The Coopers of Long Hill

Document A.125 · will and inventory · transcription: verbatim

Will, two codicils and inventory of Daniel Carle of Morris Twp., Morris Co., N.J. — NJSA loose probate File 4667N; will 30 April 1860, codicils 1865 and 186[?], proved August 1869, inventory $18,485.32.

repository
New Jersey State Archives
identifier
Morris Co. loose probate File 4667N
date
1860-04-30

What is transcribed: The will, both codicils, the proofs and the inventory.

People named

As writtenRoleIdentified asWhat this document says
Daniel Carle testator Daniel Carle ?–1869
residence: Morris Twp., Morris Co., New Jersey
death: between 19 Apr 1866 and Aug 1869
Mary Ann spouse Daniel F Carle 1854–1908
Daniel Stark [Carle] child Mary Ann (Bloom) Carle 1827–1904

What this document records

A large estate settled on one son

The will is built around a single minor son reaching twenty-five. Wife Mary Ann takes about 100 acres in fee, $9,000 out of the personalty within a year, and the use of all the remaining real estate until son Daniel Stark reaches 25 — for her own support and for the boy's "support and proper education". After that she may choose the use of half the dwelling house, outbuildings and garden, "during and so long as she remains my widow." Inventory $18,485.32 — among the largest in the section.

It took nine years and two codicils

Will 30 April 1860; codicils 8 April 1865 and 19 April 186[?]; proved August 1869. Two codicils across nine years is a family changing — and a codicil is where a child born, married or dead after the will appears.

The second codicil is undated in effect

"19 April 186[?]" — the year does not resolve. It sits between the first codicil (1865) and probate (1869), so 1866-1869, but the entry does not narrow it further and the file is on disk.

What the file does not contain

The entry records its own gap: no executor's account. That matters because the son reaching twenty-five is the trigger for the whole settlement — an account filed when he did would name what he took, and [pr.98] expects it about 1879-1881, not 1869.

Transcription and notes

Provenance, the settlement built around one son reaching twenty-five, the two codicils, the unresolved codicil year, and the missing executor's account are all in the source: and coverage: headers and are not repeated here.

The will — dated 30 April 1860

"In the Name of God Amen I Daniel Carle of the Township of Morris, in the County of Morris and State of New Jersey, being of sound and disposing mind memory and understanding do make and publish this my last Will and Testament."

clause contents
First "I order that all my just debts and funeral expenses be duly paid as soon after my decease as possible."
Second "I give and devise in fee simple unto my wife Mary Ann all that part of my farm lying on the northerly side of the road in front of my Dwelling House, supposed to contain about One Hundred acres more or less — Also I give to her the sum of Nine thousand dollars to be taken out of my personal estate and to be paid to her within one year after my decease."
Third "I also give to her the use of all the residue of my Real estate of which I shall die seized or be entitled to Until my son Daniel Stark shall arrive to the age of twenty five years, for the purpose of her own support and for the support and proper education [of my said son]…"
Fourth (sense) …and when he arrives at twenty-five, "then I give to my said wife during and so long as she remains my widow her choice of the use of one half of my Dwelling House, out Buildings and Garden."
Fifthly "When my said son shall arrive to the age of twenty five years I give and devise to him in fee simple all of the said residue of my Real estate… In the event of his dying before twenty five years of age and without leaving issue living at his decease then I give and devise all my real estate aforesaid to my said wife her heirs and assigns forever."
Sixth "All the rest of my personal estate after paying debts & expenses and the legacy of Nine thousand dollars I give and bequeath to my said son to be paid him when he arrives to the age of twenty five years, and should he die before that age and without leaving issue living at his decease then I give the same to my said wife absolutely."
Seventh "I appoint my wife Mary Ann Guardian of the Person of my Child during his minority and also Guardian of his estate until he arrives to the age of twenty five years, and direct that so long as she remains my widow she give no Bond or security for the performance of the duties of such her Guardianship."
Lastly "I nominate, constitute and appoint my Wife Mary Ann Carle and my Brother in Law, Harvey H. Bloom Executors of this my last Will and testament and hereby revoke all former wills by me made."

"In Witness whereof I the said Daniel Carle have hereto set my hand and affixed my seal this thirtieth day of April in the year Eighteen hundred and Sixty" — signed Daniel Carle.

Witnesses: Cornelius Boice · Lewis Craig.

(A docket in the left margin of the codicil sheet reads "Daniel Carle's Will — April 30. 1860", independently confirming the date. The year on the will itself is followed by a filler flourish and no further numeral.)

Codicil 1 — 8 April 1865

"I Daniel Carle of the Township of Morris County of Morris and State of New Jersey do this Eighth day of April Eighteen hundred and Sixty five make and publish this codicil to my last will and testament… Whereas since making my last will & testament, wherein Harvy H. Bloom was appointed one of my Executors who has since died Now therefore I do hereby nominate, constitute and appoint John T. Wilcox of the Township of New Providence County of Union & State of New Jersey as Co Executor with my wife Mary Ann Carle… in place of said Harvy H. Bloom dec'd."

Witnesses: David R. Runyon · Mary A. Vorhees.

⇒ Harvey H. Bloom died between 30 April 1860 and 8 April 1865.

