Cole, Charles Pendexter Sr. b. 9 Jun 1876 Coudersport, Potter, Pennsylvania, USA d. 25 Feb 1961 Coudersport, Potter, Pennsylvania, USA: WETZEL Extended Family & More

Cole, Charles Pendexter Sr.

1876 - 1961 (84 years)

Name	Cole, Charles Pendexter [1]
	Record for Charles P Cole (50) facs Gilbertson gilbertsonc1 Charles P Cole Jr 1905-1966 BIRTH 2 SEP 1905 • Richmond Ward 5, Richmond, New York DEATH APR 1966 20190214HAv- Gilbertson gilbertsonc1 Charles Pendexter Cole Charles Pendexter Cole 1876-1961 BIRTH 9 JUNE 1876 • Couldersport, Potter County, Pennsylvania DEATH 25 FEBRUARY 1961 • Couldersport, Potter County, Pennsylvania
Suffix	Sr.
Birth	1876	Tottenville, Staten Island, Richmond, New York, USA
Birth	9 Jun 1876	Coudersport, Potter, Pennsylvania, USA [1, 2, 3, 4, 5, 6, 7]
	DELILA (KOON) COLE died Friday morning at 12:30, ?? 1925. Born at Knoxville, PA, September 27, 1847, and came to Coudersport when 19 years of age. Married Lewis B. Cole Jr., in June 17, 1867. Surviving are three sons and a daughter: - William Burdette, b. May 17, 1874; - Blanche, b. September 19, 1868; - Fred Burnum Cole, b. December 9, 1872; - Charles, b. June 9, 1876. Two sisters also survive: - Mrs. T. J. Gilbert, of Andover, NY and - Mrs. William Kimball, of Ayers Hill. Funeral at home on Maple St. _______________________ 20181201HAv- Charles Cole Memorial Hospital Posted 09 May 2011 by pamelavincent1 Charles Cole was born in June of 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, NY. His later association with John Patterson, then President of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Mr. Cole as a salesman. He enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines or IBM. By late 1920, Mr. Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth and upon his death in 1961, the extent of his fortune became known. Mr. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Charles Cole Memorial Hospital was opened in September 1967. Mrs. Cole later was married to a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the Hospital until their death in the 1990s. Many of the new buildings including the Irwin Rehabilitation Center and the Irwin Medical Arts Center have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future. Charles Cole obituary 1961 Charles Cole- new modern hospital for Coudersport community March 1961 Charles Cole Memorial Hospital Charles Cole Memorial Hospital gilbertsonc1 gilbertsonc1 originally shared this on 15 Feb 2009 Linked To Charles Cole Saved by pamelavincent1 Saved by BuchananSpringer64 Saved by gilbertsonc1 Saved by EMyRus77 Saved by Thomas Wetmore Comments Comments
Gender	Male
Residence	Between 1880 and 1900	Coudersport, Potter, Pennsylvania, USA [1, 3]
Residence	1880	Westfield, Staten Island, Richmond, New York, USA
census 1880	Jun 1880	Coudersport, Potter, Pennsylvania, USA [5]
	Age: 4; EnumerationDistrict: 102; MaritalStatus: Single; RelationToHead: Son
	20181201HAv- Lewis B. Cole in the 1880 United States Federal Census date: June 1880 enumerator: D.W. Butterworth Name: Lewis B. Cole Age: 72 Birth Date: Abt 1808 Birthplace: New York Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA Dwelling Number: 53 Race: White Gender: Male Relation to Head of House: Father Marital Status: Widower Neighbors: View others on page Household Members: Name Age 53 Lewis B. Cole Jr 36 Head PA NY NY wagon manuf'er Dellia Cole 32 wife NY NY NY keeping house Blanch Cole 11 dau PA PA NY Fred Cole 7 son PA PA NY William Cole 6 son PA PA NY Charles Cole 4 son PA PA NY Lewis B. Cole 72 father NY __ __ at home Florence Brown 15 servant PA 54 Alanzo Crosby 47 Head PA NY NY surveyor Williard Crosby 35 wife NY NY NY keeping house Jennie Crosby 4 dau PA PA NY Myrtle Crosby 2 dau PA PA NY Lyman Crosby 6mo son PA PA NY (Dec) 55 Amos Veley 31 Head PA NJ NJ laborer Ella S. Veley 30 wife PA NY NY keeping house Edgar H. Veley 8 son PA PA PA Harry M. Veley 6 son PA