Will and codicil of Dr. John Cooper of Easton, Northampton Co., Pa. — will 3 September 1849, codicil 26 January 1851 — probated in Pennsylvania first, then exemplified into Warren Co., N.J.

Transcription and notes

Provenance, the two-jurisdiction probate, and why the codicil matters more than the will are in the source: and coverage: headers and are not repeated here. The family reconstruction is on [p.27].

Verbatim — page 490 (image 279)

                                                                                490
Will of Dr. John Cooper deceased

         Commonwealth of Pennsylvania, Northampton
(Seal)   County, ss

         I SAMUEL SEIGFRIED Register for the Probate of Wills and granting
of Letters of Administration in and for the County of Northampton in the Comm-
onwealth of Pennsylvania; Do make known unto all men that on the
seventh day of February in the year of our Lord, one thousand eight hundred
and fifty one before me was duly proved, and registered the last will and
Testament of John Cooper of the Borough of Easton in the County aforesaid
(a true Copy whereof is to these presents annexed) whose principal residence being at
the time of his decease within the said County of Northampton, and having
whilst he lived, and at the time of his death, divers goods, Chattels, rights and Credits
within the said Commonwealth, by reason whereof the Probate of the said Will
and Testament, and the Committing the administration of all and Singular
the goods, Chattels, rights and Credits, which were of the said deceased, and also
the Examining, passing and filing the accounts, Calculations and reckonings of the
said administration, to me are manifestly known to belong; administration
of all and Singular the goods, Chattels, rights and Credits of the Said deceased
Any way Concerning his last Will and Testament was granted and Committed
to JOHN COOPER JR, JOHN VANDERVEER, THEODORE I. PAUL and JOSEPH F. RANDOLPH
in the said last Will and Testament named, they having first been duly well
and truly to administer the goods and Chattels, rights and Credits of the said dec-
eased according to law, and also diligently and faithfully to regard, and well
and truly to Comply with the provisions of the law relating to Collateral inherita-
nces." And it shall be the duty of you the said John Cooper Jr, John
Vanderveer Theodore I. Paul and Joseph F. Randolph Executors as afores-
aid, and I do hereby Command and require you to make a true and perfect
inventory of all and singular the goods, Chattels, and Credits of the said deceased
as far as you may know, or can ascertain them, and Exhibit the Same into the
Register's office in and for the County of Northampton, within thirty days from
the date hereof, and also a just account and Settlement thereof within
One year from the date hereof or when thereunto legally required.

In Testimony whereof I have hereunto set my hand and affixed the Seal of
the said Office. Dated at Easton, in the County of Northampton aforesaid the
twenty seventh day of March in the year of our Lord one thousand eight hundred
and fifty one
                                                       SAM. SEIGFRIED Regr.

                    (Duplicate)

I JOHN COOPER of the Borough of Easton in the State of Pennsylvania
Doctor of Medicine, being of Sound mind and body, do make and publish this
my last will and Testament as follows viz.

First — It is my will and I do hereby direct that all my just debts
and funeral Expenses, including all notes and obligations outstanding against
me, be Settled by my Executors as soon as may be after my decease —

Secondly — I give and bequeath unto my wife MARY COOPER as follows
viz. in addition to the trust heretofore Created and vested in the Rev. JOHN
VANDERVEER for her benefit, the Same being for the interest of Five thousand five
hundred dollars during her life, and also in addition to the Stock now held
both in her name and in mine in the Easton Bank all of which I direct
to be hers and at her absolute disposal — I also give, bequeath and devise
to her during her natural life the house and lot of land and premises
and appertenances in the Borough of Easton whereon I now reside —

Verbatim — page 491 (image 280 continuation of Secondly + Thirdly)

And the use occupation, rents, issues and profits thereof, she paying the taxes, Expenses
and repairs accruing on the Same — also the rents, issues and profits of the farm
wherein PETER WANNAN now resides Situate in (now or late) GREENWICH TOWNSHIP
WARREN COUNTY NEW JERSEY, Containing about one hundred and fifteen acres
together with the wood lot of about ten acres belonging to the Same, which I bought
of CHRISTOPHER BOWERS near the lands of Captain PERSONS and CRAIG, in Harmony
Township County and State aforesaid — And it is my will and I hereby direct that
in Case my Executors shall sell the above Specified real Estate or any part thereof, during
the life time of my wife, which they are hereby directed and required to do at any
time when my wife shall so desire of them in writing, then that the annual interest
on the proceeds arising from such sale shall be paid to the Said MARY COOPER Yearly
during her life — these bequests to be in lieu of all dower and right thereof —

