Catherine Cole Death and Will
Catherine Cole died 26th November, 1887 while on a visit to Rose Ann Gash in Auckland. There was a Gash on the Caduceus that Catherine and David came out on. Ann Martin (her sister in law also died there).
DEATH FROM COLLAPSE. A resident of Mangapai named Mrs
Catherine Cole, 65 years of age, who was on a visit to Mrs Gash, of West-street,
Newton died under rather unusual circumstances on Saturday morning last.
The deceased caught a chill on the 21st inst., and was seized with acute
dysentery. She was attended to by Dr. Murray Moore, and on Friday evening he
found it necessary to administer a hypodermic injection of morphia. This put his
patient to sleep shortly afterwards, and later on Mrs Gash became alarmed at the
appearance of deceased, and sent for Dr. Moore. When he arrived he found the
patient in a state of collapse, and called in Dr. Girdler. They used means to
restore Mrs Cole, but without success, and she died at 5 a.m. on Saturday. The
matter was reported to the police by the relations of deceased, who are
evidently annoyed that they were not informed that Mrs Cole was in immediate
danger. The fullest inquiry has been made and a report forwarded to Dr. Philson,
coroner. Dr. Philson considers that there is no necessity for an inquest being
held, Dr. Girdler having stated that no blame is attachable to anyone, and Dr.
Moore having given a certificate as to the cause of death, viz., first, acute
dysentery for 4 hours, and collapse 3 hours.
Auckland Star, Volume XVIII, Issue 281, 29 November 1887
COLE.-On November 26, at the residence of Mrs Gash,
West-street, Newton, Catherine, beloved wife of David Cole, of Mangapai.
Auckland Star, Volume XVIII, Issue 285, 3 December 1887
COLE.-On November 26, at me residence or Mrs Gash,
West-street, Newton, Catherine, beloved wife of David Cole, of Mangapai. The
funeral will leave Mrs Gash s, for Mangapai (per s.s. Wellington), this evening,
at 6 p.m. Friends please accept this invitation.
Auckland Star, Volume XVIII, Issue 281, 29 November 1887
Note: Ann Martin, David Martin Cole's sister also died at Mrs Gash's house
Our Mangapai correspondent writes :-
The largest gathering that has been seen in this settlement assembled on Wednesday to pay their last respects to the late Mrs. Cole, by following her to the grave. Mrs. Cole had gone on a visit to Auckland, and while there died on 26th November. Her body was removed for internment, by the S.S. Wellington, transferred to the S.S. Katikati, and received here at 10 o'clock on Wednesday morning. It was then removed to her late residence to await the funeral, which started at 3 p.m. Rev. Mr. Jones, of Waipu, conducted a short service at the house before the funeral cortege started and again at the grave, when the 121st psalm, being a great favourite of the deceased lady, was sung. The coffin was entirely covered with flowers tastefully arranged. Before the house, an opportunity was afforded to friends of getting a last sight of the features, which were no way changed, a square of glass being inserted in the inner coffin immediately over the face, and in this way all who wished could see Mrs. Cole's appearance plainly. Mrs. Cole, with her late husband, David Cole, came to the colony per ship Caduceus in May, 1859, About a year after their arrival they settled in Mangapai, where after some time Mr. Cole opened a store and continued it very successfully till his death, 13 years ago. Mrs. Cole has, since her husband's death, carried on the business, and was always ready to oblige her neighbours. Mrs. Cole's remains now rest beside her late husband, sister, sister-in-law, and other friends. On Sunday, December 4th, the Rev. Mr. Jones made feeling allusion to the deceased lady in his sermon at Mangapai church.
New Zealand Herald, Volume XXIV, Issue 8920, 8 December 1887
The Affidavits of domicile death for Catherine Cole of Mangapai was signed by Rose Ann Gash of West Street, Newton (off Upper Queen Street) stating that she had died while on a visit there on 26 November, 1887 and confirmed that the document marked “A” was Catherine’s Last Will and Testament.
William MacAllister of Mangapai signed a similar document and both were lodged with the Supreme Court of New Zealand, Northern Judicial District on 20 December 1887.
