Individual Details
Robert Cole
(1627 - 1663)
LAST WILL AND TESTAMENT OF ROBERT COLE, VOLUME 1, PAGES 182 THRU 186 MARYLAND STATE ARCHIVES, HALL OF RECORDS, ANNAPOLIS, MARYLAND IN THE NAME OF GOD, AMEN, the second Day of aprile in the year of our Lord 1662 I Robert Cole of St. Clements Bay in the Province of Maryland Yeoman being in good health and perfect memory Praise be given to God for the Same and being desirous to settle things do make this my last will and Testament in manner & forme following: That is to say, first and principally I comend my soul to allmighty God my Creator and my body to the Earth from whence it was taken, and touching such worldly Estate as the Lord in mercy hath lent my will and meaning is the same shall be Employed and bestowed as hereafter by this my will is expressed and first I doe revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testament after my Death Certainly knowne. 1. Ittem I give and bequeath to my hououred friend Mr. Francis Fitzherbert or his Successors the best hogshead of Tobacco of my Crop and the best Steer of my Stock in Testimony that I dye a Roman Catholick and desire the Prayers of the holy Church. 2. I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attaine the age of eighteene yeares but in case be should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in Case Ann Harinton be dead before Francis come to that age and leave no issue that then my Children shall have the whole gift Equally amongst them. 3. Ittem I give and bequeath unto my Son Rob: Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Cattle to be Equally shared amongst them as Each of them to the age of Eighteen years that is to Say when my Son Robert come to that age he shall the fifth part of my Cattell taken from the rest and known to be his and So forth till the two youngest come to ye same age as aforesaid. 4. Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, Blanket red rugg and one pair of my best sheets and my spice mortar and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron. 5. Ittem I give and bequeath Elizabeth Cole my best flock bed and Bolster green rugg one Blanket one pair of sheetts one Iron Pot six napkins one diaper table Cloth and one Smoothing Iron. 6. Ittem I give and bequeath unto my son Robert Cole to him and his heirs for Ever My Plantacon I now Live on and all the Land and Houses belonging to it with the Orchard he the Said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the Space of Seven years as aforesaid. 7. Ittem My will is that my aforesaid Children have such Education in Learning as to write and read and Cast accompt I mean my three Sonnes, my two daughters to learn to read and sew with their needle and all of them to be keept from Idleness but not to be keept as Comon Servants and that the Learning so bestowed upon my Children be out of my whole Estate before they do come to the age aforesaid and after Such learning So bestowed that Such Care be taken of my Children that they may not forget their Learning before they do come to the age as aforesaid. 8. Ittem my Will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free Such or so many others may be put in their rooms to Serve my Children Jointly. 9. Ittem my Will is that my Executors hereafter named have Such Power by this present Writeing of this my Will as to Sell or dispose of any part of my Estate for the good of my Children in Generall. And my Will is that my Stock of Cattell never exceed the number of fifty one whole year together but they may be sold either alive or dead for the use of my Children as aforesaid but not So Sold as to Scant Either my Children or Servants of necessary and wholesome provision for their health and strength. 10. Ittem I give and bequeath to my Son in Law Francis Knott the rights of 50 acres of Land as they do stand upon the record Whereas I had a Warrant to Survey four hundred acres and I did Survey but 350, the which survey I did assign to John Wheeler. 11. Ittem I give and bequeath unto my three sons Robert, William, and Edward Cole the Rights of 600 acres of Land Equally amongst them whereof I have a Warrt of 450 acres amongst my papers Since that Warrant was granted I have rights for John Elton, Sibele Jackson, and Isobelle Joanes for their transportacons. 12. Ittem I give and bequeath all the estate whatsoever be it Land houses or money that doth any ways belong unto me in England or of Right Should belong to me unto my Children in Generall after the Death of my Loveing Mother Mrs Jane Cole of Heston in the County of Middlesex but in Case my Mother should be necessitated and impoverished then my Will is that my mother have sent to her a Competent yearly and Every year a reasonable Sustenance out of my Estate dureing her Naturall life. My will is also that if any of my Children doth dye before the age aforesaid or under the age of Twenty one yeares without issue that then Such a part as did belong to Such an one Shall be equally divided amongst them that are liveing. My will is also that if any of my Children dye with out Issue that then it Shall not be in their Powers to give to any other than their brothers or Sisters more than one fourth part of Such Goods or Chattells given by me to them as they shall be possessed of at the Day of their Death. 13. Ittem I give all the rest of my Estate as hogs beding pewter potts kittles spoones tubbs payles trayes bottles Juggs rundletts Tables chaires Stools Linnen and woolen pottry and all other goods that doth Belong to me or may hereafter belong to me unto my 3 sons Robert William and Edward Together with my Gunns powder and shott reserving only two sowes and a barrow of two years old for my Son in Law Francis Knott if he doth live to ye age aforesaid if he should dye before that age then all to my three sons aforesaid or to those that do survive the rest that are departed this life. 14. Ittem My will is and I do by these presents constitute and appoint my loveing friends Collonell William Evans and Capt Luke Gardiner both of St. Clements Bay and my Loveing Cousin, Mr. Henry Hankes of Holbourne in the City of London to be my Executors and overseers or any two of them in this Country and in England any one of them to Execute this my Last will giving them power and authority over all my Children and their Estates till they do attaine the age of Twenty and One yeares as also power over all the premises aforesaid, as also power or authority to make and appoint one or more overseers after their Death for the fulfilling of this my will giving to them all a strict Charge that my Children be brought and taught in the Roman Catholick Religion as they shall the Contrary at the dreadful Day of Judgmt. In testimony that is my Last Will and Testament I do hereunto Sett my hand & seall the Day and Year above Written with five enterlines which be these, Brother, my, will, Wright or Sisters. ROBERT COLE Witnessed by us and Signed and Sealed before us Justice & Coram (Locus Sigille) Thomas Brooks, James Thomsom Clarke, Edward Clarke The power that is given to my Exers is Jointly and after the death of anyone of them then my Will is that the other may act by himself or chose one to him to assist him if the departed hath not appointed one in his Steed before his death but my Cussin Hankes is to act in England by himself or with advice as witness My hand. ROBERT COLE My son Robert Cole was born 15th Octr 1652, my daughter Mary Cole was born the 26th Janry 1653, My Son Wm. Cole was born the 23 June 1655. My Son Edwd Cole was born 9th Nov 1657. My Daughter Elizabeth Cole was born 2d March 1659. Francis Knott is three years older than my Son, Robert Cole, is as Witness my hand this 25th of April 1662. ROBERT COLE My meaning is that my Children Shall have their porcons at 18 years old but have absolute possession when they be 21 years of age and my daughters be maryed to Roman Catholicks then at 18 years. Sept 8th .... James Thompson Gentn saith upon oath that being at Newtown Robert Cole requested him to Sett his hand to this Paper telling him withall that it was his will (he the said Cole being then bound for England) and it was Signed and Sealed in this Deponents presence by the said Robert Cole, and he knoweth of no other Will that Ever Robert Cole made. JAMES THOMPSONE SWORN BEFORE ME WM BRETTON Sept ..6th 1663 Thomas Brooke Gentn saith upon oath that he signed this Will as a Wittness and that it was Robt Coles Act and Deed and that he knoweth of no other Will made by the Said Robert Cole. THOMAS BROOKE SWORN BEFORE ME HENRY SEWALL Secretary
Note: Lineage dates to King Harold of Denmark in 935 and to King Harold of ENG 1022. MD immigrant circa 1652. 1st wife: Elizabeth Slye ? Land owner 1100 acres. Planter. Also known as Ensign Robert Cole. 2nd wife: Rebecca Knott, a widow. Will written 2 April 1662, proven 8 Dec 1663. Died at sea while on a trip to England.
WILL: Cole, Robert, St. Clement's Bay,St. Mary's Co.,2nd Apr., 1662; 8th Sept., 1663. To 3 sons, viz., Robert, William and Edward, land. To son-in-law Francis Knott, land. To daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs. Exs.: Col. Wm. Evans of St. Clement's Bay, Capt. Luke Gardner, St. Clement's Bay, and cous. Henry Hankes of London. Test: Thos. Brook, Jas. Thomson Clarke, Edward Clarke. 1. 182.
(Source: Maryland Calendar of Wills, Vol. 1)
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Notes:
Archives of Maryland, Volume 41, Provincial Court Proceedings, 1661. Page 565 Liber P. C. R., [p.1080] May 1661.
The Deposicon of Robert Cole aged thirty foure yeares or there abouts being Sworne and Examined ...Jurat coram me Luke Gardner.
Capt Nicholas Gwyther Sayth uppon oath, tht the last yeare comming to New Towne, att the request of Capt Cornewaleys understanding tht Richard Sheppey lyved att Robt Coles (his kinsman by marriage)...(Arch. of MD, Vol. 41, p. 242)
The proceedings in 1673 concerning the executorship of Luke Gardner contains the words "he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England". Robert Cole died during a trip to England in 1662.
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffive Children lyving in this Province of Maryland, Begott of his loving & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will. Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29th March 1663. Willm Bretton. Jurat, ide verbatim Luke Gardnor. Jurat ide verbatim Willm Turpine. Oës Jurati Corã Charles Calvert. (Arch. Of MD, v. 49, p.3).
Maryland Genealogical Society Bulletin; Winter 1995 Vol 36 No 1; References to Sons and Daughters in the Provincial Court Records 1637-1683 R Edward Wright
Cole, Robert. Children of Ensign Robert Cole and his wife Rebecca, both dec'd.: Robert Cole, eldest son; Mary Cole, eldest dau; William Maria Cole his 2nd son; Edward Cole his 3rd son; Elizabeth Cole his youngest dau. 29 Mar 1663. (Arch. Of MD, v. 49, Provincial Court Proceedings, 1663. p.3; Liber B B, [p.3]). March 29 1663
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffiue Children lyuing in this Province of Maryland, Begott of his louing & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will'm Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29 March 1663.
Willm Bretton.
Jurat, ide uerbatim-Luke Gardnor.
Jurat ide uerbatim-Willm Turpine.