Thirdly — I give and bequeath unto my SON JOHN COOPER in addition to the advance-
ment heretofore made to him the Sum of Five thousand dollars the one half to be
paid to him in Six months after my decease out of my personal estate and
the other half to be paid in two years out of the residue of my estate, with interest
to be Computed from my decease; but should my son John depart this life before
the whole or any part of Said Legacy is paid, then I bequeath the whole or the residue
as the case may be to HIS CHILDREN and their heirs respectively in Equal Shares,
to be paid to them, the boys at twenty one and the girls at Eighteen years of age
or marriage — And in that case I direct my Executors, to place said Legacy or the
residue thereof, at interest upon good landed security or vest it in good
and secure Public Stocks and apply the interest and so much of the Principal
of Each Share as they may deem necessary and proper to the Education and
Support of said Children respectively. And I further give to my son John all my
medicines, Shop furniture, books, instruments and Clothing —

Verbatim — page 491-492 (image 281, Fourthly — daughter Charlotte via Rev. John Vanderveer)

Fourthly — I give and devise unto my SON IN LAW REV. JOHN VANDERVEER (in
addition to the advancement heretofore made to him) to him and to his heirs, all
that farm in the township of Greenwich aforesaid now in the occupation of LEVI
WANNAN, and now held by him Containing about one hundred and Sixty acres more
or less — Also the one half of a timber lot on the mountains Containing about ninety
acres which I bought of JOHN RICKART — also the one half of a Chesnut timber lot
Containing about twenty acres, which I bought of the heirs of DANIEL SMITH deceased
the Same being in the township of Greenwich and Harmony aforesaid; To have and to
hold the Same unto the Said John Vanderveer and to his heirs, upon trust and to the
uses and Subject to the provisions hereinafter declared, to wit: In trust upon this
Special Confidence, that he the said Trustee and his heirs shall permit and
suffer my DAUGHTER CHARLOTTE, with whom he is intermarried, or such person or
persons and for such uses and purposes as she shall direct, notwithstanding
her Coverture, to have, receive take and Enjoy the rents, issues and profits thereof
after deducting the taxes and reasonable Expenses for necessary repairs and improv-
ements, for the use and benefit of my said daughter Charlotte for and during
the term of her natural life; and from and immediately after her decease, then
in trust for THE CHILDREN AND LAWFUL HEIRS OF MY DAUGHTER CHARLOTTE and their
heirs and assigns forever, in Equal Shares as tenants in Common and not as
joint tenants — Provided nevertheless, that my said daughter Charlotte is hereby
authorized and Empowered by last will and Testament Executed by her, notwithstanding
her Coverture, in the presence of three Subscribing witnesses to limit the sale uses
and trust, and the Estate thereon pending, to such of her said Children and heirs
and in such proportions and for Such Estate or Estates as she may in manner
aforesaid direct; ... [continues with empowerment of Trustee Rev. John Vanderveer to sell
upon Charlotte's request and Executors' consent, invest proceeds in productive real
Estate / Public Stocks / bonds & Mortgages held subject to same trusts]

Verbatim — page 492 (image 282, Fifthly — daughter Elizabeth via Theodore I. Paul; Sixthly — daughter Sarah Ann via Joseph F. Randolph)

Fifthly — I give and devise unto my SON IN LAW THEODORE I. PAUL and to his
heirs in addition to the advancements hitherto made to him and wife all
that farm Situated in LOWER MOUNT BETHEL TOWNSHIP in the COUNTY OF NORTHAM-
PTON, AND COMMONWEALTH OF PENNSYLVANIA formerly the property of WILLIAM
MCFARREN and others, and now in the tenure and occupancy of [blank]
Containing about three hundred acres, more or less, also all that Chesnut
timber lot near JOHN MCCREA, Containing about Eighteen acres, which I
bought of MOSES EASTBURN, together with the several appurtenances — To have
and to hold the Same unto the said Theodore I. Paul and his heirs, to
the uses and upon the trusts and Subject to the provisions and limitations
hereinafter declared and appointed, to wit: In Trust and upon the Special
Confidence that he the said Theodore I. Paul and his heirs shall permit and
suffer my DAUGHTER ELIZABETH, with whom he is intermarried, or such person
or persons, and for such uses and purposes as she shall direct and
appoint notwithstanding her Coverture, to have, take, receive and enjoy the
Clear rents, issues and profits of said premises hereby granted and devised
after deducting the taxes and all reasonable Costs and Charges for repairs
and improvements on the Same, to the use and for the benefit of my said
daughter Elizabeth, for and during her natural life; and from and immed-
iately after her decease, then in trust for the Children and lawful heirs
of my said daughter Elizabeth, respectively, their heirs and assigns forever
in Equal Shares, as tenants in Common and not as joint tenants — ... [continues with
empowerment of Trustee Theodore I. Paul + Executors to sell upon Elizabeth's request]

