Jacob Cook (Rev.) Will — 1844

(Monroe County Will Book 3, p.611-614)

Transcribed by Fred Ziegler with some corrections to spelling and punctuation.

I, Jacob Cook of the County of Monroe and State of Virginia, being advanced in age and somewhat infirm in body, but of sound and disposing mind, and calling to mind that according to the nature of things, the residue of my time in this world cannot be long, and being anxious to make disposition of the property which God in his goodness has pleased to bless me, do therefore hereby make this my last will and testament in manner and form following to wit:–

First. It is my wish and desire that all my past debts and funeral expenses shall be paid out of my personal estate.

Second. I give and bequeath to my beloved wife Rachel (if she should survive me) one bed and furniture for her to use and dispose of as she may think proper.

Third. I give and bequeath to my son Riley B. Cook a certain boundary of land including my dwelling house and other houses attached, orchard etc., on the south side of the creek which boundary may be more particularly described as follows, to wit:– Beginning at a corner of my home place and Samuel Humphreys and the land I bought of Rolston, in Humphrey's field, thence with the lines of my home tract and Humphreys to a corner on the bank of Indian Creek, thence through the old tract down the creek with the meanders thereof and including the creek and the island opposite the house to a sycamore marked on the south side of the creek at a point opposite where the old fort stood, thence leaving the creek and running with a cross fence where the fence makes a bend and crosses a branch, thence by a straight line passing through a field called the Glover field and passing a pealed black walnut tree on the outside of said field and crossing the line between the home tract and the tract bought by Rolston to the back line of the Rolston Tract, and thence with the several lines of the Rolston Tract joining Lawrence and Humphreys to the place of Beginning, to him and his heirs forever; subject however to these conditions to wit:– That the said Riley B. Cook shall furnish and provide a comfortable subsistence for myself and my wife Rachel during our natural lives (or during her natural life, if she survives me) furnishing us (or her if she should survive me) with all the comforts and conveniences of life suited to our age and condition, and subject to the further condition that the said Riley B. Cook shall within two years after my decease pay over his proper proportion of the sum herein after provided to be made up for my two daughters, Sarah and Caroline.

Fourth. I give and bequeath to my son Ward Cook a certain piece of land which has been laid off for him on the north side of Indian Creek, part of the home tract and containing forty one acres bounded as follows, to wit:- Beginning at a double sugartree on the north side of the creek nearly opposite to the mouth of the Mill Creek, thence S 67 W, 2 poles to an ironwood and white oak saplings on the creek bank, thence down the creek with the meanders thereof, and binding thereon N 64 W, 14 poles, N 76 W, 15 poles, N 51 W, 57 poles to a white oak on the creek bank, and leave the creek N 43 W, 26 poles to an elm by an old sugarcamp near the mouth of a hollow, thence N 32 E, 34 poles to a large white oak to a hickory sapling, N 87 E, 64 poles to a white oak, S 60 E, 26 poles to a white oak, S 23 W, 33 poles to a stake in old field, S 2 E, 42 poles to a double sycamore bush in an old field, S 4 W, 11 poles to the Beginning, to him and his heirs forever, subject however to this condition, that the said Ward Cook shall within two years after my decease pay over his proper proportion of the sum herein after provided to be made up for my two daughters, Sarah and Caroline.

Fifth. I give and bequeath to my son Jacob A Cook a certain boundary of land including my mills and which may be more particularly described by the following boundaries:– Beginning at Indian Creek where my line and Humphreys' crosses the creek and where Riley's part leaves said line, thence with the lines of my home tract and the land Humphreys bought of Shanklin to John Maddy's corner, and with Maddy to where my line meets Robert Shanklin, and with Shanklin to nearly opposite to where a large white oak and a hickory sapling are marked corner to the part bequeathed to Ward Cook, and with the lines of Ward Cook's part to an ironwood and white oak saplings on the bank of Indian Creek nearly opposite the mouth of the mill creek, thence up Indian Creek with the meanders thereof and binding thereon with Riley's part to the Beginning, to him and his heirs forever, subject however to this condition that the said Jacob A. Cook shall within two years after my decease pay over his proper proportion of the sum herein after provided to be made up for my two daughters, Sarah and Caroline.

Sixth. I give and bequeath to my son Lewis G. Cook all the residue of my home tract and of the Rolston tract not herein above disposed of, that is to say:– Beginning on the north side of Indian Creek opposite a sycamore marked as corner for Riley's part opposite the old fort and on line of Ward Cook's part, and with latter down the creek to a white oak, thence to an elm by the old sugarcamp, thence to a large white oak and hickory sapling, corner to Ward Cook's part and Jacob A. Cook's part, and with the latter to R. Shanklin's line, and with said line and the old tract crossing the creek to whence my old tract meets my Rolston tract, thence with the back line of the Rolston tract to where Riley's part meets said back line, thence through both tracts with Riley's part to the Beginning, to him and his heirs forever, subject however to this condition that Lewis G. Cook shall within two years of my decease pay over his proper proportion of the sum herein after provided to be made up for my two daughters, Sarah and Caroline.

Seventh. I give and bequeath to my daughter Caroline Cook one bed and furniture proper thereof.

Eighth. I give and bequeath to my daughter Sarah Cook two hundred dollars to be paid to her in two years after my decease, and to my daughter Caroline Cook two hundred and fifty dollars to be paid to her in like manner in two years after my decease, which two sums making together four hundred and fifty dollars is to be made up by my four sons to whom I have bequeathed land each making up a part of said sum in proportion to the present value of the land bequeathed to each.

Ninth. It is my desire that my books shall not be sold but that they be divided equally between my four sons, Ward, Riley, Jacob and Lewis.

Tenth. With regard to my two sons, John H. Cook and Lorenzo D. Cook, and my two daughters Polly Bell and Nancy Walker, I have already made some advances of property to each of them, and suppose that the personal part of my estate which will be to sell, may not more than meet the demands which may be against the estate, if however there should be a balance of the proceeds of my personal estate after paying my debts and the specific legacies or bequests as above, then and in that case it is my wish that this balance shall be equally divided between my said two sons and two daughters now living in the State of Indiana.

Eleventh. I do hereby constitute and appoint my two sons Ward Cook, and Riley B. Cook executors to this my last will and testament and revoking all others or former wills I do declare this my last will and testament.

Given under my hand and seal this 31st day of May, 1842.

Jacob Cook (seal)

Witness
John H. Vawter
James S. Shanklin
Lewis Copeland

Recorded May 1844

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