Wills

of

Peter W. and Walter Coolman

Montgomery County, NY

Contributed by Diane B. Fredericks Frazier

Both wills have been slightly re-formatted for ease in online reading.

Transcribed from SAMPUBCO photocopy by Diane B. Fredericks Frazier

Montgomery Co., New York, Mohawk 19-21

Surnames: Coolman, Rosa, Baker, Youngs, Wert, Suits, Nellis, Moyer

Be it remembered, that heretofore, to wit, on the eighteenth day of February 1889 Peter W. Coolman, one of the Executors named in the last will and testament of Peter Coolman late of the town of Mohawk in the county of Montgomery, deceased, appeared in open court before Hon. John D. Wendell, Surrogate of said county, and made application to have the said last will and testament, which relates to real and personal property, proved; and on such application the said surrogate did ascertain by satisfactory evidence who were the widow, heirs at law and next of kin of said testator and their respective residences; and the said surrogate did thereupon issue a citation, in due form of law, directed to the said widow, heirs at law and next of kin by their respective places of residence, requiring them to appear before said surrogate at his office in the village of Fonda on the 11Th day of March 1889, to attend the probate of said will. And afterwards, to wit, on the said eleventh day of March 1889, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the due service of said citation in the mode prescribed by law, and on that day Mary Ann Coolman, widow-Peter W. Coolman, John V. Coolman appeared in person-no one appearing to oppose the probate of said will, such proceedings were thereupon had afterwards that the said Surrogate took the proof of said will hereinafter set forth upon this eleventh day of March in the year one thousand eight hundred and eighty nine; and he adjudged the said will to be a will valid to pass real and property; and the proofs thereof to be sufficient, which said last will and testament and the proofs thereof are as follows, that is to say:

THE WILL OF PETER COOLMAN

In the name of God, Amen. I Peter Coolman of the town of Mohawk in the county of Montgomery and State of New York, being of sound disposing mind, memory and understanding do hereby make, publish and declare this my last will and testament in manner and form following. That is to say:

FIRST, I give and bequeath unto my beloved wife, Mary Ann Coolman, all my household goods and furniture, and to her next of kin and assigns forever.

SECOND, all the rest, residue and remainder of my personal property I give and bequeath to my sons Peter W. Coolman and John W. Coolman. Share and share alike to them, their next of kin and assigns forever.

THIRD, I give and devise to my son John W. Coolman the real estate conveyed to me by Isaac A. Rosa as Referee to by Referees deed in partition deeded October 30Th 1885 and recorded on the same day in the Montgomery Clerks office in Ledger 103 of deeds on page 470 containing about twenty acres of land more or less. I also give and devise to my son John W. Coolman that certain farm of about one hundred acres conveyed to me in deed from William Baker and wife dated September 17Th 1860 and recorded September 22, 1860 in Montgomery County clerks office in Book No. 72 of deeds at page 536 to have and to hold both the above described pieces of real property to him, his heirs and assigns forever subject to the legacies bequests and debts after directed to be paid by him.

FOURTH, All the rest residue and remainder of my real estate I give and devise to my son Peter W. Coolman to be had and held by him, his heirs and assigns forever subject to the legacies bequests and debts herein after by him directed to be paid.

FIFTH, I devise and bequeath unto my beloved wife Mary Ann Coolman for and during the term of her natural life a home in the farm home wherein we now at the time of executing this will reside fully as unrestricted as she now enjoys the same. And I also give and bequeath unto my said wife her suitable care, support and maintenance in sickness and health with proper medical and other attendance, and I charge and direct my said son Peter W. Coolman to furnish unto her my said wife all that is necessary for her care, support, maintenance and attendance during her natural life, and I make the same an express charge and lien upon the real estate herein before devised to my said son Peter W. Coolman.

SIXTH, I also give and bequeath unto my beloved wife Mary Ann Coolman an annuity of two hundred dollars for and during the term of her natural life to be paid unto her by my said son Peter W. Coolman in such installments as she shall in each year elect and I make the payments of said annuity an express charge and lien upon the real estate herein before devised to my said son Peter W. Coolman.

SEVENTH, The provisions herein made for the benefit of my said wife are to be taken and accepted by her in lieu of her dower and thirds in my real estate, and the portion of my personal property which the State directs to be set apart for her and for her use, by my executors. And in case my said wife elects to take her dower and thirds in my property and statutory right in my personal property she shall take nothing by virtue of this will, and in that case I direct my said son Peter W. Coolman to pay unto my said son John V. Coolman in each and every year during the term of the natural life of my wife Mary Ann Coolman such sum as shall be equivalent to the use of such portion after real estate hereinbefore devised to my said son John V. Coolman as shall be set apart to my said wife for her dower.

EIGHTH, I give and bequeath unto my daughter Catharine Youngs the sum of two hundred and fifty dollars to be paid unto her by my said son Peter W. Coolman with interest from the time of my death one year after my decease. I give and bequeath to my daughter Martha Wert the sum of two hundred and fifty dollars to be paid unto her by my said son Peter W. Coolman two years after my decease with interest from the time of my decease, and I make the payments after said bequests and each of them an express charge and lien upon the real estate herein before devised to my son Peter W. Coolman.

