Will of Daniel Cooper Sr. of Morris Twp., Morris Co., N.J. — made 1 February 1791, with a codicil of 24 April 1792, proved 20 June 1795. NJSA File 873N; Record of Wills Vol. 36 pp. 67–70.

Transcription and notes

Provenance and the five scans, the fact that no child of Benjamin is named, the absence of any daughter Catharine, the destroyed 1791 signature, and the unexplained "Fines" are all in the source: and coverage: headers and are not repeated here.

Data — Preamble (verbatim)

"In the name of God Amen. I Daniel Cooper of the township and County of Morris & State of New Jersey being through the mercy and goodness of God tho weak in body yet of Sound and perfect understanding and memory Do make this my last will and testament in manner and form following."

Data — Bequest to wife Hannah Cooper

• Beneficiary: "my beloved wife Hannah Cooper".
• Bequest: "the use of my Negro wench called Het during her widowhood"; also "the use of one hundred pounds lawful money during her widowhood aforesaid."
• Mechanics: the £100 "shall remain in the hands of my Executors for the use of my beloved wife Hannah, and they the said Executors shall annually pay unto my said wife the Interest which shall arise from the said one hundred pounds."
• On "the marriage or death of my said wife," both the enslaved woman Het and the £100 "shall be distributed in the same manner as the residue of my Estate."
• The bequests to Hannah are explicitly "in lieu of her right of dower."

Data — Bequest to grandson John Ludlow (son of daughter Agnes Ludlow)

• Beneficiary: "John Ludlow the Son of my Daughter Agnes Ludlow."
• Amount: "fifty pounds lawful money to be paid to him within one year after my decease."

Data — Devise of land to Daniel Cooper and Solomon Cooper (grandsons via deceased son John)

• Beneficiaries: "Daniel Cooper and Solomon Cooper Sons of my Son John Cooper Deceased."
• Parcel 1: "That part of three Lots of Land lying in the great Swamp containing about twenty eight acres of Land being the place whereon John Bruse now lives."
• Parcel 2: "one other lot of land containing Six acres of land lying in the great Swamp between the north east corner of the land of Daniel Cooper Junior deceased and the South west corner of the land of James Vanderveer."
• Parcel 3: "one other Lot of Land containing twenty acres lying in the long field, Beginning at the South East Corner of the Land belonging to the Estate of Daniel Cooper Junior Deceased and running with a straight course from said Daniel Cooper Juniors corner to Peter Laytons line thence north to the Long hill road along said Laytons line then along the road till it meets the line of the said Daniel Cooper Junior Deceased thence south to the place where it first began."
• Tenure: "To have and to hold the said lots of land to the said Daniel Cooper and Solomon Cooper Sons of my Son John Cooper to them their heirs and assigns forever."

Data — Bequests of enslaved persons to grandchildren

• To grandson Joseph Gaston, son of Robert Gaston Esqr.: "my Negro boy named Charles."
• To granddaughter Charity Cooper, daughter of my Son John Cooper: "my Negro girl named Charlotte also two of my best cows and six sheep."

Data — Residuary estate (executor's sale and distribution)

Executors directed to sell "all the rest and residue of my Estate both real and personal" (except the three lots devised to grandsons Daniel and Solomon). Proceeds, after debts and specific legacies, divided into eighths as follows:

1. 1/8 to the "Children (both male and female) of my son Daniel Cooper Deceased" — share and share alike. Conditional on a land-dispute settlement (see next section).
2. 1/8 to "my Son Benjamin Cooper" — conditional on Benjamin indemnifying the estate against certain debts (see below).
3. 1/8 to granddaughter Charity Cooper, daughter of my Son John Deceased.
4. 1/8 to the "children of my son John Cooper Deceased (my said Grand Daughter Charity excepted, she having an eighth part before bequeathed to her)" — share and share alike.
5. 1/8 to "my said Grand Son John Ludlow."
6. 1/8 to "my Daughter Rosanna Gaston wife of Robert Gaston Esqr."
7. 1/8 to "my Daughter Providence Manning wife of Joseph Manning."
8. 1/8 to "the Children of my Daughter Anna the wife of Jonas Earle" — share and share alike.