Sixthly — Whereas I have heretofore Conveyed by Deed to my SON IN LAW JOSEPH
F. RANDOLPH, the farm now occupied by BARROWS RILEY, to be held by him
in Trust for the benefit of his wife, MY DAUGHTER SARAH ANN and her Children
for the Consideration and Subject to the provisions therein Specified, Now I do
hereby declare it as my will that the same be taken and Considered as the full
Share of my daughter Sarah Ann, in my real Estate, unless otherwise dir-
ected by some provision or Contingency that may be Contained or arise
under my last will and Testament.

Verbatim — page 493 (image 282/283, Seventhly — Executors' general powers; Eighthly — limestone quarry reserved for family)

Seventhly — It is my will and I do hereby direct my Executors to Collect
in and take Charge of all my Estate real and personal, and to make sale and
assurance of any and all my real Estate not otherwise devised or disposed of, including
the house and lot whereon I reside and the farm the use of which is given to my
wife during her natural life, and my said Executors or the survivors or survivor of
them are hereby authorized and Empowered to make such sale and assurance
of said real Estate at such time or times as they may deem for the best
advantage of my Estate, Subject to the right and power hereinbefore given to my
wife during her life, and at all events to sell and dispose of my said real
Estate at the decease of my said [wife] — or within Seven years from my decease — provided
my wife's interest therein shall then have ceased, or She shall desire in writing
to have the same sold as hereinbefore Specified — And I do hereby further direct
that all the Crops on my farms, which shall be sown as well as those which
may be raised for one year after my decease, Except that given to my wife, be retained
as assets in the hands of my Executors, for the more easy fulfilment of my will,
all other dispositions of said farms being Subject to this Clause. The whole proceeds
of the personal and real Estate, rents and Crops provided for in this Clause of my will are
to be Constituted the residue of my Estate out of which my Executors are to pay my
debts, notes and obligations, funeral expenses and the legacy and interest thereon
to my son John, and the Expense of Settling up my Estate, and the ballance is
to be Constituted a residue, to be placed at interest by my Executors on good landed
or other good safe and productive Security, to accumulate until Seven years after
my decease, when and at which time I order and direct the same to be divided
amongst all my GRAND CHILDREN then living, and to their Child or Children of
any that may be deceased, provided my wife shall then be deceased; if not,
then the division to take place in the same way at her decease —

Eighthly — I hereby Order and direct that one acre of the LIMESTONE QUARRY
with the LIME KILN on the BOWER FARM and the right of way to and from the
Same be reserved by my Executors for the Common use of those members of my
family to whom the Same may have been devised, and who may retain
any of the lands disposed of by my will, situate in the townships of GREENWICH
AND HARMONY —

Verbatim — page 494 (image 283, Lastly — Executors named; Signature; Witness clause)

Lastly — I hereby Constitute and appoint my wife MARY COOPER the Executrix
and my son JOHN COOPER and sons in law JOHN VANDERVEER, THEODORE I. PAUL
and JOSEPH F. RANDOLPH the Executors of this my last will and Testament

In witness whereof I John Cooper the Testator within named have on this THIRD
day of SEPTEMBER EIGHTEEN HUNDRED AND FORTY NINE hereunto set my hand and Seal

Signed, Sealed, published, pronounced and declared
by the said John Cooper as and for his last will                JNO COOPER (Seal)
and Testament in the presence of us, who in his
presence and at his request, and in the presence
of Each other Subscribed the same as witnesses
   JAS THOMPSON, W. H. THOMPSON, J. F. THOMPSON

Verbatim — page 494 (image 283, Northampton Co. PA probate proceedings)