NINTH, I give and bequeath unto my daughter Mary Jane Suits the sum of five hundred dollars to be paid unto her by my son John V.Coolman one year after my decease with interest from the time of my decease and I make the said bequest unto her an express charge and lien upon the real estate herein before devised to my said son John V. Coolman.

TENTH, I make no provisions in this will for my sons Walter and Luther for the reason that I have already advanced unto each of them what I deem his fair and just share of my estate.

ELEVENTH, I direct my son John W. Coolman to pay unto James Wert all that may be due or may grow upon my bond this day made to the said James Wert to pay the sum of thirty two hundred dollars and interest, or to pay the same to any person who may own the said bond.

LASTLY, I make, constitute and appoint my wife Mary Ann Coolman the executrix and my son Peter W. Coolman the executor of this my last will and testament hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal this second day of May one thousand eight hundred and eighty eight.

PETER COOLMAN(LS)

Andrew J. Nellis, Fayette E. Moyer witnesses

We whose names are hereunto subscribed do certify that Peter Coolman the testator subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time he declared in our presence and hearing that the same was his last will and testament and requested us and each of us to sign our manes thereto as witnesses to the Execution thereof and which we have done accordingly in the presence of the said testator and of each other the day of the date of the will, and we further certify that before any of the foregoing steps to Execute the said will had been taken the word "Expense" in the third line of the second page, counting from the bottom of said page had been erased and the word "attendance" had been interlined there over, the word "be" had been interlined in the second line of the seventh paragraph of said will between "to" and "taken" the word "Tiffany" in the second line of the eighth paragraph had been erased, and the word "Youngs" interlined thereover, and the word"acres" had been interlined in the fourth line counting from the bottom of the first page between the words "twenty" and "of."

Andrew J. Nellis residing at Johnstown Fulton Co., N.Y.

Fayette E. Moyer residing at Johnstown Fulton Co. N.Y.

SURROGATES COURT State of New York
County of Montgomery} SS

In the matter of proving the will of
Peter Coolman deceased

Fayette E. Moyer of the town of Johnstown in the county of Fulton, and Andrew J. Nellis of the town of Johnstown in the county of Fulton, being duly sworn and examined in open court before Hon. John D. Wendell Surrogate of said county, do depose and say, and each for himself deposeth and saith that he was acquainted with Peter Coolman in his lifetime, and was present and saw the said Peter Coolman subscribe his name at the end of the instrument in writing now produced and shown, bearing date the second day of May 1888; that the said Peter Coolman at the time he so subscribed it, declared the said instrument to be his last will and testament, and requested these deponents to subscribe their names as witnesses to the execution thereof. Thereupon these deponents subscribed their names as witnesses at the end of said instrument in the presence of the said Peter Coolman and of each other. That the said Peter Coolman at the time he so executed the said instrument was a citizen of the United States, an inhabitant of the county of Montgomery, of full age, of sound and disposing mind and memory, and in all respects competent to devise real estate, and not under any restraint or in any respects incompetent to devise real estate and was in all respects competent to make a valid will. And the said Andrew J. Nellis for himself further separately says that he drew said will for the testator at his request according to his directions and just as he desired it, and the same has been in deponents custody ever since execution thereof, and the same has not in any respect been altered or changed.
Taken, subscribes and sworn this 11th day of March,
1889 before me,}        Andrew J. Nellis
                                Fayette E. Moyer
   J.D.Wendell
        Surrogate

I, John D. Wendell Surrogate of the county of Montgomery, do hereby certify that the foregoing are true copies of the will, probate and proof thereof of Peter Coolman deceased.
Registered the 11Th day of March 1889
J.D.Wendell Surrogate

Transcribed from SAMPUBCO photocopy by Diane B. Fredericks Frazier

Montgomery Co., New York, Amsterdam 24-40

Surnames: Coolman, Ferguson, Wert, White

Be it remembered, that heretofore, to wit, on the 5Th day of Oct. Levi Coolman named in the last will and testament of Walter Coolman, late of the town of Amsterdam in the County of Montgomery, deceased, appeared in open court before our Surrogate of said county, and made application to have the said last will and testament-which relates to real and personal property, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow-heirs at law and next of kin of said testator and their respective residences, and the said Surrogate did thereupon issue a citation, in due form of law, directed to the said persons aforesaid by their respective names, requiring them to appear before said Surrogate at his office in the City of Amsterdam on the 22ND day of October, 1904, to attend the probate of said will. And afterwords, to wit, on the said 22ND day of October, 1904, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the due service of said citation in the mode prescribed by law, and on that day Executor appearing in person and by James W. Ferguson Esq., his Attorney and no one appearing to oppose the probate of said will, such proceedings were thereupon had afterwards that the said Surrogate took the proof of said will hereinafter set forth upon this 22ND day of October in the year one thousand nine hundred and four; and he adjudged the said will to be a will and testament valid to pass real and personal property, and the proofs thereof to be sufficient, which said last will and testament and the proofs thereof are as follows, that is to say:

THE WILL OF WALTER COOLMAN

I, Walter Coolman, of the town of Amsterdam, Montgomery County, and State of New York, being of sound mind and memory, do make, ordain, publish and declare this to be my last will and testament, that is to say:

FIRST, After all my debts are paid and discharged, I give, devise and bequeath into my wife Catherine Coolman, all my household furniture and furnishings, both useful and ornamental. I also give, devise and bequeath to my said wife the sum of five hundred dollars, for and during the term of her natural life or as long as she remains my widow, the same to be accepted and received by her in lieu of dower and any and all claims which she as my widow may have on my estate.

SECOND, I give and bequeath to my son Levi Coolman, all my farming utensils, machinery, wagons, horses, stock, produce and crops which I may have on my homestead farm in the town of Amsterdam, N.Y. at the time of my death, but I hereby reserve the right to my wife to use the top buggy, a suitable horse and harness, whenever she may want the same as long as she remains on my homestead farm.

Third, All the rest, residue and remainder of my said estate both real and personal, I give and bequeath as follows-

(1)The one undivided half thereof to my said son Levi Coolman forever

(2)The other undivided one half to my sister Martha Wert of the city of Johnstown, N.Y. but in trust however for my daughter Nellie Coolman. I hereby will and direct my said sister, as trustee, for my said daughter, to invest and keep invested on bond and mortgage on improved real estate all moneys she may receive from my estate as such trustee, and to pay, expend and use the income therefrom for the proper care, maintenance and support of my said daughter Nellie, and in case the income from such estate shall be insufficient to properly care for and maintain my said daughter Nellie, I hereby authorize and direct my said sister as such trustee to use as much of the principal of said trust estate as is necessary for the proper care and maintenance of my said daughter, Nellie. Upon the death of my said daughter Nellie Coolman, the balance and remainder of said trust estate I give, devise and bequeath to my son Levi Coolman and to his heirs forever.

I hereby authorize and empower my said sister Martha Wert, as trustee for my said daughter Nellie Coolman, to sell and convey by proper deeds of conveyance any and all real estate which may pass to her as such trustee under terms of this will.

I hereby authorize and direct my executrix and executor hereinafter named to erect over my grave a monument or headstone similar to the one over the grave of my first wife and to charge the expense thereof to my estate.

Like wise, I make , constitute and appoint my wife Catherine Coolman and my son Levi Coolman to be executrix and executor of this my last will and testament, hereby revoking all former wills by me made.

In witness whereof, I have here unto subscribed my name and affixed my seal, the third day of October in the year one thousand nine hundred and one. Walter Coolman

The above instrument, consisting of one sheet, was at the date thereof subscribed by Walter Coolman in the presence of us and each of us; he at the time of making such subscription, acknowledged that he made the same, and declared the said instrument by him to be his last will and testament, whereupon we then and there, at his request, and in his presence and the presence of each other, subscribed our names as witnesses thereto.

James W. Ferguson residing at Amsterdam, N.Y.
Edward P.White residing at Amsterdam,N.Y.

State of New York                Surrogates Court
County of Montgomery
In the matter of proving the will
            of
Walter Coolman        deceased

Edward P. White of the City of Amsterdam in the county of Montgomery, and James W. Ferguson of the City of Amsterdam in the county of Montgomery-being duly sworn and examined in open court before our Surrogate of said county, do depose and say; and each for himself deposeth and saith that he was acquainted with Walter Coolman in his lifetime, and was present and saw the said Walter Coolman subscribe his name at the end of the instrument in writing now produced and shown, bearing the date the 3rd day of October, 1901; that the said testator at the time he so subscribed it, declared the said instrument to be his last will and testament and requested these deponents to subscribe their names as witnesses in the execution thereof. Thereupon these deponents subscribed their names as witnesses at the end of said instrument in the presence of the said Walter Coolman and of each other. That the said Walter Coolman at the time he so executed the said instrument was a citizen of the United States, an inhabitant of the County of Montgomery, of full age, of sound and disposing memory, and in all respects competent to devise real estate, and not under any restraint OR in any respects incompetent to devise real estate, and was in all respects competent to make a valid will. And the said James W. Ferguson for himself further separately says that he drew said will for the testator at his request according to his directions and just as he desired it, and the same has been in deponent's custody ever since the execution thereof, and the same has not in any respect been altered or changed.

Taken, subscribed and sworn this 22ND day of October
1904, before me
  W. Barlow Dunlop
        Surrogate
                Edward P. White
                James W. Ferguson

I W. Barlow Dunlop Surrogate of the County of Montgomery, do hereby certify that the foregoing are true copies of the will, probate and proof thereof of Walter Coolman deceased.
Registered the 22ND day of October 1904
W. Barlow Dunlop Surrogate

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