I Richard Cole, Of the County of Woodford and State of Kentucky at present of sound mind and memory but impressed with the uncertainty of life do make and ordain the following for my last will and testament, after the payments of my debts and such funeral expenses as my Executors may as their decision incur. I devise all the residue of my estate as follows To Wit:
First, I devise to my beloved wife Sara Cole 220 acres of land on the north side of South Elkhorn fork of Elkhorn, which is to be constituted of the tract computed at 156 and ½ acres formerly purchased of Sir William of the representatives of Wm. Alexander, decd. And 25 acres which I purchased from Vansant and which one belonging to Henry Hardy and the residences to be laid off out of land I purchased from Lee, by a live oak to his south line. The houses all to be removed from the Hardy track and the brick house alone to be entitled. To be held and occupied by my said wife during her life, but without the commission of warrant, also thence slave less choice of my slaves for life and their horse, four cows, fifteen sheep, six hogs, two boars, with a remarkable supply of furniture and such farming hand tools and kitchen furniture as may desire to be selected by her from my stock and three hundred dollars in money, but “A” expressly declared that if my said wife Sara Cole shall marry again, this provision shall cease and all estate embraced by “A” shall be forfeited by her, to be disposed of as is herein provided relative to the family upon which I live.
Second, to my daughter Mary Finnie and her children who may survive her, and the children of her children who may have died before her if there be any such. I devise all the residues of it, land I purchased of the heir of Hancock Lee lying mostly on the North side of the South Fork of Elkhorn and including all the land I own on the North side of the said creek not embraced by the devised aforesaid to be held by said daughter during her life and by said children and their heirs forever, their grandchildren, however who may have survived their parents at her death and to take the share that would have been of their father or mother and also give to my said daughter Mary and her children as aforesaid slaves, Charlotte and Henry and their increase forever and accessories give to my daughter Mary Finnie, 1 Dog, 10 sheep, her hogs and $200.00 in money.
Third, the plantation on the North side, except one piece of ground, including the graves, if and with a convenience to say to it I require to be sold upon a credit of two years with a lien upon the proposed for the price and all residues of my estate. I require to be sold at credit of 12 months the proceeds to be devised between my daughter Elizabeth Martin and, Paine, and my son James Cole and Sara Ann Cole, the daughter of my deceased son Jesse and children of Fanny Bevin and Jesse Cole, son of my son James, and Zerilda Cole the daughter of my son James, in the following portions to wit. My Daughter Sarah and Elizabeth are to have full shares. James and his two children aforesaid are to have one share. Lloyd Cole and Sara Ann Cole to have one each and one third of a share. It being my especial desire that Lloyd be well educated out of his portion.
Fourth, It is moreover my desire that upon the death of my said wife, or upon her marriage, If she shall marry again that the land and slaves devised to my wife aforesaid upon the condition aforesaid, to be sold and the proceeds be distributed as above provided touching the land upon which I live.
Fifthly, It is my intention and desire that the shares of a portion of the money hereby devised shall not be paid over to the infants until they retain their full age respectful, but shall be put to interest and well secured. I do hereby appoint my friend Benjamine Harrison and Thomas Martin my Executors of this will, forsaking all others by me at any time made.
Witness my hand and seal this 15 th day of December 1834.
Signed and Sealed, Richard Cole Jr.
Witness, I Hagan, Hancock Lee, Edward C. Hifter
Codicil; I now make an alteration in my will as reflects, Lloyd Cole; I have a trial with him and think he would be better off without property than with it. I therefore consider he shall not have the part mentioned above, I wish him to have three hundred dollars cash only, and I also wish my Nephew Thomas Jett to be one of my Executors in addition to the two mentioned above. July 12, 1837.
In the August 1839 Session of Court for the County of Woodford, the foregoing instrument of writing purported to be the last will and testament of Richard Cole Jr., deceased, was this day produced in court and proven by the oath of Hancock Lee one of the subtending officers thereunto and ordered to record and on testament of writing there under written purporting to be the codicil to the last will and testament of the said Richard Cole by oath of George Weir, Hancock Lee and Hancock W. Davis, and ordered to record.
Attest Herman Boulman