Thursday, December 8, 2011

Will: Benjamin Cole

BENJAMIN COLE
LAST WILL AND TESTAMENT
Prince William County, Virginia
Will Book P, page 324

In the name of God Amen I Benjamin Cole of the County of Prince William and state of Virginia being weak and afflicted in body, but sound in mind and of a disposing memory do make this my last will and testament in manner and form following viz. I give to my loving wife Prudence Cole all my Estate real and personal during her single life (after my just debts are paid) except my servant.

I give America which slave and her increase I give and bequeath to the said Prudence Cole as her absolute property to forever to dispose of in any way she may choose to do. And as Eliza Sims has lived with me ever since the death of her husbands It is my will that no charge shall be brought by my heirs or Executors or those who may take charge of my estate against her and her three children up to my death by reason of their support by me.

It is my will that Elizabeth Holliday who now lives with me and my daughter Susan Cole shall live with my wife free from any charge by my heirs, provided neither of them do marry. It is my will that Elizabeth Holliday who now lives with me shall receive from my estate a cow and calf or the value thereof at the death of my wife.

It is my will that each of my Children that has not had a cow and a calf from me shall when they marry, have ___ (?) and a bed also from my Estate. As I have let my son Bernard Cole have a mare which I paid forty dollars for I will that he account for that sum out of his part of my Estate.

It is my will that after the death of my wife all my estate real and personal which may remain in her possession at her death shall be sold by my son Lawrence Cole for the best price he can get and the proceeds equally divided among my Heirs. And I appoint my wife Prudence Cole and my son Lawrence Cole my Executrix and Executor of this my last will and testament hereby revoking and annulling all wills heretofore made by me in witness my hand and seal this 20th day of May eighteen hundred and fourth four.

Benjamin [+ his mark] Cole {seal}

Signed and acknowledged in the presence of us
Seymour Lynn
James D. Boughannan
Moses Copin


In Prince William County Court, September 6th, 1847
This last will and testament of Benjamin Cole decd. was presented to the Court proved by the oaths of Seymour Lynn and Moses Copin and ordered to be recorded. And on the motion of Lawrence Cole the Executor therein named, who made oath thereto and together with Seymour Lynn his security entered into and acknowledged a bond in the penalty of $2000 conditioned as the law directs certificate is granted him for obtaining a probate of thesaid will in due form.

Teste J. Williams c. c.

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