Oës Jurati Corã Charles Calvert.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1635 (Earliest probated) To 1685 Volume I; Family Line Publications Westminster, Maryland 1988, p. 25
Cole, Robert, St Clement's Bay, St Mary's Co., 2nd Apr., 1662; 8th Sept., 1663.
To 3 sons, viz., Robert, William and Edward, land.
" son-in-law Francis Knott, land.
" daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs.
Exs.: Col. Wm. Evans of St Clement's Bay, Capt. Luke Gardner, St Clement's Bay, and cous. Henry Hankes of London.
Test: Thos. Brook, Jas. Thomson, Clarke (priest), Edward Clarke. 1. 182.
Date: Sat, 8 Aug 2009 07:35:09 -0500
From: rubyslippers
To: mdstmary@rootsweb.com
Subject: [MDSTMARY] Robert Cole will - John Hilton and a Sibel
On the Rootsweb site for Charles County MD Families is listed the following:
Apr. 1662 - The St. Mary's County, Md. will of Robert Cole of St. Clement's Bay, probated Sep. 1663, leaves (among other bequests):
--my 3 sons to have rights for transporting John Elton, Sibel Johnson and Isabella Joanes.
Source: Maryland Prerogative Court, Testamentary Proceedings, Liber 1D, p. 120.
In the book "Robert Cole's world" By Lois Green Carr, Russell R. Menard, Lorena Seebach Walsh, Institute of Early American History and Culture (Williamsburg, Va.) Item #11 in Robert Cole's will lists the above as Sibelo Jackson.
Anyone have any additional information?
Thanks, Sharon
Robert Cole Will - 2 April 1662, Liber No. 5, 183-186
In the Name of God Amen the Second Day of Aprill in the year of our Lord 1662, I Robert Cole of St Clements Bay in the Province of Maryland Yoaman being in good health and perfect memory Praise be given to God - for the same and being desirous to settle things do make this my last Will and Testament in manner and forme following. That is to say, first and principally I commend my Soul to All mighty God my Creator and my body to the Earth from whence it was taken and touching such worldly Estate as the Lord in mercy hath lent ..........mraining is the same shall be employed and Witnessed as .......er, by this my will expressed and first I do revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testatment after my Death Certainly known
Ittem I give and bequeath to my honoured friend Mr. Francis Fitzherbert or his successors the best......of Tobacco of my Crop and the best Steer of my Stock that ....oye a Roman Catholick and de.....e the holy Church
I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attain the age of eighteen years but in case he should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in case Ann Harinton be dead before Francis comes to that age and have no issue that thou my children shall have the whole gift Equally amongst them.
3 Ittem I give and bequeath unto my son Robt Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Estate to be equally shared amongst them as Each of them to the age of Eighteen years that is to say when my son Robert come to that age he shall the fifthe part of my Cattell take from the rest and known to be his and so forth till the two(?) youngest come to ye same age said
4 Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, ....anken, ...dengg and one pair of my best sheets and my spice mortars and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron
5 Ittem I give and bequeath Elizabeth Cole my best Slak(?) bed and Bolster Greenegg one Blankitt one pair of Sheetts one Iron Pott Six napkins and Diaper table Cloath and one smoothing Iron.
6 Ittem I give and bequeath unto my son Robert Cole to him and his heirs forEver My Plantation I now live on and all the land and Houses belonging to it with the Orchard he the said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the space of seven years [to the] aforesaid
7 Ittem my will is that the aforesaid Children have such Education in Learning [to] write and read and castauompt(?) I mean my three sonns and my two daughters to learn to read and sew with their needles and all of them to be kept from idleness but not to be kept as Comon Servants and that the learning so bestowed upon my children be out of my whole Estate before they do unto the age aforesaid and after such learning so bestowed that such care be taken of my children that they may not forgett their learning before they do come of age as aforesaid
8 Ittem my will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free such or so many others may be put in their roomes to serve my Children Jointly
9 Ittem my Will is that my Executors hereafter named have such Power by the present writing of this my will as to sell or possess any part of my Estate for the good of my Children in Generall
And my will is that my Stock of Cattell never exceed the number of fifty.....whole year together but they may be sold Either.....ahoe.......ead for the use of my Children as aforesaid ......not ........as to Scant(?) Either my Children or servants of necessary and ..provision for their health and strength
10 Ittem I give and bequeath to my son in Law Francis Knott the rights to 50 acres of Land as they do stand upon the record Whereas I had a Warrent to Survey four hundred acres and did survey but 350, the which survey I did assign to John Wheeler
11 Ittem I give and bequeath unto my three Sons, Robert, William and Edward Cole the Rights to 600 acres of Land Equally amongst them where of I have a warrante of 450 acres amongst my papers said .........Joanes for their transportations.
12 Ittem I give and bequeath ....ll the estate whatsoever be it land houses or money that doth anyways belong unto me in England or of right should belong to me unto my Children in Generall After the Death of my mother Mrs. Jene (Jane?) Cole of Heston in the County of Middlesex but in case my mother should be incapasitated and impoverished then my will is that my mother have sent to her a Competent yearly any every year e reap ....ble sustenance out of my Estate during her naturall life, my will is also that is any of my children dothe dye before the age aforesaid or under the age of twenty one years without issue that then such a part that did belong to such on one shall be equally divided amongst them that are living. My will is also that if any of my children dye without issue that then it shall not be in their .....to give to any other then their Brothers or Sisters more than one fourth part of such Goods or Chattels given by me to them as they shall be possessed of the Day of their Death
13 Ittem I will all the rest of my Estate hogs beding pewter potts K.....nes tubbs pewter trays bathes (?) Ruggs rundletts tables ......s Stools Linnen and Wooden Pottry and all other goods that belong to me or may................belong to me unto my 3 Sons Robert William and Edward Together with my Gunns p...........tur iseronig(?) onely ..................... and a barrow tees(?)............................my son in Law Francis Knott if he doth live to ye age of ................should dye before it age [th]en all to my three sons aforesaid to these that .......................that are......
14 Ittem my will is and I do .........................constitute and appointing my loving friends Christopher Evans and Captn Luke Gardner both of St Clements Bay and my loving Cousin Mr. Henry Hankes of Follbourne in the City of London to be my Executors or overseers or anyone of them in this country and [in] England a ................................. to Execute this my Last will giving them power and authority over all my children a[nd] [the]ir Estates if the[y] do attain the age of Twenty and [one] years as also power over all the promises aforesaid, as also power [of] authority to make and appoint one or more overseers after their Death fulfilling of this my will giving to them all a strict charge that my Children be brought taught in the Roman Catholick Religion as they shall the contrary at the [d]readfull Day of Judgmt. In testimony that is my Last Will and testament I do herewith sett my hand & Seall the Day and Year above Written with five enterlines which be these Brothers, my [will], Wright or Sisters Robert Cole
Witnessed by ..................Signed and Sealed [before] us
Justice............ram
Thomas Brooks
James Thornton(?) Clarke (NJL note: James Thompson, Clerke)
Edward Clarke
The power that is given to my Exectrs is jointly after the death of anyone of them throw my will is that the other may act by himself or chose one to him to assist him if the departed has not appointed one in his steed before his death but my Cusson Hankes is to act in England by himself
Witness my hand
Robert Cole
My son Robert Cole was born 15th Oct 1652
My daughter Mary Cole was born the 26th Janry 1653
My son Wm Cole was born the 23 June 1655
My son Edwd Cole was born 9th Novr 1657
My daughter Elizabeth born 2d March 1659
Francis Knott three years older than my Son Robert Cole is as witness my hand the 25th of Aprill
My Meaning is that my Children shall receive their portions at 18 years o.................t....................... have a...he posses[ion]..................... they be 21 years of age un[less] my daughter be maryed to [a Roman] Catholick then at 18 years Robert [Cole]
Sep[tember] 8th [1662]
Ja[mes Thornton? Clarke] Saith upon oath that being at Nowton Robert Cole ................ in to sett his ........... to this Paper telling him with ................ that it was his Will Cle.................Said Cole being then bound for England, and it was sidned and sealed in this Deponents presence by the said Robert Cole and ..... knowth of no other will that Ever Robert Cole made
J.....Thompson(?)
Sworn before me Wm Bretten
Sept..................1663 Thomas Brooks.......Saith upon oath that he signed this Will as Witness and that it was Robt Coles act and Deed and that he Knoweth of no other will made by the said Robert Cole
Thomas Brooke
Sworn before me Henry ................well Secry.
Archives of Maryland, Volume 57, Provincial Court Proceedings, 1667. Page 206 Liber FF, [p.498] at the June, 1667, court.
Capt Luke Gardner delivers in to Court an Accot of the Estate belonging to the Orphants of Mr Robert Cole deed as followeth Since Augt One thousand six hundred sixty five
Dr (Debit) lbs
Resting to ballance since the last Delivering in 00878
To shooes 01604
To Phisick 00110
To woollen Cloathes oi866
To Sugar 00116
To linnen 01793
Isabell Jones for part of her freedome cloathes 00250
[p.499] To women Servants wages 01750
To Carpenters worke 01150
To thread 00248
To Caske 00919
To Soape 00123
To Church Leavies 00250
To the Country Leavies 00544
To the Childrens Schooling 02150
To Taylors worke 00577
To 2 barrells of Corne 00220
To a barrell of Macharell 00200
To Iron worke 00167
To 13 Deer skins 00390
To the Recording Mr Coles Estate 00048
To a hatt, hood pinnes and Sissors 00089
To Powder and shott 00044
To stockings 00394
15340
Per me Luke Gardner
P Contra Cr (Credit) lbs
To 6 hides sould W Woodberry 00540
To meate sould W Warren 00836
To a Gunn Stocke Broke in the march ooo6o
To 61 lb of hide 00122
To the building of the Church 00532
To the Cropp in the yeare 07280
To meate sold Mr Foxhall 01036
66 To 3 hides qt 57 lb 00114
Reed for building the Church 00057
The Cropp made this yeare 03854
14431
Rest due to ballance 909
15340
Per me Luke Gardner
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675. Page 457 Liber P.C., [p.74]
Die Martij 30 Martij 1673 P. 74: Whereas Luke Gardner the Sole Surviving Executor of Robert Cole late of St Clements Bay in the County of St Maries deceased at the request of Robert Cole Son and heire of the Said deceased and Ignatius Warren who mary the daughter of the said deceased was cited to this Court to render an accompt of his Executorshipp Whereupon the Said Luke the 17th of October 1673 appeared and in presence of the Said Cole and Warren delivered in his accompt of and concerning the execution of the Said Estate last will and Testament in writing Signed with his hand of wch accompt the said Robert Cole the heire and the Said Ignatius Warren prayed copies and time till the tenth of November then next Following to make their Exceptions the Said accompt which was then accordingly granted Att which Said tenth of November appeared as well the Said Luke Gardner the Executr as the Said Robert Cole and Ignatius Warren and the said Robert Cole the heire to the deceased delivered in his exceptions in writeing to the acct of the Said Executor vizt in thirteen articles in particular to which the Executor mmediately made answers which were taken in writeing by the Judge or Commissary Genll for testamentary causes which being read & Considered off by the Said Robert Cole and nothing Further objected in particular materiall to hinder the passeing the Said accompt The Said judge would further advise himselfe upon the Said accompt in regard of the last Exception in Generall to the Said accompt made by the Said Robert namely the executrs accompt (of which he prayes allowance) being so imperfect in many the particulars there being no expresse time of the Delivery or to whom or for what accompt whereby it is impossible for the said Robert to make his just exceptions to severall particulars Therefore recomends the said Acc.t to the judgment of the judge in Testamentary business to rectifie the same as to his Honr seems meet and agreeable to Equity And there-fore the said judge did take into his hands the acc° of the said Luke and after mature consideration thereof and the exceptions to the same made caused the same to be rectified in many particulars not mentioned in the exceptions of the said Robert and upon the 14th of February 1673 called the said Executor To make Oath to the particulars of his Own accompt that stood allowed by the said judge, which the said Executor not being able to doe in comon forme but only in the Speciall Manner as at the foot of the acco as annexed The said judge declared that in regard the said Luke Gardner never tooke Out Letters Testamentary upon probate of the Will of the said Robert Cole deceased never tooke the Oath of Executor to make a true accompt nor never made Inventory or appraisement of the Goods Chattells rights and creditts of the said deceased, nor hath Kept Such an accompt of his administracon of the goods Chattells rights and Creditts of the said Robert deceased as he does absolutely sweare to as an executor Ought to doe The said Luke hath lost all benefitt or advantage of an Executor and is punishable at the discretion of the judge here. But forasmuch as it appeares he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England and raised a Stock of horses for the Orphants where the Testator left none The said judge doth Order That the Orphants of Robert Cole deceased shall receive the household goods in the Condition they are in the Cattle and hoggs as they are shared to them and the horses to be divided amongst them after the said Luke Gardner hath chosen One mare [p. 75] and foale by her side which the judge Testamentary doth hereby Order him as the Only reward of his paines and care taken in manageing the said Estate And doth further Order him to deteine Out of the Cropp of tobacco now made the ballance of the accompt as it stands rectified and allowed by the said judge vizt eleven hundred eighty three pounds of tobacco together with two thousand five hundred fifty three pounds of tobacco for itinerant charges in twelve years time expended by the said Executor Which being read & heard it is this day to wit the thirteenth day of October in the 43th yeare of his Lopps Dominion &c Annoq Dom. 1674 considered by the Court here that execution be granted according to the abovesaid Order.
-- MERGED NOTE ------------
Notes:
Archives of Maryland, Volume 41, Provincial Court Proceedings, 1661. Page 565 Liber P. C. R., [p.1080] May 1661.
The Deposicon of Robert Cole aged thirty foure yeares or there abouts being Sworne and Examined ...Jurat coram me Luke Gardner.
Capt Nicholas Gwyther Sayth uppon oath, tht the last yeare comming to New Towne, att the request of Capt Cornewaleys understanding tht Richard Sheppey lyved att Robt Coles (his kinsman by marriage)...(Arch. of MD, Vol. 41, p. 242)
The proceedings in 1673 concerning the executorship of Luke Gardner contains the words "he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England". Robert Cole died during a trip to England in 1662.
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffive Children lyving in this Province of Maryland, Begott of his loving & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will. Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29th March 1663. Willm Bretton. Jurat, ide verbatim Luke Gardnor. Jurat ide verbatim Willm Turpine. Oës Jurati Corã Charles Calvert. (Arch. Of MD, v. 49, p.3).
Maryland Genealogical Society Bulletin; Winter 1995 Vol 36 No 1; References to Sons and Daughters in the Provincial Court Records 1637-1683 R Edward Wright
Cole, Robert. Children of Ensign Robert Cole and his wife Rebecca, both dec'd.: Robert Cole, eldest son; Mary Cole, eldest dau; William Maria Cole his 2nd son; Edward Cole his 3rd son; Elizabeth Cole his youngest dau. 29 Mar 1663. (Arch. Of MD, v. 49, Provincial Court Proceedings, 1663. p.3; Liber B B, [p.3]). March 29 1663
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffiue Children lyuing in this Province of Maryland, Begott of his louing & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will'm Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29 March 1663.
Willm Bretton.
Jurat, ide uerbatim-Luke Gardnor.
Jurat ide uerbatim-Willm Turpine.
Oës Jurati Corã Charles Calvert.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1635 (Earliest probated) To 1685 Volume I; Family Line Publications Westminster, Maryland 1988, p. 25
Cole, Robert, St Clement's Bay, St Mary's Co., 2nd Apr., 1662; 8th Sept., 1663.
To 3 sons, viz., Robert, William and Edward, land.
" son-in-law Francis Knott, land.
" daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs.
Exs.: Col. Wm. Evans of St Clement's Bay, Capt. Luke Gardner, St Clement's Bay, and cous. Henry Hankes of London.
Test: Thos. Brook, Jas. Thomson, Clarke (priest), Edward Clarke. 1. 182.
Date: Sat, 8 Aug 2009 07:35:09 -0500
From: rubyslippers
To: mdstmary@rootsweb.com
Subject: [MDSTMARY] Robert Cole will - John Hilton and a Sibel
On the Rootsweb site for Charles County MD Families is listed the following:
Apr. 1662 - The St. Mary's County, Md. will of Robert Cole of St. Clement's Bay, probated Sep. 1663, leaves (among other bequests):
--my 3 sons to have rights for transporting John Elton, Sibel Johnson and Isabella Joanes.
Source: Maryland Prerogative Court, Testamentary Proceedings, Liber 1D, p. 120.
In the book "Robert Cole's world" By Lois Green Carr, Russell R. Menard, Lorena Seebach Walsh, Institute of Early American History and Culture (Williamsburg, Va.) Item #11 in Robert Cole's will lists the above as Sibelo Jackson.
Anyone have any additional information?
Thanks, Sharon
Robert Cole Will - 2 April 1662, Liber No. 5, 183-186
In the Name of God Amen the Second Day of Aprill in the year of our Lord 1662, I Robert Cole of St Clements Bay in the Province of Maryland Yoaman being in good health and perfect memory Praise be given to God - for the same and being desirous to settle things do make this my last Will and Testament in manner and forme following. That is to say, first and principally I commend my Soul to All mighty God my Creator and my body to the Earth from whence it was taken and touching such worldly Estate as the Lord in mercy hath lent ..........mraining is the same shall be employed and Witnessed as .......er, by this my will expressed and first I do revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testatment after my Death Certainly known
Ittem I give and bequeath to my honoured friend Mr. Francis Fitzherbert or his successors the best......of Tobacco of my Crop and the best Steer of my Stock that ....oye a Roman Catholick and de.....e the holy Church
I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attain the age of eighteen years but in case he should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in case Ann Harinton be dead before Francis comes to that age and have no issue that thou my children shall have the whole gift Equally amongst them.
3 Ittem I give and bequeath unto my son Robt Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Estate to be equally shared amongst them as Each of them to the age of Eighteen years that is to say when my son Robert come to that age he shall the fifthe part of my Cattell take from the rest and known to be his and so forth till the two(?) youngest come to ye same age said
4 Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, ....anken, ...dengg and one pair of my best sheets and my spice mortars and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron
5 Ittem I give and bequeath Elizabeth Cole my best Slak(?) bed and Bolster Greenegg one Blankitt one pair of Sheetts one Iron Pott Six napkins and Diaper table Cloath and one smoothing Iron.
6 Ittem I give and bequeath unto my son Robert Cole to him and his heirs forEver My Plantation I now live on and all the land and Houses belonging to it with the Orchard he the said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the space of seven years [to the] aforesaid
7 Ittem my will is that the aforesaid Children have such Education in Learning [to] write and read and castauompt(?) I mean my three sonns and my two daughters to learn to read and sew with their needles and all of them to be kept from idleness but not to be kept as Comon Servants and that the learning so bestowed upon my children be out of my whole Estate before they do unto the age aforesaid and after such learning so bestowed that such care be taken of my children that they may not forgett their learning before they do come of age as aforesaid
8 Ittem my will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free such or so many others may be put in their roomes to serve my Children Jointly
9 Ittem my Will is that my Executors hereafter named have such Power by the present writing of this my will as to sell or possess any part of my Estate for the good of my Children in Generall
And my will is that my Stock of Cattell never exceed the number of fifty.....whole year together but they may be sold Either.....ahoe.......ead for the use of my Children as aforesaid ......not ........as to Scant(?) Either my Children or servants of necessary and ..provision for their health and strength
10 Ittem I give and bequeath to my son in Law Francis Knott the rights to 50 acres of Land as they do stand upon the record Whereas I had a Warrent to Survey four hundred acres and did survey but 350, the which survey I did assign to John Wheeler
11 Ittem I give and bequeath unto my three Sons, Robert, William and Edward Cole the Rights to 600 acres of Land Equally amongst them where of I have a warrante of 450 acres amongst my papers said .........Joanes for their transportations.