Codicil 2 — 19 April 186[?]

Written cramped at the foot of the same sheet and heavily struck through and rewritten. Sense: having appointed John T. Wilcox an executor by the first codicil, "Now for certain reasons I do hereby on this Nineteenth day of April Eighteen hundred & Sixty [?] revoke & discharge said… Wilcox to said Executorship, leaving my wife… Executor of my Last Will."

The year is not legible — the numeral is struck through and overwritten. Recorded as 186[?]. Witnesses read Phebe A. Day [?] · Jacob College [?] · D. R. Runyon [?].

Proofs and qualification — August 1869

document contents
Proof of the will Lewis Craig, "one of the Witnesses to the annexed Will", deposed that he saw Daniel Carle sign and seal it, and that Cornelius Boice "the other subscribing evidence was present at the same time". Sworn August 11, 186[9] before J. W. Ballentine, Surrogate.
Proof of the codicil David R. Runyon deposed likewise as to the codicil, and that Mary A. Vorhees "the other Subscribing evidence was present at the same time and signed her name as a witness to said Codicil". Sworn August 2[?], 1869 before J. W. Ballentine, Surrogate.
Proof of the second codicil David R. Runyon deposed as to the "foregoing annexed Second Codicil", and that Phebe A. Day "the other Subscribing Evidence was present at the same time and signed her name as a witness to said Codicil." Sworn August 12, 1869 before J. W. Ballentine, Surrogate.
Executrix's oath Mary Ann Carle, Executrix, swore that the annexed writing contains the true last Will of Daniel Carle, and that she would pay debts then legacies and exhibit a true inventory. Sworn August 1[?], 1869; signed "Mary A Carle".

⇒ Mary Ann qualified alone, consistent with codicil 2 removing Wilcox.

Inventory — taken 23 September 1869 · $18,485.32

"A true and perfect Inventory of all and singular the goods and Chattels rights and Credits Moneys and effects of which Daniel Carle late of the County Morris died seized this twenty third day of September A.D. 1869"

This is a moneylender's estate, not a farmer's. Over three-quarters of the personalty is out on mortgages and notes:

debtor / instrument principal interest
William B. Southard, mortgage $1,150.00 $30.65
Harman Middaugh, mortgage $2,000.00 $95.00
Prosper Coussin, mortgage $1,000.00 $14.57
Prosper Coussin, mortgage $1,500.00 $96.25
Maria Norton, mortgage $2,000.00 $54.43
Elizabeth Freeman, mortgage $1,000.00 $36.94
Elizabeth Freeman, mortgage $2,500.00 $58.33
M. E. Church, New Providence $1,000.00 $68.00
Benjamin Corey, mortgage $1,500.00 $70.00
Maria Mair, Chancellor's decree $486.83 —
Enos W. Runyon, note $1,170.00 $23.88
John C. Bloom's note $264.37 $7.02

Also "Wearing Apparel $10.00" and "Purse $142.00"; household goods listed room by room (Parlor, Back Parlor, Hall, Dining Room, Front Bed Room, South West Bed Room); farm gear including a "Monitor Mower" $40, "Canon Corn Sheller" $15, "Horse Power & Thresher" $30, "Fanning Mill" $5; a "Black Mare" $125 and "Chesnut do" $35; 8 steers 3 yr old @ $42 = $336, 7 heifers do @ $38 = $266, and nine more cows and heifers; 230 bu oats, 40 bu wheat, and 21 tons of hay.

"Taken by the Subscribers this Twenty Third day of September A.D. 1869" — appraisers Alvah Lewis and Abraham Dunn.

Appraisers' oath (final sheet, printed form): "Abraham Dunn, one of the Appraisers of the annexed Inventory, being duly sworn… deposeth and saith that the Goods, Chattles and Credits in the said Inventory set down and specified, were by him appraised according to their just and true respective rates and values… and that Alvah Lewis, the other Appraiser… was present at the same time." Signed "Abm Dunn"; sworn Sept 25, 1869 before J. W. Ballentine, Surrogate. Mary A Carle, Executrix, swore the inventory true the same day.

( Reading corrected. On the first pass the second appraiser's signature was recorded here as "Ab[?] L. G[?]" with a guess at "Genung". The printed oath on the final sheet spells the name out — ABRAHAM DUNN — so the guess was wrong and is withdrawn. The signature is simply "Abm Dunn". A cursive "Dunn" with a long initial flourish, read cold, is what produced the error; the printed form is what fixed it.)

Inventory docket (wrapper): "Inventory of Daniel Carle Sr — Proved September 2[5], 1869", with "Recorded in Book [?] of Inventories folio [?]" and the file number 4667 N. A second wrapper reads "Inventory Estate Daniel Carle Sept 23 /69."

Note the "Sr". The Surrogate's own docket styles the decedent "Daniel Carle Sr" — which is what one expects of a man whose only son was also named Daniel. It does not distinguish the two candidate Daniels of [p.726], but it is the file's one hint that a "Daniel Carle Jr" was current in the same office.

Arithmetic note: the written total is $18,485.32, but the four carried sub-totals on the final sheet sum to $18,485.42. A ten-cent discrepancy — recorded, not corrected; either a slip in the original or a misread cent figure here.

What this file does NOT contain

Cross-references