Daniel Cook, Jr. is my 1st Cousin 6 times removed. Daniel was borne 14 February 1795 in Anson County, NC or Chesterfield County, SC. He was the son of Daniel Cook, Sr. and his wife Ruth Moultrie.
On 28 January 1818, Daniel Cook, Jr. married Martha Warren Norwood, daughter of John Norwood of Darlington County, South Carolina.
Daniel Jr, and Martha moved their family from Chesterfield County, SC to Wilcox County, Alabama about 1829. They had a large family of eleven known children; 5 borne in the Carolinas, one in Georgia and five in Alabama.
Martha Warren Norwood Cook passed away on 17 June 1840. Daniel, Jr. married Caroline McMillan, widow of Rev. Murdock Murphy, on 19 September 1843 in Clarke County, Alabama.
Daniel Cook, Jr. wrote his Last Will and Testament on 10 Nov 1866. He passed away on 16 January 1878 in Wilcox County, Alabama.
Transcription:
Last Will and Testament of Daniel Cook, Jr. deceased
State of Alabama}
Wilcox County} I Daniel Cook of said County and State being of sound and disposing mind and memory, do hereby make publish and declare the following to be my last will and testament, (hereby revoking and annulling allot her wills heretofore made by me) as follows to wit that is to say ---
1st I desire all my just debts to be paid as soon after my death as practicable.
2nd I give devise and bequeath unto my wife Caroline Cook, for and during her natural life the following described lands, to wit “the South East quarter of section Twenty, “the West half of the South West Quarter” of Section twenty one; “the North half of Section twenty nine; the North West quarter of the Southeast quarter of Section Twenty nine; The North West quarter of the South West quarter of section twenty nine; the North West quarter of the South East quarter of Section Twenty eight; the West half of the North West quarter of Section twenty eight and the East half of the North east quarter of Section Thirty. All in township Twelve in Range seven East lying in Wilcox County, Alabama and containing about Eight hundred Acres; after her death to be disposed of as herein after directed: ------
I also give and bequeath to my wife the following personal property to wit: Three head of horses or mules (to be selected by herself or some friend for her as she may direct). Three cows and calves all the hogs at the home place, twelve head of choice sheep, one yoke of Oxen, all carriages, Buggies, carts, wagons, farming utensils; and tools of every description belonging to the home place, all the corn, fodder, hay, potatoes, bacon, pork and everything in the provision line at my said home place, all the poultry on said home place and all the household and kitchen furniture I may have at the time of my death, the said household furniture to include piano and clocks. Also any other personal property belonging to my homestead. My object is that nothing shall be disturbed about my said homestead except so far as may be necessary to carry out the provisions of this my will.
Should there not be sufficient amount of provisions on hand, at my said home place, at the time of my death (such as corn fodder bacon and potatoes)for the maintenance and support of my said wife, and my minor children for twelve months, then it is my will and desire, and I hereby direct that the deficit shall be made up from any of such like provisions I may have on hand elsewhere. To have and to hold said personal property in absolute right to her and to her heirs forever. The real Estate above given to be in lieu of her distributive share in my estate and to be hers absolutely as aforesaid ----
3rd I give and bequeath to my daughter Martha L. McCurdy, two cows and calves
4th I give and bequeath unto my son Frank Cook, the sorrel blaze faced mare, now in his possession.
5th I give and bequeath unto my son Daniel Cook, Jr. two cows and calves, and the dark roan colt known and called as his colt.
6th I give and bequeath unto my daughter Carrie Cook, two cows and calves, and a horse or mule, the said property to be selected by her, or some friend for her as she may direct, next after my wife’s share of said property has been selected, as herein before given to her.
7th It is my wish, and I hereby direct that all the balance of my property (not herein before disposed of) both real and personal, to be sold and the proceeds of said sale to be divided as follows to wit: (having made advancement to some of my children , and desiring to make them all as nearly equal in the distribution of my estate as possible I make the following distributions – not requiring any of my children to account for any advancements heretofore received by them from me). I will and desire that my son Daniel Cook, Jr. and my daughter Carrie Cook receive each the Sum of Twenty five hundred dollars” and that they shall each receive that amount before any other disposition is made of the proceeds of said sale or before any disposition is made of any other money or monies belonging to my estate (other than the payments of debts and the costs of administration) and should there not be a sufficient amount realized from said sale or from any other assets of or belonging to my estate, to paid said amounts, then I desire said amounts or the deficits, to be made up to them in the manner hereinafter directed in section 12 of this my will.
8th I desire my grandchild David S. Cook, the son of my deceased son Jesse J. Cook to receive the sum of Two hundred dollars.