12 Ittem I give and bequeath ....ll the estate whatsoever be it land houses or money that doth anyways belong unto me in England or of right should belong to me unto my Children in Generall After the Death of my mother Mrs. Jene (Jane?) Cole of Heston in the County of Middlesex but in case my mother should be incapasitated and impoverished then my will is that my mother have sent to her a Competent yearly any every year e reap ....ble sustenance out of my Estate during her naturall life, my will is also that is any of my children dothe dye before the age aforesaid or under the age of twenty one years without issue that then such a part that did belong to such on one shall be equally divided amongst them that are living. My will is also that if any of my children dye without issue that then it shall not be in their .....to give to any other then their Brothers or Sisters more than one fourth part of such Goods or Chattels given by me to them as they shall be possessed of the Day of their Death
13 Ittem I will all the rest of my Estate hogs beding pewter potts K.....nes tubbs pewter trays bathes (?) Ruggs rundletts tables ......s Stools Linnen and Wooden Pottry and all other goods that belong to me or may................belong to me unto my 3 Sons Robert William and Edward Together with my Gunns p...........tur iseronig(?) onely ..................... and a barrow tees(?)............................my son in Law Francis Knott if he doth live to ye age of ................should dye before it age [th]en all to my three sons aforesaid to these that .......................that are......
14 Ittem my will is and I do .........................constitute and appointing my loving friends Christopher Evans and Captn Luke Gardner both of St Clements Bay and my loving Cousin Mr. Henry Hankes of Follbourne in the City of London to be my Executors or overseers or anyone of them in this country and [in] England a ................................. to Execute this my Last will giving them power and authority over all my children a[nd] [the]ir Estates if the[y] do attain the age of Twenty and [one] years as also power over all the promises aforesaid, as also power [of] authority to make and appoint one or more overseers after their Death fulfilling of this my will giving to them all a strict charge that my Children be brought taught in the Roman Catholick Religion as they shall the contrary at the [d]readfull Day of Judgmt. In testimony that is my Last Will and testament I do herewith sett my hand & Seall the Day and Year above Written with five enterlines which be these Brothers, my [will], Wright or Sisters Robert Cole
Witnessed by ..................Signed and Sealed [before] us
Justice............ram
Thomas Brooks
James Thornton(?) Clarke (NJL note: James Thompson, Clerke)
Edward Clarke
The power that is given to my Exectrs is jointly after the death of anyone of them throw my will is that the other may act by himself or chose one to him to assist him if the departed has not appointed one in his steed before his death but my Cusson Hankes is to act in England by himself
Witness my hand
Robert Cole
My son Robert Cole was born 15th Oct 1652
My daughter Mary Cole was born the 26th Janry 1653
My son Wm Cole was born the 23 June 1655
My son Edwd Cole was born 9th Novr 1657
My daughter Elizabeth born 2d March 1659
Francis Knott three years older than my Son Robert Cole is as witness my hand the 25th of Aprill
My Meaning is that my Children shall receive their portions at 18 years o.................t....................... have a...he posses[ion]..................... they be 21 years of age un[less] my daughter be maryed to [a Roman] Catholick then at 18 years Robert [Cole]
Sep[tember] 8th [1662]
Ja[mes Thornton? Clarke] Saith upon oath that being at Nowton Robert Cole ................ in to sett his ........... to this Paper telling him with ................ that it was his Will Cle.................Said Cole being then bound for England, and it was sidned and sealed in this Deponents presence by the said Robert Cole and ..... knowth of no other will that Ever Robert Cole made
J.....Thompson(?)
Sworn before me Wm Bretten
Sept..................1663 Thomas Brooks.......Saith upon oath that he signed this Will as Witness and that it was Robt Coles act and Deed and that he Knoweth of no other will made by the said Robert Cole
Thomas Brooke
Sworn before me Henry ................well Secry.
Archives of Maryland, Volume 57, Provincial Court Proceedings, 1667. Page 206 Liber FF, [p.498] at the June, 1667, court.
Capt Luke Gardner delivers in to Court an Accot of the Estate belonging to the Orphants of Mr Robert Cole deed as followeth Since Augt One thousand six hundred sixty five
Dr (Debit) lbs
Resting to ballance since the last Delivering in 00878
To shooes 01604
To Phisick 00110
To woollen Cloathes oi866
To Sugar 00116
To linnen 01793
Isabell Jones for part of her freedome cloathes 00250
[p.499] To women Servants wages 01750
To Carpenters worke 01150
To thread 00248
To Caske 00919
To Soape 00123
To Church Leavies 00250
To the Country Leavies 00544
To the Childrens Schooling 02150
To Taylors worke 00577
To 2 barrells of Corne 00220
To a barrell of Macharell 00200
To Iron worke 00167
To 13 Deer skins 00390
To the Recording Mr Coles Estate 00048
To a hatt, hood pinnes and Sissors 00089
To Powder and shott 00044
To stockings 00394
15340
Per me Luke Gardner
P Contra Cr (Credit) lbs
To 6 hides sould W Woodberry 00540
To meate sould W Warren 00836
To a Gunn Stocke Broke in the march ooo6o
To 61 lb of hide 00122
To the building of the Church 00532
To the Cropp in the yeare 07280
To meate sold Mr Foxhall 01036
66 To 3 hides qt 57 lb 00114
Reed for building the Church 00057
The Cropp made this yeare 03854
14431
Rest due to ballance 909
15340
Per me Luke Gardner
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675. Page 457 Liber P.C., [p.74]
Die Martij 30 Martij 1673 P. 74: Whereas Luke Gardner the Sole Surviving Executor of Robert Cole late of St Clements Bay in the County of St Maries deceased at the request of Robert Cole Son and heire of the Said deceased and Ignatius Warren who mary the daughter of the said deceased was cited to this Court to render an accompt of his Executorshipp Whereupon the Said Luke the 17th of October 1673 appeared and in presence of the Said Cole and Warren delivered in his accompt of and concerning the execution of the Said Estate last will and Testament in writing Signed with his hand of wch accompt the said Robert Cole the heire and the Said Ignatius Warren prayed copies and time till the tenth of November then next Following to make their Exceptions the Said accompt which was then accordingly granted Att which Said tenth of November appeared as well the Said Luke Gardner the Executr as the Said Robert Cole and Ignatius Warren and the said Robert Cole the heire to the deceased delivered in his exceptions in writeing to the acct of the Said Executor vizt in thirteen articles in particular to which the Executor mmediately made answers which were taken in writeing by the Judge or Commissary Genll for testamentary causes which being read & Considered off by the Said Robert Cole and nothing Further objected in particular materiall to hinder the passeing the Said accompt The Said judge would further advise himselfe upon the Said accompt in regard of the last Exception in Generall to the Said accompt made by the Said Robert namely the executrs accompt (of which he prayes allowance) being so imperfect in many the particulars there being no expresse time of the Delivery or to whom or for what accompt whereby it is impossible for the said Robert to make his just exceptions to severall particulars Therefore recomends the said Acc.t to the judgment of the judge in Testamentary business to rectifie the same as to his Honr seems meet and agreeable to Equity And there-fore the said judge did take into his hands the acc° of the said Luke and after mature consideration thereof and the exceptions to the same made caused the same to be rectified in many particulars not mentioned in the exceptions of the said Robert and upon the 14th of February 1673 called the said Executor To make Oath to the particulars of his Own accompt that stood allowed by the said judge, which the said Executor not being able to doe in comon forme but only in the Speciall Manner as at the foot of the acco as annexed The said judge declared that in regard the said Luke Gardner never tooke Out Letters Testamentary upon probate of the Will of the said Robert Cole deceased never tooke the Oath of Executor to make a true accompt nor never made Inventory or appraisement of the Goods Chattells rights and creditts of the said deceased, nor hath Kept Such an accompt of his administracon of the goods Chattells rights and Creditts of the said Robert deceased as he does absolutely sweare to as an executor Ought to doe The said Luke hath lost all benefitt or advantage of an Executor and is punishable at the discretion of the judge here. But forasmuch as it appeares he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England and raised a Stock of horses for the Orphants where the Testator left none The said judge doth Order That the Orphants of Robert Cole deceased shall receive the household goods in the Condition they are in the Cattle and hoggs as they are shared to them and the horses to be divided amongst them after the said Luke Gardner hath chosen One mare [p. 75] and foale by her side which the judge Testamentary doth hereby Order him as the Only reward of his paines and care taken in manageing the said Estate And doth further Order him to deteine Out of the Cropp of tobacco now made the ballance of the accompt as it stands rectified and allowed by the said judge vizt eleven hundred eighty three pounds of tobacco together with two thousand five hundred fifty three pounds of tobacco for itinerant charges in twelve years time expended by the said Executor Which being read & heard it is this day to wit the thirteenth day of October in the 43th yeare of his Lopps Dominion &c Annoq Dom. 1674 considered by the Court here that execution be granted according to the abovesaid Order.
Note: Lineage dates to King Harold of Denmark in 935 and to King Harold of ENG 1022. MD immigrant circa 1652. 1st wife: Elizabeth Slye ? Land owner 1100 acres. Planter. Also known as Ensign Robert Cole. 2nd wife: Rebecca Knott, a widow. Will written 2 April 1662, proven 8 Dec 1663. Died at sea while on a trip to England.
WILL: Cole, Robert, St. Clement's Bay,St. Mary's Co.,2nd Apr., 1662; 8th Sept., 1663. To 3 sons, viz., Robert, William and Edward, land. To son-in-law Francis Knott, land. To daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs. Exs.: Col. Wm. Evans of St. Clement's Bay, Capt. Luke Gardner, St. Clement's Bay, and cous. Henry Hankes of London. Test: Thos. Brook, Jas. Thomson Clarke, Edward Clarke. 1. 182.
(Source: Maryland Calendar of Wills, Vol. 1)
-- MERGED NOTE ------------
Notes:
Archives of Maryland, Volume 41, Provincial Court Proceedings, 1661. Page 565 Liber P. C. R., [p.1080] May 1661.
The Deposicon of Robert Cole aged thirty foure yeares or there abouts being Sworne and Examined ...Jurat coram me Luke Gardner.
Capt Nicholas Gwyther Sayth uppon oath, tht the last yeare comming to New Towne, att the request of Capt Cornewaleys understanding tht Richard Sheppey lyved att Robt Coles (his kinsman by marriage)...(Arch. of MD, Vol. 41, p. 242)
The proceedings in 1673 concerning the executorship of Luke Gardner contains the words "he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England". Robert Cole died during a trip to England in 1662.
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffive Children lyving in this Province of Maryland, Begott of his loving & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will. Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29th March 1663. Willm Bretton. Jurat, ide verbatim Luke Gardnor. Jurat ide verbatim Willm Turpine. Oës Jurati Corã Charles Calvert. (Arch. Of MD, v. 49, p.3).
Maryland Genealogical Society Bulletin; Winter 1995 Vol 36 No 1; References to Sons and Daughters in the Provincial Court Records 1637-1683 R Edward Wright
Cole, Robert. Children of Ensign Robert Cole and his wife Rebecca, both dec'd.: Robert Cole, eldest son; Mary Cole, eldest dau; William Maria Cole his 2nd son; Edward Cole his 3rd son; Elizabeth Cole his youngest dau. 29 Mar 1663. (Arch. Of MD, v. 49, Provincial Court Proceedings, 1663. p.3; Liber B B, [p.3]). March 29 1663
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffiue Children lyuing in this Province of Maryland, Begott of his louing & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will'm Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29 March 1663.
Willm Bretton.
Jurat, ide uerbatim-Luke Gardnor.
Jurat ide uerbatim-Willm Turpine.
Oës Jurati Corã Charles Calvert.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1635 (Earliest probated) To 1685 Volume I; Family Line Publications Westminster, Maryland 1988, p. 25
Cole, Robert, St Clement's Bay, St Mary's Co., 2nd Apr., 1662; 8th Sept., 1663.
To 3 sons, viz., Robert, William and Edward, land.
" son-in-law Francis Knott, land.
" daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs.
Exs.: Col. Wm. Evans of St Clement's Bay, Capt. Luke Gardner, St Clement's Bay, and cous. Henry Hankes of London.
Test: Thos. Brook, Jas. Thomson, Clarke (priest), Edward Clarke. 1. 182.
Date: Sat, 8 Aug 2009 07:35:09 -0500
From: rubyslippers
To: mdstmary@rootsweb.com
Subject: [MDSTMARY] Robert Cole will - John Hilton and a Sibel
On the Rootsweb site for Charles County MD Families is listed the following:
Apr. 1662 - The St. Mary's County, Md. will of Robert Cole of St. Clement's Bay, probated Sep. 1663, leaves (among other bequests):
--my 3 sons to have rights for transporting John Elton, Sibel Johnson and Isabella Joanes.
Source: Maryland Prerogative Court, Testamentary Proceedings, Liber 1D, p. 120.
In the book "Robert Cole's world" By Lois Green Carr, Russell R. Menard, Lorena Seebach Walsh, Institute of Early American History and Culture (Williamsburg, Va.) Item #11 in Robert Cole's will lists the above as Sibelo Jackson.
Anyone have any additional information?
Thanks, Sharon
Robert Cole Will - 2 April 1662, Liber No. 5, 183-186
In the Name of God Amen the Second Day of Aprill in the year of our Lord 1662, I Robert Cole of St Clements Bay in the Province of Maryland Yoaman being in good health and perfect memory Praise be given to God - for the same and being desirous to settle things do make this my last Will and Testament in manner and forme following. That is to say, first and principally I commend my Soul to All mighty God my Creator and my body to the Earth from whence it was taken and touching such worldly Estate as the Lord in mercy hath lent ..........mraining is the same shall be employed and Witnessed as .......er, by this my will expressed and first I do revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testatment after my Death Certainly known
Ittem I give and bequeath to my honoured friend Mr. Francis Fitzherbert or his successors the best......of Tobacco of my Crop and the best Steer of my Stock that ....oye a Roman Catholick and de.....e the holy Church
I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attain the age of eighteen years but in case he should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in case Ann Harinton be dead before Francis comes to that age and have no issue that thou my children shall have the whole gift Equally amongst them.
3 Ittem I give and bequeath unto my son Robt Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Estate to be equally shared amongst them as Each of them to the age of Eighteen years that is to say when my son Robert come to that age he shall the fifthe part of my Cattell take from the rest and known to be his and so forth till the two(?) youngest come to ye same age said
4 Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, ....anken, ...dengg and one pair of my best sheets and my spice mortars and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron
5 Ittem I give and bequeath Elizabeth Cole my best Slak(?) bed and Bolster Greenegg one Blankitt one pair of Sheetts one Iron Pott Six napkins and Diaper table Cloath and one smoothing Iron.
6 Ittem I give and bequeath unto my son Robert Cole to him and his heirs forEver My Plantation I now live on and all the land and Houses belonging to it with the Orchard he the said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the space of seven years [to the] aforesaid
7 Ittem my will is that the aforesaid Children have such Education in Learning [to] write and read and castauompt(?) I mean my three sonns and my two daughters to learn to read and sew with their needles and all of them to be kept from idleness but not to be kept as Comon Servants and that the learning so bestowed upon my children be out of my whole Estate before they do unto the age aforesaid and after such learning so bestowed that such care be taken of my children that they may not forgett their learning before they do come of age as aforesaid
8 Ittem my will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free such or so many others may be put in their roomes to serve my Children Jointly
9 Ittem my Will is that my Executors hereafter named have such Power by the present writing of this my will as to sell or possess any part of my Estate for the good of my Children in Generall
And my will is that my Stock of Cattell never exceed the number of fifty.....whole year together but they may be sold Either.....ahoe.......ead for the use of my Children as aforesaid ......not ........as to Scant(?) Either my Children or servants of necessary and ..provision for their health and strength
10 Ittem I give and bequeath to my son in Law Francis Knott the rights to 50 acres of Land as they do stand upon the record Whereas I had a Warrent to Survey four hundred acres and did survey but 350, the which survey I did assign to John Wheeler
11 Ittem I give and bequeath unto my three Sons, Robert, William and Edward Cole the Rights to 600 acres of Land Equally amongst them where of I have a warrante of 450 acres amongst my papers said .........Joanes for their transportations.
12 Ittem I give and bequeath ....ll the estate whatsoever be it land houses or money that doth anyways belong unto me in England or of right should belong to me unto my Children in Generall After the Death of my mother Mrs. Jene (Jane?) Cole of Heston in the County of Middlesex but in case my mother should be incapasitated and impoverished then my will is that my mother have sent to her a Competent yearly any every year e reap ....ble sustenance out of my Estate during her naturall life, my will is also that is any of my children dothe dye before the age aforesaid or under the age of twenty one years without issue that then such a part that did belong to such on one shall be equally divided amongst them that are living. My will is also that if any of my children dye without issue that then it shall not be in their .....to give to any other then their Brothers or Sisters more than one fourth part of such Goods or Chattels given by me to them as they shall be possessed of the Day of their Death
13 Ittem I will all the rest of my Estate hogs beding pewter potts K.....nes tubbs pewter trays bathes (?) Ruggs rundletts tables ......s Stools Linnen and Wooden Pottry and all other goods that belong to me or may................belong to me unto my 3 Sons Robert William and Edward Together with my Gunns p...........tur iseronig(?) onely ..................... and a barrow tees(?)............................my son in Law Francis Knott if he doth live to ye age of ................should dye before it age [th]en all to my three sons aforesaid to these that .......................that are......
14 Ittem my will is and I do .........................constitute and appointing my loving friends Christopher Evans and Captn Luke Gardner both of St Clements Bay and my loving Cousin Mr. Henry Hankes of Follbourne in the City of London to be my Executors or overseers or anyone of them in this country and [in] England a ................................. to Execute this my Last will giving them power and authority over all my children a[nd] [the]ir Estates if the[y] do attain the age of Twenty and [one] years as also power over all the promises aforesaid, as also power [of] authority to make and appoint one or more overseers after their Death fulfilling of this my will giving to them all a strict charge that my Children be brought taught in the Roman Catholick Religion as they shall the contrary at the [d]readfull Day of Judgmt. In testimony that is my Last Will and testament I do herewith sett my hand & Seall the Day and Year above Written with five enterlines which be these Brothers, my [will], Wright or Sisters Robert Cole
Witnessed by ..................Signed and Sealed [before] us
Justice............ram
Thomas Brooks
James Thornton(?) Clarke (NJL note: James Thompson, Clerke)
Edward Clarke
The power that is given to my Exectrs is jointly after the death of anyone of them throw my will is that the other may act by himself or chose one to him to assist him if the departed has not appointed one in his steed before his death but my Cusson Hankes is to act in England by himself
Witness my hand
Robert Cole
My son Robert Cole was born 15th Oct 1652
My daughter Mary Cole was born the 26th Janry 1653
My son Wm Cole was born the 23 June 1655
My son Edwd Cole was born 9th Novr 1657
My daughter Elizabeth born 2d March 1659
Francis Knott three years older than my Son Robert Cole is as witness my hand the 25th of Aprill
My Meaning is that my Children shall receive their portions at 18 years o.................t....................... have a...he posses[ion]..................... they be 21 years of age un[less] my daughter be maryed to [a Roman] Catholick then at 18 years Robert [Cole]
Sep[tember] 8th [1662]
Ja[mes Thornton? Clarke] Saith upon oath that being at Nowton Robert Cole ................ in to sett his ........... to this Paper telling him with ................ that it was his Will Cle.................Said Cole being then bound for England, and it was sidned and sealed in this Deponents presence by the said Robert Cole and ..... knowth of no other will that Ever Robert Cole made
J.....Thompson(?)
Sworn before me Wm Bretten
Sept..................1663 Thomas Brooks.......Saith upon oath that he signed this Will as Witness and that it was Robt Coles act and Deed and that he Knoweth of no other will made by the said Robert Cole
Thomas Brooke
Sworn before me Henry ................well Secry.
Archives of Maryland, Volume 57, Provincial Court Proceedings, 1667. Page 206 Liber FF, [p.498] at the June, 1667, court.