Northampton County, ss.
                            On the Seventh day of February A.D. 1851 before me
SAMUEL SEIGFRIED Register for the probate of wills and granting Letters of
administration in and for the County aforesaid personally appeared JAMES
THOMPSON, WILLIAM H. THOMPSON AND J. F. THOMPSON and being all
duly Sworn according to law did Severally depose and Say that they were
present at the Execution of the foregoing instrument of writing, and Saw and
heard DR. JOHN COOPER NOW DECEASED, sign Seal, publish and declare the
Same as and for his last will and Testament. That at the time of so doing
he, the said Testator, was of Sound disposing mind, memory
and understanding to the best of their (deponents) observation and belief,
and also that they signed the Same as witnesses at the request and in
the presence of Said Testator, in in the presence of Each other.
   Witness my hand                                       SAML SEIGFRIED Register

For qualifications &c see end of Codicil

Verbatim — page 494 (image 283, Codicil — primary-source enumeration of all 4 children)

                                                                    (Codicil)

I JOHN COOPER of Easton, Pa do hereby make this my Codicil
to my last will and Testament, which is now deposited among my papers
in the Easton Bank and it being the Sabbath it Cannot Conveniently, be
had to ascertain the date —

It is my will and I hereby direct that So much of said Last will and
Testament as directs the division of the proceeds of the Sale of my house and
lot on which I reside to be divided among my grand Children be hereby
reversed —

And it is my will and desire and I hereby direct that the proceeds
of the sale of said house and Lot Shall be Equally divided among my
CHILDREN JOHN COOPER JR, CHARLOTTE F. VANDERVEER, ELIZABETH PAUL, SALLY
ANN RANDOLPH or their legal representatives. And I also authorize my
Executors John Cooper Jr, John Vanderveer, Joseph F. Randolph and
Theodore I. Paul or a majority of them to sell the said House and lot
in such manner as they shall judge best. The interest on the proceeds
of said sale to be paid yearly to my wife MARY E. COOPER during her life —
   As witness my hand and Seal the 26th JANUARY 1851
'Or their legal representatives' interlined between line 15 & 16 before Signing
Witness Present:                                            JNO COOPER (Seal)
   JAS THOMPSON, W. H. THOMPSON

Verbatim — page 494-495 (image 283/next, Codicil PA probate)

Northampton County, ss.
                            On the Seventh day of February A.D. 1851 before me Samuel
Seigfried Register for the Probate of Wills and granting Letters of administration
in and for said County, personally appeared JAMES THOMPSON and WILLIAM
H. THOMPSON the Subscribing witnesses to the within written instrument purp-
orting to be a Codicil to the last will and testament of JOHN COOPER M.D.
now deceased and being duly Sworn according to law, did Severally
depose and Say that they were present at the Execution of the Said within
Instrument and Saw and heard the said John Cooper Sign, seal publish
and declare the Same as and for a Codicil to his last will and Testament,
that at the time of so doing the said Testator was of Sound disposing mind
memory and understanding to the best of deponents knowledge, observation and
belief; and also that they Signed the Same as witnesses at the request and in
the presence of Said testator and in the presence of Each other.
   Witness my hand                                  SAML SEIGFRIED Register

Same day the REV. JOHN VANDERVEER was duly sworn in as one of the Executors named in the will

                                On the twenty seventh day of March A.D. 1851 MARY E. COOPER one of the Executors named in the above will, filed her renunciation to the said Executorship

Same day JOHN COOPER JR OF COOPER'S PLAINS, STATE OF NEW YORK, THEODORE I. PAUL OF
BELVIDERE NEW JERSEY, and JOSEPH F. RANDOLPH OF TRENTON NEW JERSEY, Entered into an Obligation with sureties agreeably to the Sixteenth Section of the act of March 15, 1832 which said Bond was filed at the above said day in the Register's Office in and for the County of Northampton as made & provided by the laws of Pennsylvania.

Same day John Cooper Jr, Theodore I. Paul and Joseph F. Randolph, the other Executors named in the foregoing will were duly Sworn in as such and Letters Testamentary granted to them (and John Vanderveer previously sworn in) according to law
   Witness my hand the 27th day of March 1851           Saml Seigfried Register

Verbatim — page 495 (PA Register's exemplification + NJ Surrogate's show-cause order)

Northampton County, ss.
                I SAMUEL SEIGFRIED Register for the Probate of Wills &c
(Seal)          in and for said County, Do hereby Certify that the proceedings
                is a true Copy of the original filed and Recorded in the Register's office
at Easton in and for said County. — Witness my hand and the Seal
of the said Office Easton MAY 27, 1851
                                                Saml Seigfried Register