9th I give to my son John N. Cook the sum of Twelve hundred dollars and direct that out of said sum of twelve hundred dollars my executor pay my granddaughter Caroline Adair, wife of William Adair and a daughter of said John N. Cook receive an amount in proportion to the number of children the said John N. Cook may have living at the time of my death, that is if he should have no child other than the said Caroline or one child besides the said Caroline living, said Caroline Adair to receive one half, if three, one third and so on. If no child of said John N. Cook be living at my death, said John N. Cook is to take the whole.
10th I desire my daughter Mary R. Blackman, my son Maston W. Cook, my son Samuel C. Cook my son Frank Cook and my daughter Martha L. McCurdy shall each receive the sum of Five hundred dollars.
11th After paying all the before mentioned legacies out of the monies arising from the the <sic>sale directed to be made, in the herein before 7th paragraph of this my will, and otherwise --- I devise the balance, if any to be equally divided among all my children, share and share alike, the child or children if any of my deceased children to receive the share the parent would have taken if living –except share that may be going to my son John N. Cook, shall be subjected to the same disposition, in regard to my granddaughter Caroline Adair, as is herein before set forth in the 9th paragraph of this my will and the said Caroline’s share thereof be paid to her at the same time, said John N. Cook’s share is duly and payable.
12th The lands, herein given to my wife as her dower interest, after her death, I desire to be sold, and the proceeds of said sale to be equally divided among all my children share and share alike, the child or children of any deceased child or children to receive the share the parent would have taken if living (the share of my son John N. Cook to be subjected to the same disposition in regard to my granddaughter as is herein before stated with regards to the share going to my son John N. Cook), provided; that if there should not be enough money belonging to my estate arising from the sale of the other properties herein before directed to be sold, or otherwise, to pay the legacies of twenty five hundred dollars each to my son Daniel Cook and my daughter Carrie Cook, as mentioned in the 7th paragraph of this my will, then in that event they are to receive a sufficient amount from the sale of said lower lands to make up the said amount of Twenty five hundred dollars each.
13th Should my estate prove to be insolvent and be so declared by any Court of Competent jurisdiction, then it is my Will and desire that my wife and minor children have and received that which they would have been entitled to under the law, if I had died intestate.
14th I hereby nominate constitute and appoint David C. Sellars, of Wilcox County, Ala. [the] Executor of this my last will and testament, hereby authorizing him to decide the same without being required to give any bond for its execution.
15th In all sales of property, herein directed to be sold, I hereby authorize and empower my said executor to sell the same, either at private or public sale and on such terms as he may direct and think best, and also authorize him to make and execute proper conveyances to any property herein directed to be sold. (In the description of the lands herein given to my wife in lieu of her dower interest there is a mistake to-wit: The North West quarter of the South East quarter of Section Twenty Eight” in Township Twelve of Range seven was inserted by mistake and is not intended to be any part of the lands given to my wife, as it does not belong to me.)
In testimony whereof, I hereunto set my hand and seal this the 10th day of November 1866.
Daniel Cook {L. S.}
The foregoing instrument was executed in our presence by Daniel Cook and acknowledged by him to be his last will and testament, and the same was attested by us as witnefs, at the request of said Daniel Cook and in his presence and in the presence of each other, on the 10th day of November 1866.
Zo. S. Cook
Filed January 22nd 1878
W. Henderson
Judge of Probate
State of Alabama}
Wilcox County} Probate Court of said County
In the matter of the probate of the last will and testament of Daniel Cool deceased:
Before me W. Henderson Judge of the said Court personally appeared in open Court, Zo. S. Cook, who having been by me first duly sworn and examined did and does depose and say, on oath, that he is a subscribing witness to the instrument of writing, now shown to him and which purports to be the last will and testament of Daniel Cook, deceased, late an inhabitant of this County, that said Cook, since deceased signed and executed said instrument on the day the same bears date, and declared the same to be his last will and testament, and that affiant set his signature thereto, on the day the same bears date, (and declared the same to be his last will and testament, and that affiant, set his signature thereunto, on the day the same bears date) as a subscribing witness to the same, in the presence of said testator and in the presence of the other witness: That said testator was of sound mind and disposing memory; and in the opinion of the deponent fully capable of making his will, at the time the same was so made as aforesaid. Affiant further states that said testator was on the day of the said date of said will, of full age of twenty-one year and upwards.
Zo S. Cook
Subscribed and sworn to}
Before me this 21st day of}
March 1878}
W. Henderson
Judge of Probate
________________________
[1] Daniel COOK Jr. (1866), WILLS & TESTAMENTS: Last Will and Testament; Will Book 6; pages 102-107; Wilcox County Probate, Camden, Wilcox County, Alabama. https://ancstry.me/2ZpURG1
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