Proceeds to remain in Executors' hands until "all the Expences of settling my Estate shall be fully paid." Distribution only after that point.

Data — Land-boundary condition attached to the Daniel Jr. children's legacy

"…there is a Dispute between the Children of my said Son Daniel and the heirs of my Son John respecting the boundary Line between the farm whereon the said Daniel Cooper Junr. Deceased lived and the farm whereon the said John Cooper Deced. lived and in order to remove all cause of contention it is my will and Desire that the line between the said farms be and continue where the fence now Stands that divides said farms…"

• The children of Daniel Jr. must release to the children of John "all their right and title to the land lying on the East side of said partition fence."
• If the Daniel Jr. children refuse within one year after Daniel Sr.'s decease, the Executors are to deduct £40 from their 1/8 share and give it to John's children "share and share alike."

Data — Conditions attached to Benjamin Cooper's legacy (debts)

Benjamin's 1/8 share is conditional on his paying and discharging five specific obligations on which Daniel Sr. stands as Benjamin's security, verbatim:

1. "one Obligation to Samuel Wells Esqr."
2. "one Bond executed by myself and my Son John Cooper Deceased for my Said Son Benjamin Cooper's Fines"
3. "one Bond to Elias Boudinot Esqr. for my said Son Benjamin's own Debt"
4. "twenty pounds to Elias Boudinot Esqr. for Costs in Suit brought by William Neilson against me"
5. "five pounds to Richard Stockton Esqr."

"If my said son Benjamin shall indemnify my Estate against the said Demands by producing the said Bonds or Obligations cancelled and Receipts for the other Demands then my Executors are hereby Directed to pay to my said son Benjamin his Legacy aforesaid but otherwise to retain said Legacy as an Indemnity against said Demands."

Data — Executors named

• Robert Gaston Esqr. of Somerset County (Daniel Sr.'s son-in-law — husband of daughter Rosanna).
• Elias Coriell of Morris County.
• James Linn of Somerset County.
• Colonel Ephraim Martin of Somerset County.

By the time of probate (1795), the other three were deceased or unable; probate was granted to James Linn alone as "one of the surviving Executors."

Data — Witnesses

• To the will (1 Feb 1791): Moses Squier, Joseph Thompson, Peter Runyon (Peter Runyon signed with a mark "x," suggesting he could not write, or was physically unable).
• To the codicil (24 April 1792): Robert Robertson, David Burnet, John Muckelet [script unclear; could be "Muckle," "Mackle," etc.].

Data — Codicil (24 April 1792)

Two changes and one clarification:

1. Revokes the 1/8 to children of Daniel Jr. — redistributes as follows: - 1/11 of that revoked eighth to "Lydia wife of Samuel Annin and daughter of my Said Son Daniel." - 1/11 to "Mary Crane Daughter of my Son Daniel." - The remaining 9/11 divided equally among: "the Children of my Son John the Children of my Son Benjamin the Children of my Daughters Rosanna, Providence and Anna and John Ludlow Son of my Daughter Agnes share and share alike."
2. Timing of payments to Anna Earle's children: "paid by my Executor to the Sons of my said Daughter Anna when they arrive to the age of twenty one Years respectively and to the Daughters of my said Daughter Anna when they arrive to the age of Eighteen Years respectively."
3. Ratifies all other parts of the original will.

Data — Probate depositions (20 June 1795, Morristown)

• Joseph Thompson (witness to the will) sworn; confirmed signing, and that Moses Squier and Peter Runyon were co-witnesses.
• David Burnet (witness to the codicil) sworn; confirmed signing, and that Robert Robertson was a co-witness.
• Probate granted to James Linn (surviving executor) by Gov. Richard Howell under the Prerogative Seal. Register: Samuel W. Stockton.