By LEWIS C. REESE, Surrogate of the County of Warren
John Cooper Jr, John Vanderveer, Theodore I. Paul and Joseph F. Randolph, the Executors named in the will & Codicil of DR. JOHN COOPER LATE OF THE BOROUGH OF EASTON IN THE COUNTY OF NORTHAMPTON & STATE OF PENNSYLVANIA DECEASED, having presented and filed in my office a Copy of said will & Codicil, exemplified under the hand and seal of Samuel Seigfried Register for the Probate of Wills for the County of Northampton in the state of Pennsylvania; Whereby it appears that the said will and Codicil has been admitted to probate by Samuel Seigfried Register in the State of Pennsylvania; And the said Executors having applied to me to have the said will & Codicil proved and recorded in this State, pursuant to the Statute in such Case made and provided, I do hereby order that Cause be Shown before me at my office in BELVIDERE in the County of Warren aforesaid on Thursday the first day of May next, at the hour of ten o'clock, in the fore-noon, why a duly Certified Copy of such will & Codicil should not be filed and Recorded in my office and letters Testamentary thereon granted issued to the said Executors, And that Copies of this order be set up at the STORE OF THEODORE I. PAUL & at the Surrogates office in Belvidere aforesaid for the Space of thirty days next preceding said day — Given under my hand this 31st day of March A.D. 1851
                                                Lewis C. Reese Surrogate

Verbatim — page 495-496 (NJ executor oaths + final Warren Co. order + Surrogate's certification)

State of New Jersey
Warren County, ss.     Before me personally appeared the Subscribers Executors named in the
annexed will and Codicil who being Severally Sworn saith that they will well, truly
and faithfully administer the Estate of said deceased in all things as required by
the laws of the State of New Jersey, to the uses in said will & Codicil mentioned.
Sworn & Subscribed by THEODORE I. PAUL MAY 3, 1851           Theodore I. Paul
& JOHN VANDERVEER, JOHN COOPER JR & JOSEPH                  John Cooper Jr
F. RANDOLPH NOV 11, 1852 before me                          John Vanderveer
       Lewis C. Reese Surrogate                              Jos. F. Randolph

By LEWIS C. REESE Surrogate of the County of Warren in the State of New Jersey

Whereas I did on the thirty first day of March last make the order respecting the probate
of the Will and Codicil of JOHN COOPER M.D. of the Borough of Easton in the State of
Pennsylvania, above written; and now at the time and place designated in said order
a Copy of said will and Codicil having been presented to me by THEODORE I. PAUL
one of the Executors in said will & Codicil mentioned, which Copy I have Satisfa-
ctory proof is 'exemplified and attested to be a true Copy thereof, in the manner in
which Copies of such instruments are usually Exemplified and attested in the
State of Pennsylvania' and that such Copy would be received in Evidence in the
Courts of said State of Pennsylvania, and having Satisfactory proof that the said order
to show Cause why said will & Codicil should not be recorded in my office and
letters testamentary thereon granted to John Cooper Jr, John Vanderveer, Theodore
I. Paul and Joseph F. Randolph the Executors therein named) has been duly
advertised in the manner in said order mentioned & directed, and no sufficient
Cause appearing or being Shown to the Contrary, I record the said will and Codicil,
file the said Copy thereof and grant letters testamentary to John Cooper Jr, John
Vanderveer, Theodore I. Paul and Joseph F. Randolph the Executors therein
named; JOHN VANDERVEER AND JOHN COOPER JR NONRESIDENTS OF THE STATE
OF NEW JERSEY, first giving bond with sufficient Security according to the form of the
Statute in such Case made and provided.

Given under my hand this first day of May in the year of our Lord one
thousand Eight hundred and fifty one
                                                  Lewis C. Reese Surrogate

State of New Jersey
Warren County, ss.   I LEWIS C. REESE, Surrogate of the County of Warren do Certify
(Seal)   the annexed to be a true Copy of the last will and testament and Codicil
thereto of DR. JOHN COOPER LATE OF THE BOROUGH OF EASTON IN THE COUNTY OF
Northampton & State of Pennsylvania deceased, as filed in my office, and that
JOHN COOPER JR, JOHN VANDERVEER, THEODORE I. PAUL AND JOSEPH F. RANDOLPH
the Executors therein named proved the Same before me, and are duly authorized to
take upon themselves the administration of the Estate of the testator agreeably to
said will and Codicil. — Witness my hand and Seal of office the ELEVENTH
day of NOVEMBER in the year of our Lord one thousand Eight hundred and fifty two
                                                Lewis C. Reese Surrogate