Capt Luke Gardner delivers in to Court an Accot of the Estate belonging to the Orphants of Mr Robert Cole deed as followeth Since Augt One thousand six hundred sixty five
Dr (Debit) lbs
Resting to ballance since the last Delivering in 00878
To shooes 01604
To Phisick 00110
To woollen Cloathes oi866
To Sugar 00116
To linnen 01793
Isabell Jones for part of her freedome cloathes 00250
[p.499] To women Servants wages 01750
To Carpenters worke 01150
To thread 00248
To Caske 00919
To Soape 00123
To Church Leavies 00250
To the Country Leavies 00544
To the Childrens Schooling 02150
To Taylors worke 00577
To 2 barrells of Corne 00220
To a barrell of Macharell 00200
To Iron worke 00167
To 13 Deer skins 00390
To the Recording Mr Coles Estate 00048
To a hatt, hood pinnes and Sissors 00089
To Powder and shott 00044
To stockings 00394
15340
Per me Luke Gardner
P Contra Cr (Credit) lbs
To 6 hides sould W Woodberry 00540
To meate sould W Warren 00836
To a Gunn Stocke Broke in the march ooo6o
To 61 lb of hide 00122
To the building of the Church 00532
To the Cropp in the yeare 07280
To meate sold Mr Foxhall 01036
66 To 3 hides qt 57 lb 00114
Reed for building the Church 00057
The Cropp made this yeare 03854
14431
Rest due to ballance 909
15340
Per me Luke Gardner
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675. Page 457 Liber P.C., [p.74]
Die Martij 30 Martij 1673 P. 74: Whereas Luke Gardner the Sole Surviving Executor of Robert Cole late of St Clements Bay in the County of St Maries deceased at the request of Robert Cole Son and heire of the Said deceased and Ignatius Warren who mary the daughter of the said deceased was cited to this Court to render an accompt of his Executorshipp Whereupon the Said Luke the 17th of October 1673 appeared and in presence of the Said Cole and Warren delivered in his accompt of and concerning the execution of the Said Estate last will and Testament in writing Signed with his hand of wch accompt the said Robert Cole the heire and the Said Ignatius Warren prayed copies and time till the tenth of November then next Following to make their Exceptions the Said accompt which was then accordingly granted Att which Said tenth of November appeared as well the Said Luke Gardner the Executr as the Said Robert Cole and Ignatius Warren and the said Robert Cole the heire to the deceased delivered in his exceptions in writeing to the acct of the Said Executor vizt in thirteen articles in particular to which the Executor mmediately made answers which were taken in writeing by the Judge or Commissary Genll for testamentary causes which being read & Considered off by the Said Robert Cole and nothing Further objected in particular materiall to hinder the passeing the Said accompt The Said judge would further advise himselfe upon the Said accompt in regard of the last Exception in Generall to the Said accompt made by the Said Robert namely the executrs accompt (of which he prayes allowance) being so imperfect in many the particulars there being no expresse time of the Delivery or to whom or for what accompt whereby it is impossible for the said Robert to make his just exceptions to severall particulars Therefore recomends the said Acc.t to the judgment of the judge in Testamentary business to rectifie the same as to his Honr seems meet and agreeable to Equity And there-fore the said judge did take into his hands the acc° of the said Luke and after mature consideration thereof and the exceptions to the same made caused the same to be rectified in many particulars not mentioned in the exceptions of the said Robert and upon the 14th of February 1673 called the said Executor To make Oath to the particulars of his Own accompt that stood allowed by the said judge, which the said Executor not being able to doe in comon forme but only in the Speciall Manner as at the foot of the acco as annexed The said judge declared that in regard the said Luke Gardner never tooke Out Letters Testamentary upon probate of the Will of the said Robert Cole deceased never tooke the Oath of Executor to make a true accompt nor never made Inventory or appraisement of the Goods Chattells rights and creditts of the said deceased, nor hath Kept Such an accompt of his administracon of the goods Chattells rights and Creditts of the said Robert deceased as he does absolutely sweare to as an executor Ought to doe The said Luke hath lost all benefitt or advantage of an Executor and is punishable at the discretion of the judge here. But forasmuch as it appeares he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England and raised a Stock of horses for the Orphants where the Testator left none The said judge doth Order That the Orphants of Robert Cole deceased shall receive the household goods in the Condition they are in the Cattle and hoggs as they are shared to them and the horses to be divided amongst them after the said Luke Gardner hath chosen One mare [p. 75] and foale by her side which the judge Testamentary doth hereby Order him as the Only reward of his paines and care taken in manageing the said Estate And doth further Order him to deteine Out of the Cropp of tobacco now made the ballance of the accompt as it stands rectified and allowed by the said judge vizt eleven hundred eighty three pounds of tobacco together with two thousand five hundred fifty three pounds of tobacco for itinerant charges in twelve years time expended by the said Executor Which being read & heard it is this day to wit the thirteenth day of October in the 43th yeare of his Lopps Dominion &c Annoq Dom. 1674 considered by the Court here that execution be granted according to the abovesaid Order.
-- MERGED NOTE ------------
Notes:
Archives of Maryland, Volume 41, Provincial Court Proceedings, 1661. Page 565 Liber P. C. R., [p.1080] May 1661.
The Deposicon of Robert Cole aged thirty foure yeares or there abouts being Sworne and Examined ...Jurat coram me Luke Gardner.
Capt Nicholas Gwyther Sayth uppon oath, tht the last yeare comming to New Towne, att the request of Capt Cornewaleys understanding tht Richard Sheppey lyved att Robt Coles (his kinsman by marriage)...(Arch. of MD, Vol. 41, p. 242)
The proceedings in 1673 concerning the executorship of Luke Gardner contains the words "he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England". Robert Cole died during a trip to England in 1662.
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffive Children lyving in this Province of Maryland, Begott of his loving & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will. Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29th March 1663. Willm Bretton. Jurat, ide verbatim Luke Gardnor. Jurat ide verbatim Willm Turpine. Oës Jurati Corã Charles Calvert. (Arch. Of MD, v. 49, p.3).
Maryland Genealogical Society Bulletin; Winter 1995 Vol 36 No 1; References to Sons and Daughters in the Provincial Court Records 1637-1683 R Edward Wright
Cole, Robert. Children of Ensign Robert Cole and his wife Rebecca, both dec'd.: Robert Cole, eldest son; Mary Cole, eldest dau; William Maria Cole his 2nd son; Edward Cole his 3rd son; Elizabeth Cole his youngest dau. 29 Mar 1663. (Arch. Of MD, v. 49, Provincial Court Proceedings, 1663. p.3; Liber B B, [p.3]). March 29 1663
Willm Bretton Deposed sayth That Ensigne Robt Cole late of this Province Deceased hath now ffiue Children lyuing in this Province of Maryland, Begott of his louing & naturall wife Rebecca Cole allso deceased, (Viz) Robert Cole his eldest sonne, Mary Cole, his eldest Daughter, Will'm Maria Cole his second sonne, Edward Cole his third sonne, & Elizabeth Cole his youngest Daughter. All these are reputed & acknowledged the Children of Ensigne Robt Cole late Deceased as aforesd The Willm Bretton thereuppon having made oath & subscribed his hand this 29 March 1663.
Willm Bretton.
Jurat, ide uerbatim-Luke Gardnor.
Jurat ide uerbatim-Willm Turpine.
Oës Jurati Corã Charles Calvert.
The Maryland Calendar Of Wills Compiled And Edited by Jane Baldwin (Jane Baldwin Cotton) Wills From 1635 (Earliest probated) To 1685 Volume I; Family Line Publications Westminster, Maryland 1988, p. 25
Cole, Robert, St Clement's Bay, St Mary's Co., 2nd Apr., 1662; 8th Sept., 1663.
To 3 sons, viz., Robert, William and Edward, land.
" son-in-law Francis Knott, land.
" daus. Mary and Eliza:, sister Anne Harinton, mother, Mrs. Jane Cole of Middlesex Co., Eng., and the Roman Catholic Church, personalty; child. to be of age at 18 yrs.
Exs.: Col. Wm. Evans of St Clement's Bay, Capt. Luke Gardner, St Clement's Bay, and cous. Henry Hankes of London.
Test: Thos. Brook, Jas. Thomson, Clarke (priest), Edward Clarke. 1. 182.
Date: Sat, 8 Aug 2009 07:35:09 -0500
From: rubyslippers
To: mdstmary@rootsweb.com
Subject: [MDSTMARY] Robert Cole will - John Hilton and a Sibel
On the Rootsweb site for Charles County MD Families is listed the following:
Apr. 1662 - The St. Mary's County, Md. will of Robert Cole of St. Clement's Bay, probated Sep. 1663, leaves (among other bequests):
--my 3 sons to have rights for transporting John Elton, Sibel Johnson and Isabella Joanes.
Source: Maryland Prerogative Court, Testamentary Proceedings, Liber 1D, p. 120.
In the book "Robert Cole's world" By Lois Green Carr, Russell R. Menard, Lorena Seebach Walsh, Institute of Early American History and Culture (Williamsburg, Va.) Item #11 in Robert Cole's will lists the above as Sibelo Jackson.
Anyone have any additional information?
Thanks, Sharon
Robert Cole Will - 2 April 1662, Liber No. 5, 183-186
In the Name of God Amen the Second Day of Aprill in the year of our Lord 1662, I Robert Cole of St Clements Bay in the Province of Maryland Yoaman being in good health and perfect memory Praise be given to God - for the same and being desirous to settle things do make this my last Will and Testament in manner and forme following. That is to say, first and principally I commend my Soul to All mighty God my Creator and my body to the Earth from whence it was taken and touching such worldly Estate as the Lord in mercy hath lent ..........mraining is the same shall be employed and Witnessed as .......er, by this my will expressed and first I do revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testatment after my Death Certainly known
Ittem I give and bequeath to my honoured friend Mr. Francis Fitzherbert or his successors the best......of Tobacco of my Crop and the best Steer of my Stock that ....oye a Roman Catholick and de.....e the holy Church
I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attain the age of eighteen years but in case he should dye before that time then my will is that his sister Ann Harinton shall have one half of the Eighth part and my own Children the other half but in case Ann Harinton be dead before Francis comes to that age and have no issue that thou my children shall have the whole gift Equally amongst them.
3 Ittem I give and bequeath unto my son Robt Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Estate to be equally shared amongst them as Each of them to the age of Eighteen years that is to say when my son Robert come to that age he shall the fifthe part of my Cattell take from the rest and known to be his and so forth till the two(?) youngest come to ye same age said
4 Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, ....anken, ...dengg and one pair of my best sheets and my spice mortars and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron
5 Ittem I give and bequeath Elizabeth Cole my best Slak(?) bed and Bolster Greenegg one Blankitt one pair of Sheetts one Iron Pott Six napkins and Diaper table Cloath and one smoothing Iron.
6 Ittem I give and bequeath unto my son Robert Cole to him and his heirs forEver My Plantation I now live on and all the land and Houses belonging to it with the Orchard he the said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the space of seven years [to the] aforesaid
7 Ittem my will is that the aforesaid Children have such Education in Learning [to] write and read and castauompt(?) I mean my three sonns and my two daughters to learn to read and sew with their needles and all of them to be kept from idleness but not to be kept as Comon Servants and that the learning so bestowed upon my children be out of my whole Estate before they do unto the age aforesaid and after such learning so bestowed that such care be taken of my children that they may not forgett their learning before they do come of age as aforesaid
8 Ittem my will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free such or so many others may be put in their roomes to serve my Children Jointly
9 Ittem my Will is that my Executors hereafter named have such Power by the present writing of this my will as to sell or possess any part of my Estate for the good of my Children in Generall
And my will is that my Stock of Cattell never exceed the number of fifty.....whole year together but they may be sold Either.....ahoe.......ead for the use of my Children as aforesaid ......not ........as to Scant(?) Either my Children or servants of necessary and ..provision for their health and strength
10 Ittem I give and bequeath to my son in Law Francis Knott the rights to 50 acres of Land as they do stand upon the record Whereas I had a Warrent to Survey four hundred acres and did survey but 350, the which survey I did assign to John Wheeler
11 Ittem I give and bequeath unto my three Sons, Robert, William and Edward Cole the Rights to 600 acres of Land Equally amongst them where of I have a warrante of 450 acres amongst my papers said .........Joanes for their transportations.
12 Ittem I give and bequeath ....ll the estate whatsoever be it land houses or money that doth anyways belong unto me in England or of right should belong to me unto my Children in Generall After the Death of my mother Mrs. Jene (Jane?) Cole of Heston in the County of Middlesex but in case my mother should be incapasitated and impoverished then my will is that my mother have sent to her a Competent yearly any every year e reap ....ble sustenance out of my Estate during her naturall life, my will is also that is any of my children dothe dye before the age aforesaid or under the age of twenty one years without issue that then such a part that did belong to such on one shall be equally divided amongst them that are living. My will is also that if any of my children dye without issue that then it shall not be in their .....to give to any other then their Brothers or Sisters more than one fourth part of such Goods or Chattels given by me to them as they shall be possessed of the Day of their Death
13 Ittem I will all the rest of my Estate hogs beding pewter potts K.....nes tubbs pewter trays bathes (?) Ruggs rundletts tables ......s Stools Linnen and Wooden Pottry and all other goods that belong to me or may................belong to me unto my 3 Sons Robert William and Edward Together with my Gunns p...........tur iseronig(?) onely ..................... and a barrow tees(?)............................my son in Law Francis Knott if he doth live to ye age of ................should dye before it age [th]en all to my three sons aforesaid to these that .......................that are......
14 Ittem my will is and I do .........................constitute and appointing my loving friends Christopher Evans and Captn Luke Gardner both of St Clements Bay and my loving Cousin Mr. Henry Hankes of Follbourne in the City of London to be my Executors or overseers or anyone of them in this country and [in] England a ................................. to Execute this my Last will giving them power and authority over all my children a[nd] [the]ir Estates if the[y] do attain the age of Twenty and [one] years as also power over all the promises aforesaid, as also power [of] authority to make and appoint one or more overseers after their Death fulfilling of this my will giving to them all a strict charge that my Children be brought taught in the Roman Catholick Religion as they shall the contrary at the [d]readfull Day of Judgmt. In testimony that is my Last Will and testament I do herewith sett my hand & Seall the Day and Year above Written with five enterlines which be these Brothers, my [will], Wright or Sisters Robert Cole
Witnessed by ..................Signed and Sealed [before] us
Justice............ram
Thomas Brooks
James Thornton(?) Clarke (NJL note: James Thompson, Clerke)
Edward Clarke
The power that is given to my Exectrs is jointly after the death of anyone of them throw my will is that the other may act by himself or chose one to him to assist him if the departed has not appointed one in his steed before his death but my Cusson Hankes is to act in England by himself
Witness my hand
Robert Cole
My son Robert Cole was born 15th Oct 1652
My daughter Mary Cole was born the 26th Janry 1653
My son Wm Cole was born the 23 June 1655
My son Edwd Cole was born 9th Novr 1657
My daughter Elizabeth born 2d March 1659
Francis Knott three years older than my Son Robert Cole is as witness my hand the 25th of Aprill
My Meaning is that my Children shall receive their portions at 18 years o.................t....................... have a...he posses[ion]..................... they be 21 years of age un[less] my daughter be maryed to [a Roman] Catholick then at 18 years Robert [Cole]
Sep[tember] 8th [1662]
Ja[mes Thornton? Clarke] Saith upon oath that being at Nowton Robert Cole ................ in to sett his ........... to this Paper telling him with ................ that it was his Will Cle.................Said Cole being then bound for England, and it was sidned and sealed in this Deponents presence by the said Robert Cole and ..... knowth of no other will that Ever Robert Cole made
J.....Thompson(?)
Sworn before me Wm Bretten
Sept..................1663 Thomas Brooks.......Saith upon oath that he signed this Will as Witness and that it was Robt Coles act and Deed and that he Knoweth of no other will made by the said Robert Cole
Thomas Brooke
Sworn before me Henry ................well Secry.
Archives of Maryland, Volume 57, Provincial Court Proceedings, 1667. Page 206 Liber FF, [p.498] at the June, 1667, court.
Capt Luke Gardner delivers in to Court an Accot of the Estate belonging to the Orphants of Mr Robert Cole deed as followeth Since Augt One thousand six hundred sixty five
Dr (Debit) lbs
Resting to ballance since the last Delivering in 00878
To shooes 01604
To Phisick 00110
To woollen Cloathes oi866
To Sugar 00116
To linnen 01793
Isabell Jones for part of her freedome cloathes 00250
[p.499] To women Servants wages 01750
To Carpenters worke 01150
To thread 00248
To Caske 00919
To Soape 00123
To Church Leavies 00250
To the Country Leavies 00544
To the Childrens Schooling 02150
To Taylors worke 00577
To 2 barrells of Corne 00220
To a barrell of Macharell 00200
To Iron worke 00167
To 13 Deer skins 00390
To the Recording Mr Coles Estate 00048
To a hatt, hood pinnes and Sissors 00089
To Powder and shott 00044
To stockings 00394
15340
Per me Luke Gardner
P Contra Cr (Credit) lbs
To 6 hides sould W Woodberry 00540
To meate sould W Warren 00836
To a Gunn Stocke Broke in the march ooo6o
To 61 lb of hide 00122
To the building of the Church 00532
To the Cropp in the yeare 07280
To meate sold Mr Foxhall 01036
66 To 3 hides qt 57 lb 00114
Reed for building the Church 00057
The Cropp made this yeare 03854
14431
Rest due to ballance 909
15340
Per me Luke Gardner
Archives of Maryland, Volume 51, Chancery Court Proceedings, 1675. Page 457 Liber P.C., [p.74]
Die Martij 30 Martij 1673 P. 74: Whereas Luke Gardner the Sole Surviving Executor of Robert Cole late of St Clements Bay in the County of St Maries deceased at the request of Robert Cole Son and heire of the Said deceased and Ignatius Warren who mary the daughter of the said deceased was cited to this Court to render an accompt of his Executorshipp Whereupon the Said Luke the 17th of October 1673 appeared and in presence of the Said Cole and Warren delivered in his accompt of and concerning the execution of the Said Estate last will and Testament in writing Signed with his hand of wch accompt the said Robert Cole the heire and the Said Ignatius Warren prayed copies and time till the tenth of November then next Following to make their Exceptions the Said accompt which was then accordingly granted Att which Said tenth of November appeared as well the Said Luke Gardner the Executr as the Said Robert Cole and Ignatius Warren and the said Robert Cole the heire to the deceased delivered in his exceptions in writeing to the acct of the Said Executor vizt in thirteen articles in particular to which the Executor mmediately made answers which were taken in writeing by the Judge or Commissary Genll for testamentary causes which being read & Considered off by the Said Robert Cole and nothing Further objected in particular materiall to hinder the passeing the Said accompt The Said judge would further advise himselfe upon the Said accompt in regard of the last Exception in Generall to the Said accompt made by the Said Robert namely the executrs accompt (of which he prayes allowance) being so imperfect in many the particulars there being no expresse time of the Delivery or to whom or for what accompt whereby it is impossible for the said Robert to make his just exceptions to severall particulars Therefore recomends the said Acc.t to the judgment of the judge in Testamentary business to rectifie the same as to his Honr seems meet and agreeable to Equity And there-fore the said judge did take into his hands the acc° of the said Luke and after mature consideration thereof and the exceptions to the same made caused the same to be rectified in many particulars not mentioned in the exceptions of the said Robert and upon the 14th of February 1673 called the said Executor To make Oath to the particulars of his Own accompt that stood allowed by the said judge, which the said Executor not being able to doe in comon forme but only in the Speciall Manner as at the foot of the acco as annexed The said judge declared that in regard the said Luke Gardner never tooke Out Letters Testamentary upon probate of the Will of the said Robert Cole deceased never tooke the Oath of Executor to make a true accompt nor never made Inventory or appraisement of the Goods Chattells rights and creditts of the said deceased, nor hath Kept Such an accompt of his administracon of the goods Chattells rights and Creditts of the said Robert deceased as he does absolutely sweare to as an executor Ought to doe The said Luke hath lost all benefitt or advantage of an Executor and is punishable at the discretion of the judge here. But forasmuch as it appeares he hath improved the stock of Cattle and hoggs to a greater number then Robert Cole left at his departure for England and raised a Stock of horses for the Orphants where the Testator left none The said judge doth Order That the Orphants of Robert Cole deceased shall receive the household goods in the Condition they are in the Cattle and hoggs as they are shared to them and the horses to be divided amongst them after the said Luke Gardner hath chosen One mare [p. 75] and foale by her side which the judge Testamentary doth hereby Order him as the Only reward of his paines and care taken in manageing the said Estate And doth further Order him to deteine Out of the Cropp of tobacco now made the ballance of the accompt as it stands rectified and allowed by the said judge vizt eleven hundred eighty three pounds of tobacco together with two thousand five hundred fifty three pounds of tobacco for itinerant charges in twelve years time expended by the said Executor Which being read & heard it is this day to wit the thirteenth day of October in the 43th yeare of his Lopps Dominion &c Annoq Dom. 1674 considered by the Court here that execution be granted according to the abovesaid Order.