PA PA Ella N. Burt 15 at home WI NY PA at home 56 O. H. Crosby 45 Head PA NY NY carpenter P. M. Crosby 40 wife PA NY NY keeping house 57 Thos. J. Gilbert 32 Head PA PA PA house painter Rose Gilbert 28 wife NY NY NY keeping house Eloise G. Gilbert 2 dau PA PA NY 58 T. B. Brown 31 Head PA PA PA Civil Engineer Mary A. Brown 29wife PA PA PA keeping house Martha Brown 4 dau PA PA PA Norman Brown 2 son PA PA PA minnie wesley 14 servant PA PA PA 59 Arthur B. Mann 36 Head PA PA PA lawyer-land agent Marbria J. Mann 37 wife NY NY NY keeping house Nora Mann 12 dau NY PA NY George King 24 cous PA PA PA clerk in land office H. Fessenden 31 boarder PA laborer Eulalia Fessenden 23 servant PA PA PA servant Source Citation Year: 1880; Census Place: Coudersport, Potter, Pennsylvania; Roll: 1165; Page: 438B; Enumeration District: 102 Source Information Ancestry.com and The Church of Jesus Christ of Latter-day Saints. 1880 United States Federal Census [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc, 2010. 1880 U.S. Census Index provided by The Church of Jesus Christ of Latter-day Saints © Copyright 1999 Intellectual Reserve, Inc. All rights reserved. All use is subject to the limited use license and other terms and conditions applicable to this site. Original data: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
Residence	1900	Eulalia Twp, Potter, Pennsylvania, USA
Residence	1910	Richmond, Richmond, New York, USA [3]
	Age in 1910: 33; ward 5, Married; Marital Status: Widowed; Relation to Head of House: Self; Relation to Head of House: Head
Residence	Between 1910 and 1940	Richmond, Richmond, New York, USA [1, 3, 6]
	Age: 39; Relationship: Head
	20190214HAv- Charles Cole in the 1940 United States Federal Census certificate of residence: I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT... signed: Chas Cole date: April 13 1940 enum: Edith Cummings Name: Charles Cole Age: 63 birth year: abt 1877 Gender: Male Race: White Birthplace: Pennsylvania Marital status: Married Relation to Head of House: Head where enumerated: 2232 Polk? ST Hollywood, Florida owned value: $7,500 farm? no Home in 1940: not Hollywood, but Coudersport, Potter, Pennsylvania Street: 408 Mill Street Farm: No Inferred Residence in 1935: Coudersport, Potter, Pennsylvania Residence in 1935: Coudersport, Potter, Pennsylvania Resident on farm in 1935: No Household Members: Name Age Charles Cole 63 Head PA PA PA S (written over M) Blanche Cole 71 sister PA PA PA S Source Citation Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7 Source Information Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
Residence	1920	Danby, Tompkins, New York, USA [1]
Retired	1920	Coudersport, Potter, Pennsylvania, USA
	from IBM
Arrival	23 Jun 1925	New York, New York, USA [1]
Residence	1933	Staten Island, Richmond, New York, USA [1]
Residence	1935	Coudersport, Potter, Pennsylvania, USA [7]
Witness/inform/ref	25 Oct 1938	Coudersport, Potter, Pennsylvania, USA [8]
	his brother Fred's death certificate
	20190214HAv- Fred Burnam Cole in the Pennsylvania, Death Certificates, 1906-1966 Name: Fred Burnam Cole Gender: Male Race: White Age: 65y 10m 16d Birth Date: 9 Dec 1872 Birth Place: Coudersport residence: Coudersport status: single, retired Death Date: 25 Oct 1938 19:10h Death Place: Coudersport, Potter, Pennsylvania, USA cause: Coronary Thrombosis contrib: Essential? Hypertension 94b / 102 Father: Lewis Burnam Cole born: Coudersport Mother: Deliah Koon born: Knoxville, PA burial: Eulalia Cemetery Coudersport informant: Chas Cole Coudersport Certificate Number: 91237 registrar: Ruth E. Nelson Source Citation Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 091001-094000 Source Information Ancestry.com. Pennsylvania, Death Certificates, 1906-1966 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014. Original data: Pennsylvania (State). Death certificates, 1906-1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.
