my last will and testament hereby evoking and making void all former wills by me at any time heretofore made. As to such estate as it has pleased God to entrust me with I dispose of the same as follows, to wit: I give and bequeath to my daughter Eliza, now the wife of Reynolds Cole the ,sum of Five hundred dollars, to be paid to her within four years after my decease, one half thereof to be paid by my son Lewis K. Cole or from the estate hereinafter devised to him, and the other half thereof to be paid by my son Peter J. Cole, or from the estate hereinafter devised to him. I give and devise to my daughter Eleanor, now the wife of Charles Henry Peck, the sum of Five hundred dollars to be paid to her within four years after my decease, one half to be paid by my son Lewis K. Cole, or from the estate hereinafter devised to him, and the other half thereof to be paid by my son Peter J. Cole, or from the estate hereinafter devised to him. I give, devise, and bequeath to my son Lewis K. Cole, subject to the condition that he the said Lewis K. shall at his own proper cost provide a comfortable support and maintenance for my wife Charlotte, during the term of her natural life, in case she shall survive me, and subject further to the payment of one half of the above mentioned legacies to my two daughters. All that certain lot or parcel of land in said Township of Texas, bounded as follows: Beginning at a stake and stones, the common corner of land of Daniel Blandin and Robert Hawkey respectively, then thence by said Hawkey South sixty-seven degrees West fifteen and one quarter rods to a stake and stones corner, thence on a couse supposed to be able at right-angles with said line of hawkey Northward fifth four and a quarter rods to a stake and stones corner, thence northeasterly eleven rods to a stake and stones corner about one and northwest from a Spring, thence northward twenty rods to the middle of the public road, at a point eleven rods from the northwestern corner of a lot of fifty four acres conveyed by Nathaniel B. Eldred to my late father, Peter Cole, thence along said road northwestward eleven rods to said last mentioned corner, and thence along the exterior boundary lines of said lot of fifty four acres, north sixty seven degrees East to the northeast corner thereof south twenty three degrees East to the South east corner thereof and South sixty seven degree west to the place of beginning, containing about fifty-nine acres, including the dwelling house wehre I reside and the outbuildings appearant thereto. Reserving therefrom for the use of Peter J. Cole his heirs and apigns, the right in common with Lewis K. Cole to take the water from said spring by a pipe or conduit to a trough or reservoir to be place upon (and partly on each side of the line of boundary aforesaid Southwestward of said Spring). The cost of putting down said pipe and reservoir and of keeping the same I repair to be at the joint expense of the said Lewis K. and Peter J. respectively. To have and to hold the said mepuage, and lot or parcel of lands for and during the term of the natural life of the said Lewis K. Cole. And in case the said Lewis K. shall die leaving lawful ipice then I give and devise the said property to the child or children of said Lewis K. Cole, their heirs, and apigns forever. I also give and bequeath unto my said son Lewis K. Cole, all of my personal estate whatsoever and wheresoever that shall remain after the payment therefrom of any just debts and funeral expenses. I give, devise, and bequeath unto my son Peter J. Cole all the residice, or remaining part of the farm and farmland owned and occupied by me in said Township of Texas, after excluding therefrom the part thereof hereinbefore desceibed, and devised to Lewis K. Cole containing about seventy acres including the buildings and improvements thereon, together with the privileges respecting the use of the water from a certain spring situated upon said land devised to Lewis K. Cole, which are reserved in said devise to Lewis K. Cole subject however to the condition that said Peter J. Cole be at one half of the expense of putting in and maintaining the pipe and reservoir refered to in said reservation. The whole of the above devise to Peter J. Cole being subject to the payment of one half part of the legacies herein before bequested to my two daughters as therein provided. To have and to hold the said lot of parcel of land with the appren... and the privileges aforesaid to the use of the said Peter J. Cole, his heirs, and apigns forever. In case of the death of my son Lewis K. Cole without leaving lawful apuc, I give and devise all the real estate hereinbefore devised to said Lewis K. Cole unto my two daughters, Eliza, and Eleanor, aforesaid, share and share alike and to their heirs and apigns forever. And I hereby nominate and appoint my said sons Lewis K. Cole and Peter J. Cole to be the Executors of this my last will and testament. In witness whereof I, Josiah Cole, the Testator, have to this my will written on one sheet of paper, set my hand and seal, this twenty-fifth day of January in the year of our lord one thousand eight hundred and fifty nine. Signed, sealed, published, and declared by the above named Josiah Cole and for his last will and testament in presence of us who have hereunto subscribed our names as witnesses therto, in the presence of said testator and of each other. John Torrcy Edwin F/J. Torrcy Wayne County SS: Peter J. Cole, one of the Executors named in the foregoing will and to whom Letter testamontary have this day been issued, being first duly sworn doth depose and say: that Josiah Cole, the Testator, in aforeseen will, died on Sunday, July 5th, 1874, at 11 o'clock A.M. Peter J. Cole (Sworn and subscribed before me July 13th 1874 Chas. Venner, Register) END OF WILL Anisah Haynes Haynesville@Juno.com