541. Joseph COLE, (Shipbuilder), 1816. D/ACW 39/6/1

This is my last Will & Testament when my Soul shall
be taken to my God that gave it & my Body committed
to the earth from which I sprang & my just wordly
Debts paid, I give and bequeath what property shall
remain as follows
All my Shipyard which was left to me & to my wife
during our natural lives & then to my children by my
Wife Elizabeth Cole that were alive at the Death of
Samuel Cook late of Row-hedge in the County of Essex
Gentleman, & as there was four children alive at the time
of the Death of the said Samuel Cook that is to say by name
Daniel Cole, Samuel, William & Elizabeth; but since the
Death of the said Samuel Cook one of the children that is
to say William Cole died and as the custom of the court
held in the Parish of Wivenhoe for Copy-hold Estates to
give the Preheminence or Heir-ship to the Younger in case
any dispute should arise the Court give to one more than
another If any other dispute between the three should
arise or if it should please the Lord to take one to make
the others equal alike out of my stock in trade or any
other goods or Money that shall be mine at the time
of my Death, I also give and bequeath all that fifth
part of the farm left me by the above mentioned
Samuel Cook at the Death of Mrs Cook Wife of Samuel
Cook situated at the foot of Horsely hill or end of
Nailand Bridge in the County of Suffolk known by
the name of Horsely farm as all the mony arising
from the same unto my two sons Daniel & Samuel
and my Daughter Elizabeth and their Heirs and
Assigns for ever Provided my surviving children allow
unto my wife Elizabeth Cole out of the Ship Yard
thirty pounds Per Year and that as follow the money
to commence one month after my Death and be
paid every six months and omission of the same
to come upon the premises and seize or Strain for
the same I likewise leave my Houshold Furniture
and Effects and all the Residue of my Property to my
said two sons & Daughter equally for ever and do
appoint my wife Elizabeth Cole joint Executors
with my three Children which are now alive.
Daniel Samuel Elizabeth to execute this my will
and if any one of the parties above mentioned that
is to say Elizabeth Cole (Wife) Daniel Samuel or
Elizabeth my children should act, do, or cause to
be done; Defraud each other by any means whatsoever
be excluded every thing, sheard out, deprived, and
set aside from any and every benefit arising from
this my Will and the Goods, money or Property
to be sheared between the others.at
my Death. Witness my Hand this 29 Day
of May 1815
Joseph Cole
James Hyde
Wm Coney
Joseph Coney
Signed, Sealed, & Delivered
by the said Joseph Cole as
his last will in the presence
of us May 24 – 1815
James Hyde
Wm Coney
Joseph Coney

The above named Joseph Cole do hereby declare
that my only reason for not making any provision
by the above wills for my eldest Son Joseph Cole
by my first wife is my having already done for
him as much as I in Justice to my other Children
could do and I declare that it is my Intention to
exclude him from any participation of my
present property with my other Children on

9 January 1816
Elizabeth Cole Widow of the deceased Daniel Cole and
Samuel Cole Sons of the deceased and Elizabeth Cole daughter
of the deceased the Executors within named were sworn to the truth
of this will and to the true performance thereof and that
to the best of their knowledge and belief the Goods Chattels
and Credits of the deceased do not amount to the sum of
One Hundred Pounds.
before me
John Smythies
The Testator died in the Parish
within mentioned 31 May last

This will of Joseph Cole late of the Parish of
Wivenhoe in the County of Essex deceased was proved
on the ninth Day of January in the Year of our Lord
1816 before the Revd John Smythies Clerk Surrogate &c by
the Oaths of Elizabeth Cole Widow of the deceased Daniel
Samuel and Elizabeth Cole Children of the deceased the
executors to whom admon &c was granted on the twenty
first Day of the same Month they being first sworn
duly to administer-