Census	13 Apr 1940	Coudersport, Potter, Pennsylvania, USA [6]
	certification of residence: 408 Mill Street; Age: 63; EnumerationDistrict: 53-7; OwnsFarm: No; ResidenceFarmNineteenThirtyFive: No; MaritalStatus: Married; RelationToHead: Head
	20190214HAv- Charles Cole in the 1940 United States Federal Census certificate of residence: I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT... signed: Chas Cole Name: Charles Cole Age: 63 birth year: abt 1877 Gender: Male Race: White Birthplace: Pennsylvania Marital status: Married Relation to Head of House: Head Home in 1940: not Hollywood, but Coudersport, Potter, Pennsylvania Street: 408 Mill Street Farm: No Inferred Residence in 1935: Coudersport, Potter, Pennsylvania Residence in 1935: Coudersport, Potter, Pennsylvania Resident on farm in 1935: No Household Members: Name Age Charles Cole 63 Head PA PA PA S (written over M) Blanche Cole 71 sister PA PA PA S Source Citation Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7 Source Information Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
census 1940	17 Apr 1940	Coudersport, Potter, Pennsylvania, USA [7]
	StreetAddress: Mill Street; Age: 63; AttendedSchool: No; EmploymentCode: 8; EmploymentDetails: Other; EmploymentHistory: No; EnumerationDistrict: 53-6; GradeCompleted: Elementary school, 8th grade; HomeOwnership: Owned; Income: 0; IncomeOtherSources: Yes; IsEmployed: No; OwnsFarm: No; PublicEmergencyWork: No; SeekingWork: No; ValueOfHome: 4000; WeeksWorked: 0; MaritalStatus: Single; RelationToHead: Head
	20200111HAv- Bertha G Leete in the 1940 United States Federal Census date: April 17, 1940 Robert N. Pinney Name: Bertha G Leete Age: 57 birth: abt 1883 Gender: Female Race: White Birthplace: New York Marital status: Widowed Relation to Head of House: Head Home in 1940: Coudersport, Potter, Pennsylvania Street: Isabel House Number: 103 Farm: No Inferred Residence in 1935: Coudersport, Potter, Pennsylvania Residence in 1935: Same House Sheet Number: 12B Number of Household in Order of Visitation: 277 House Owned or Rented: Owned Value of Home or Monthly Rental if Rented: 3500 Attended School or College: No Highest Grade Completed: High School, 4th year Weeks Worked in 1939: 0 Income: 0 Income Other Sources: Yes Neighbors: View others on page Household Members: Name Age Giles C. Hauber 57 Head PA sh M C2 Register Recorder, public office Lottie B. Hauber 56 wife PA sh M 8 Mama E Cole 60 Head PA Gr PA wd H2 12B John R Cole 30 son PA sh s proprietor, service station, gas & oil Frederick E Cole 33 son PA sh m Proprietor, service station, gas & oil Nettie O Cole 23 dau-law PA sh m Charles Cole 63 Head PA sh single Blanche Cole 70 sister PA sh single William A Shear 18 Head Can sh Grace A Shear 68 wife NY sh proprietor, Natural Curiosity Grace L Shear 28 dau PA sh teacher, elementary public school Thomous R Shear 28 son PA sh helper, Natural Curiosity Bertha G Leete 57 Head NY sh wd Ralph F Leete 20 son PA sh s Thomous W Leete 17 son PA sh s odd jobs, paper delivery Source Citation Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Page: 12B; Enumeration District: 53-6 Name Birth Residence John R Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Frederick E Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Nettie O Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Charles Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Blanche Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA William A Shear Canada 1940 Coudersport, Potter, Pennsylvania, USA Grace A Shear New York 1940 Coudersport, Potter, Pennsylvania, USA Grace L Shear Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Thomous R Shear Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Anna Vosberg P New Jersey 1940 Coudersport, Potter, Pennsylvania, USA Harold W Vosberg Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Isabel L Vosberg P New York 1940 Coudersport, Potter, Pennsylvania, USA Howard R Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Velma R Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Marilyn J Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Emory J Lorance Illinois 1940 Coudersport, Potter, Pennsylvania, USA Margaret A Lorance Texas 1940 Coudersport, Potter, Pennsylvania, USA Lloyd Lorance Missouri 1940 Coudersport, Potter, Pennsylvania, USA Fannie C Pinney Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Robert N Pinney Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Bertha G Leete New York 1940 Coudersport, