Will of John Cooper of Independence Twp., Warren Co., N.J. — Warren Book of Wills p. 185; made 16 January 1867, proved 19 February 1867. The whole estate goes to one son in trust to maintain another.

Transcription and notes

Provenance, the maintenance trust that is the whole of this will, and what it does not say are in the source: and coverage: headers and are not repeated here.

Data from the document [verbatim] — the will (p.185)

Heading: "John Cooper."

• "In the name of God Amen, I John Cooper of the township of Independence, in the County of Warren, and State of New Jersey, being of sound mind and memory, do make publish and declare that [this to be] my last will and testament."
• "I give and devise all my Estate, real and personal wheresoever I may die seized or possessed to my son Roderick B. Cooper, of the same place, to have and to hold the same to himself, his heirs and assigns forever, upon the uses and trusts following, namely:"
• "In trust 1st. [to] pay all my just debts and funeral expenses."
• "Secondly upon the express condition that the said Roderick B. Cooper shall take charge of and keep and maintain my son Samuel Cooper, during the time of his natural life he being incapable of maintaining himself."
• "And I hereby nominate constitute and appoint my son Roderick B. Cooper Executor of this my last will and testament."
• "In witness whereof I have hereunto set my hand and seal the Sixteenth day of January, in the year of our Lord one thousand eight hundred and sixty seven [16 Jan 1867]."
• Attestation: "Signed published and declared by the said John Cooper, to be his last will, in the presence of us, who were present at the same time and subscribed our names as witnesses in the presence of the testator:" — witnesses "Robert L. Garrison," "Jacob Lundy."
• Testator's signature: "John [his X mark] Cooper" [L.S.] — signed by mark (John Cooper could not write his own name).

Data from the document [verbatim] — proof of will (p.185, below)

• State of New Jersey, Warren County ss. — "Robert L. Garrison, one of the witnesses to the within will being duly sworn on his oath did depose and say, that he saw John Cooper, the testator therein named, sign and seal the same, and heard him publish pronounce and declare the within writing to be his last will and testament, and that at the doing thereof the said testator was of sound and disposing mind and memory … and that Jacob Lundy, the other subscribing witness was present at the same time and signed his name as witness …"
• "Sworn and subscribed at Belvidere the 19th day of February AD 1867 before me [signed] Wm L Hoagland, Surrogate." — signed "Robert L. Garrison."
• Executor's oath (continues, partly cut off at page bottom): State of New Jersey, Warren County ss. — "Roderick B. Cooper, Sole Executor in the within testament named being duly sworn on his oath did depose and say that the within instrument contains the true last will and testament of John Cooper, the testator therein named … that he will well and truly perform the same by paying first the debts of the said deceased, and the legacies in the said testament specified …" [text runs onto the next opening, not imaged].

Notes (identifications → [p.113] / [p.621] / [p.1609]; conclusions live there, not here)

• The testator = p.113 John Cooper of Independence Twp Warren. Identification is firm: the will names son "Roderick B. Cooper" as sole executor/devisee, and a Roderick B (21) was enumerated in John Cooper's own 1860 Independence household (D.470). Roderick B. Cooper = p.621 Roderick Byanton Cooper.
• Death window nailed: will dated 16 Jan 1867, proved 19 Feb 1867 → John died between 16 Jan and 19 Feb 1867 (age ~77–82; b. ~1785–1790). This supersedes the prior "post-1860" placeholder ([D.470]) and definitively falsifies the [L.132] Grimm tree's "d. 1849."
• "my son Samuel Cooper … incapable of maintaining himself" = John's son Samuel (b. ~1832 per [D.4]/[L.132]), now documented as a disabled dependent provided for by a maintenance trust — see new stub p.1609 Samuel Cooper (son of John of Independence). This Samuel is NOT p.115 Samuel Cooper (the 1830-adult head-of-household, b.~1790-1800).
• Signed by mark — John Cooper was illiterate, consistent with his 1860 census occupation "labourer" ([D.470]).
• Witnesses: Robert L. Garrison, Jacob Lundy (Independence/Belvidere neighbours). Surrogate: William L. Hoagland.
• The will mentions only two of John's known children (Roderick + Samuel). Wife Anna (Antrim), sons Levi H. & James S., and daughter Jane are not named — an omission consistent with Anna having predeceased (Grimm tree "Anna 1800–1860") and the other children being grown/established; but the will's silence is not itself proof of their status. (Interpretation → [p.113].)
• An estate Inventory also exists — [A.37] gives "1832U. W. 1867. Inv. 1867." The inventory (not yet imaged) would enumerate John's personal estate and could corroborate the ~20-ac Hart landholding ([K.56]).

Cross-references

• A.37 — 1912 Aitkin state index: "Cooper, John, 1832U. W. 1867. Inv. 1867" = the index pointer to THIS will (+ its companion inventory).
• A.40 — Warren Co. local omnibus probate index (the C+J page appeared NULL for "Cooper John"; this will shows the filing exists — re-check the unread C+J continuation image 281).
• D.470 — 1860 census placing Roderick B (21) in John's household (the identifying link).
• K.56 — John's ~20-ac Hart-land purchase (the "real Estate" the will devises to Roderick).
• p.113 / p.621 / p.1609.