Events
| Birth | 1627 | Middlesex, England | |||
| Birth | 1628 | Middlesex, England | |||
| Marriage | Bef 1651 | St Olaves, Southwark, Surrey, England - Rebecca Gill | |||
| Death | 1663 | St. Mary's, Maryland | |||
| Death | Bef 8 Sep 1663 | Heston, Middlesex, England | |||
| Death | 8 Sep 1663 | St. Clement's Bay, St. Mary's County, Maryland |  | ||
| Alt name | Robert Cole , Ensign | ||||
| Religion | Catholic | ||||
| Death | St. Mary's, MD |
Families
| Spouse | Jane ( - ) |
| Child | Eleanore Cole (1650 - ) |
| Child | Robert Cole (1652 - 1693) |
| Child | Mary Cole (1653 - ) |
| Spouse | Rebecca Gill (1629 - 1663) |
| Child | Mary Cole (1653 - 1698) |
| Child | Edward Cole (1657 - 1717) |
| Child | William Cole (1655 - 1683) |
| Child | Elizabeth Cole (1659 - 1670) |
| Child | Robert Cole (1652 - 1695) |
| Father | Thomas Cole (1600 - 1660) |
| Mother | Jane Mainwaring (1605 - 1663) |
| Sibling | Anne Cole (1625 - ) |
Notes
Death
Robert Cole Will - 2 April 1662, Liber No. 5, 183-186In the Name of God Amen the Second Day of Aprill in the year of our Lord 1662,
I Robert Cole of St Clements Bay in the Province of Maryland Yoaman being in good health and perfect memory Praise be given to God - for the same and being desirous to settle things do make this my last Will and Testament in manner and forme following. That is to say, first and principally I commend my Soul to All mighty God my Creator and my body to the Earth from whence it was taken and touching such worldly Estate as the Lord in mercy hath lent ..........mraining is the same shall be employed and Witnessed as .......er, by this my will expressed and first I do revoke renounce frustrate and make voyd all Wills by me formerly made and declare and appoint this my Last Will and Testatment after my Death Certainly known
Ittem I give and bequeath to my honoured friend Mr. Francis Fitzherbert or his successors the best......of Tobacco of my Crop and the best Steer of my Stock that ....oye a Roman Catholick and de.....e the holy Church
I give and bequeath unto my Loving Son in Law Francis Knott the Eighth part of all my Cattell when he doth attain the age of eighteen years but in case he should dye before that time then my will is that his sister Anne Harinton shall have one half of the Eighth part and my own Children the other half but in case Anne Harinton be dead before Francis comes to that age and have no issue that thou my children shall have the whole gift Equally amongst them.
3 Ittem I give and bequeath unto my son Robt Cole my daughter Mary Cole my Son William Cole my Son Edward my daughter Elizabeth Cole all the rest of my Estate to be equally shared amongst them as Each of them to the age of Eighteen years that is to say when my son Robert come to that age he shall the fifthe part of my Cattell take from the rest and known to be his and so forth till the two(?) youngest come to ye same age said
4 Ittem I give and bequeath to my daughter Mary Cole one feather bed bolster, pillows, ....anken, ...dengg and one pair of my best sheets and my spice mortars and pessell and one Iron Pott and my Copper Kettle and one smoothing Iron
5 Ittem I give and bequeath Elizabeth Cole my best Slak(?) bed and Bolster Greenegg one Blankitt one pair of Sheetts one Iron Pott Six napkins and Diaper table Cloath and one smoothing Iron.
6 Ittem I give and bequeath unto my son Robert Cole to him and his heirs forever My Plantation I now live on and all the land and Houses belonging to it with the Orchard he the said Robert paying unto his brother William and his brother Edward the half of all the benefitt of the orchard for the space of seven years [to the] aforesaid
7 Ittem my will is that the aforesaid Children have such Education in Learning [to] write and read and castauompt(?) I mean my three sonns and my two daughters to learn to read and sew with their needles and all of them to be kept from idleness but not to be kept as Comon Servants and that the learning so bestowed upon my children be out of my whole Estate before they do unto the age aforesaid and after such learning so bestowed that such care be taken of my children that they may not forgett their learning before they do come of age as aforesaid
8 Ittem my will is that my Servants may be imployed for the most benefitt and good of my Children and when or as they be free such or so many others may be put in their roomes to serve my Children Jointly
9 Ittem my Will is that my Executors hereafter named have such Power by the present writing of this my will as to sell or possess any part of my Estate for the good of my Children in Generall
And my will is that my Stock of Cattell never exceed the number of fifty.....whole year together but they may be sold Either.....ahoe.......ead for the use of my Children as aforesaid ......not ........as to Scant(?)
Either my Children or servants of necessary and ..provision for their health and strength
10 Ittem I give and bequeath to my son in Law Francis Knott the rights to 50 acres of Land as they do stand upon the record Whereas I had a Warrent to Survey four hundred acres and did survey but 350, the which survey I did assign to John Wheeler
11 Ittem I give and bequeath unto my three Sons, Robert, William and Edward Cole the Rights to 600 acres of Land Equally amongst them where of I have a warrante of 450 acres amongst my papers said .........Joanes for their transportations.
12 Ittem I give and bequeath ....ll the estate whatsoever be it land houses or money that doth anyways belong unto me in England or of right should belong to me unto my Children in Generall After the Death of my mother Mrs. Jene (Jane?) Cole of Heston in the County of Middlesex but in case my mother should be incapasitated and impoverished then my will is that my mother have sent to her a Competent yearly any every year e reap ....ble sustenance out of my Estate during her naturall life, my will is also that is any of my children dothe dye before the age aforesaid or under the age of twenty one years without issue that then such a part that did belong to such on one shall be equally divided amongst them that are living. My will is also that if any of my children dye without issue that then it shall not be in their .....to give to any other then their Brothers or Sisters more than one fourth part of such Goods or Chattels given by me to them as they shall be possessed of the Day of their Death
13 Ittem I will all the rest of my Estate hogs beding pewter potts K.....nes tubbs pewter trays bathes (?) Ruggs rundletts tables ......s Stools Linnen and Wooden Pottry and all other goods that belong to me or may................belong to me unto my 3 Sons Robert William and Edward Together with my Gunns p...........tur iseronig(?) onely ..................... and a barrow tees(?)............................my son in Law Francis Knott if he doth live to ye age of ................should dye before it age [th]en all to my three sons aforesaid to these that .......................that are......
14 Ittem my will is and I do .........................constitute and appointing my loving friends Christopher Evans and Captn Luke Gardner both of St Clements Bay and my loving Cousin Mr. Henry Hankes of Follbourne in the City of London to be my Executors or overseers or anyone of them in this country and [in] England a ................................. to Execute this my Last will giving them power and authority over all my children a[nd] [the]ir Estates if the[y] do attain the age of Twenty and [one] years as also power over all the promises aforesaid, as also power [of] authority to make and appoint one or more overseers after their Death fulfilling of this my will giving to them all a strict charge that my Children be brought taught in the Roman Catholick Religion as they shall the contrary at the [d]readfull Day of Judgmt. In testimony that is my Last Will and testament I do herewith sett my hand & Seall the Day and Year above Written with five enterlines which be these Brothers, my [will], Wright or Sisters Robert Cole
Witnessed by ..................Signed and Sealed [before] us
Justice............ram
Thomas Brooks
James Thornton(?) Clarke (James Thompson, Clerke: NJL)
Edward Clarke
The power that is given to my Exectrs is jointly after the death of anyone of them throw my will is that the other may act by himself or chose one to him to assist him if the departed has not appointed one in his steed before his death but my Cusson Hankes is to act in England by himself
Witness my hand
Robert Cole
My son Robert Cole was born 15th Oct 1652
My daughter Mary Cole was born the 26th Janry 1653
My son Wm Cole was born the 23 June 1655
My son Edwd Cole was born 9th Novr 1657
My daughter Elizabeth born 2d March 1659
Francis Knott three years older than my Son Robert Cole is as witness my hand the 25th of Aprill
My Meaning is that my Children shall receive their portions at 18 years o.................t....................... have a...he posses[ion]..................... they be 21 years of age un[less] my daughter be maryed to [a Roman] Catholick then at 18 years Robert [Cole]
Sep[tember] 8th [1662]
Ja[mes Thornton? Clarke] Saith upon oath that being at Nowton Robert Cole ................ in to sett his ........... to this Paper telling him with ................ that it was his Will Cle.................Said Cole being then bound for England, and it was sidned and sealed in this Deponents presence by the said Robert Cole and ..... knowth of no other will that Ever Robert Cole made
J.....Thompson(?)
Sworn before me Wm Bretten
Sept..................1663 Thomas Brooks.......Saith upon oath that he signed this Will as Witness and that it was Robt Coles act and Deed and that he Knoweth of no other will made by the said Robert Cole
Thomas Brooke
Sworn before me Henry ................well Secry.
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