Document A.98 · will · transcription: verbatim
Will of Stephen Cooper of Morris Twp., Morris Co., N.J. — the original instrument and its proofs; made 6 July 1843, proved 20 July 1844. His only heir is his daughter Sally Ann, and her share is held in trust.
- repository
- Morris County Surrogate, N.J. — loose original
- identifier
- The original will and two proof affidavits. This is the instrument behind [A.33] item #48, the Morris docket 2907N, "Will & Codicil + Inventory 1844."
- date
- 1843-07-06
What is transcribed: The will and its proof. The inventory the docket mentions is not among these four images.
People named
| As written | Role | Identified as | What this document says |
|---|---|---|---|
| Stephen Cooper | testator | Stephen Cooper 1767–1844 | residence: Morris Twp., Morris Co., New Jersey death: between 6 Jul 1843 and 20 Jul 1844 |
| Sally Ann | child | Sally Ann (Sarah) Cooper 1823–1846 | |
| George H. Ludlow | executor | ||
| William Cooper | executor | ||
| Eliza B. Williams | witness | ||
| Joseph Budd | witness | ||
| John Hilts | witness | ||
| W. N. Wood | official |
What this document records
Two readings corrected
BOTH VALUES THIS ENTRY FLAGGED WITH A [?] WERE WRONG, AND BOTH READ CLEANLY AT 4×. ① The township is Morris, not [Mendham?]: "I Stephen Cooper of the township of Morris, in the County of Morris and State of New Jersey." ② The trustee and executor is George H. Ludlow, not George R. — the initial matches the H in "To Have" two lines below in the same hand. The second one is the expensive kind. A George R. Ludlow is not findable; a George H. Ludlow of Morris Co. is.
The estate is a life trust not a gift
SALLY ANN GETS THE PERSONAL ESTATE OUTRIGHT AND THE REAL ESTATE ONLY FOR LIFE. The land goes to George H. Ludlow and William Cooper and the survivor of them, "upon the special trust following, to wit, that they… shall suffer and permit my daughter Sally Ann to possess, occupy and enjoy the same and receive the rents, issues and profits thereof to her own use during her natural life." And she can force a sale. If she signifies a desire in writing, the trustees are authorised and empowered to sell in fee simple — so the trust protects the asset without trapping her in it.
It names one child and stops
Sally Ann is the only child named, and the will makes no gift over to anyone else — consistent with [L.4], which draws Sarah Ann as Stephen's only child. The document does not say she is his only child; it says she is the only one he provided for.
What it fixes
Probate 20 July 1844 fixes his death year at 1844, and the opening fixes his residence at Morris Twp. — both from the instrument rather than from the docket index.
Transcription and notes
Provenance, the two corrected readings, the shape of the trust, and what the document does
and does not say about his children are all in the source: and coverage: headers and are not
repeated here.
The will [verbatim]
In the name of God, Amen: I Stephen Cooper of the township of Morris, in the County of Morris and State of New Jersey do make and publish this my last Will and Testament, in manner and form following that is to say —
First — It is my will, and I do order, that all my just debts and funeral expenses be duly paid and satisfied as soon as conveniently can be after my decease.
Item. I give and bequeath unto my daughter Sally Ann all my personal estate of every kind and nature whatsoever, and to her heirs and assigns.
Item. I give and devise all my messuages, lands, tenements, hereditaments and real estate wheresoever situated unto George H. Ludlow and William Cooper and the survivor of them and his heirs — To Have and to Hold the same during the natural life of my said daughter Sally Ann, upon the special trust following, to wit, that they the said George H. Ludlow and William Cooper and the survivor of them and his heirs shall suffer and permit my daughter Sally Ann to possess, occupy and enjoy the same and receive the rents, issues and profits thereof to her own use during her natural life.
And in case my said daughter during her lifetime shall desire a sale of the aforesaid lands and real estate or any part thereof and shall signify such desire in writing to said George H. Ludlow and William Cooper the survivor of them or his heirs, I do hereby authorise and empower said George H. Ludlow and William Cooper and the survivor of them and his heirs, to sell and convey for such price or prices as he or they shall deem proper in fee simple, all or any part of my messuages lands and tenements aforesaid, and the whole proceeds of such sale or sales …
Lastly, I hereby appoint George H. Ludlow and William Cooper executors of this my last Will and Testament.
— Dated 6 July 1843. Witnesses: Eliza B. Williams, Joseph Budd, John Hilts.
The proof [verbatim]
Witness Eliza B. Williams sworn that she saw Stephen Cooper sign and seal the instrument and declare it to be his will, and that he was of sound mind; the executors George H. Ludlow and William Cooper sworn well and truly to perform it and to file an inventory.
— Sworn before me, July 20, 1844. W. N. Wood, Surrogate.