Affadavits original documents
Rose Ann Gash and family members (Robert, Kate, William, David) arrived in the barque Clyde from London on 31 May 1883. She died 16 April 1909 aged 86 (Symond Street Cemetery)
Mr T. Gash drove cattle for David Cole at Mangapai in 1863
Transcript of the content of Catherine Cole’s Last Will and Testament:
see Original Document
I the undersigned Catherine Cole of Mangapai in the County of Marsden and Provincial District of Auckland, Widow of the late David Cole, Storekeeper and Farmer do make this my Last Will and Testament
I give and bequeath all my Property both Real and Personal to pay my Funeral and Testamentary expenses and all my just debts and liabilities
Thereafter I give and bequeath to Ann Martin now living with me Widow of James Martin, All My Household Furniture and Household effects only within my dwelling House at the time of my death save and except so much thereof as being monies and securities and goods appertaining to my business as Storekeeper and Farmer for her own sole use and absolutely
The Residue of all my Property both Real and Personal of every description and wherever situated I give and bequeath to William Mac Allister of Mangapai aforesaid Farmer and C.C. F.B J.B. in trust only for the purposes hereinafter named and devised. And I hereby nominate the aforesaid William Mac Allister and C.C. F.B J.B. and appoint them as my Executors and Trustees in and for the purposes of my this Last Will and Testament in manner customary in New Zealand and empower and give them all such powers and authorities in and over all my Real and Personal Property as Trustees as by Law in this Colony I am able so to invest them
I hereby bequeath and devise and desire my Trustees to give to the aforementioned Ann Martin Widow the free use and occupation only so long as she lives of all that my Dwelling House in Mangapai with the Garden and Land by surrounding the same being part of section [blank] in Mangapai and bounded on the East by the Public Road [blank] Links on the North by a fence bounding and cutting off an occupation Road now leading to my Stock Yard [blank] Links and thence in a straight line being to the South of the Stock Yard to a fence now bounding the aforesaid Land [blank] Links and by the said fence on the West and South to the Public Road aforesaid [blank] Links with all outbuildings and tenements thereon to hold the same free from all Rent or claims during her life but the said Ann Martin to pay all Rates Taxes and Assessments thereon whether Parochial Local or Colonial
And as to the Residue of all my Real and Personal property after the payments thereout as aforesaid I desire that the Balance of all monies then or thereafter remaining and or accruing in manner hereafter defined therefrom shall be invested in Mortgage of Real Estate or in such other good and sufficient securities as by Law in force at the time in this Colony the Trustees may or can invest such funds aforesaid
And subject always and in every way to the aforesaid bequest to Ann Martin for her life of that portion of my Real Estate hereinbefore described and defined that the said Trustees shall be and I hereby empower them at their sole discretion at liberty either to sell the whole or any portion of my Real Estate as such times as they may so determine or to Let or Rent the same or any portion thereof upon such terms and for such times not being longer than the life of the said Ann Martin as they may determine
And as to the proceeds arising therefrom I desire and intend that all monies arising from Sales shall be invested and remain as Residue of my estate to be dealt with as hereinafter devised and monies arising from Rents shall be treated as Interest or and income to be dealt with as hereinafter devised
I give and Bequeath and desire my Trustees to pay in each and every year at such times as they may determine to and unto the beforenamed Ann Martin so long as she lives such a sum the produce of the Interests or and Rents only of the Residue of my Estate as shall not exceed Thirty Pounds Stirling in each and every year and in case the Interests and Rents in any year shall not reach or realise a sum of Thirty Pounds then only such sum for any such year as after paying any expenses thereout incurred in respect hereof by my Trustees shall remain or be available for such Year payment and in no case shall the Residue of my Estate as such be mortgaged or pledged in any way for the purpose of making such or any annual payment to said Ann Martin and after the aforesaid yearly payment to Ann Martin upon the conditions aforesaid I do further devise and desire my Trustees to pay out of the remainder of any of the Interests and Rents only and subject to all the conditions aforesaid in the devise and Bequest of the payment first made to Ann Martin a sum not exceeding Five Pounds Stirling in the whole to be divided and paid to such Public Charities in the city of Auckland in such sums to each and to such one or more of the Public Charities aforesaid as my Trustees may decide in each and every year during the life only of the said Ann Martin and further out of any Sum if any thereafter remaining of the Yearly Rents and Interest as aforesaid my Trustees shall use and expend the whole or so much there of as they desire and deem necessary in the repair or in the improvement of the whole or any part of my Real Estate
And at the death of the aforesaid Ann Martin I give and bequeath and desire my Trustees to give over convey and pay after deducting therefrom such costs and expenses as may have been incurred by them in executing this trust the whole of the Residue of my Estate Both Real and personal and together therewith all Interests Rents and Monies in the hands of my said Trustees to and unto such of my Nieces the daughters of William Harrison of Mangapai aforesaid Storekeeper and his late deceased Wife and my Sister Annabella Harrison whose names are Elizabeth Mary Harrison – Margaret Ann Harrison and Charlotte Letitia Harrison who shall live or have lived to the age of Twenty one Years for each her or their own sole use and absolutely or their Heirs Executors or assigns – The aforesaid Residue to be given to such one or more of them in equal portions as shall live or have lived to the age of Twenty one Years
I desire mean and intend that my aforesaid Nieces shall have no vested interest in or right to the said Residue or any part thereof before reaching the age of Twenty one Years but that in case Ann Martin dies before the whole or any one or more of my Nieces aforesaid reaches the age of Twenty one Years then each one upon reaching or having reached the age of Twenty one Years shall receive and be paid a proportionate sum of the whole as there are at the time when such payment is being made of my said Nieces alive expectant or entitled to any portion thereof
The whole or the proportionate sum or sums as the case may be remaining in the hands of my Trustees and invested in securities as before named and in case one or more of my said nieces shall die before reaching the age of Twenty one Years then the survivor or survivors shall reach or who shall have reached beforetime the age of Twenty one Years shall have such portion or in equal parts as the case may be
And in the case of the whole of my aforesaid Nieces die before reaching the age of Twenty one Years than and in that case only I give and bequeath the Residue of my Real and Personal Estate to Mary Moore – Spinster of Rockmarshall House Lough Ireland for her own sole use and absolutely
As witness my hand at Mangapai this Third day of July in the Year of our Lord one thousand eight hundred and Seventy Seven
The blank spaces in the first page which were so left for
inserting name of other Trustee being first ruled over it being my intention
that no second Trustee be appointed but that the within named William Mac
Allister shall be my sole Trustee and Executor and that in all parts of this my
Last Will and Testament wherein reference is made to my Trustee and Executor in
the plural it shall mean and refer to the within named William Mac Allister only
Signed by the said Catherine Cole in our presence and by us in the presence of each other and in the presence of the Testator on the date hereof –
Joseph Bell J. P.
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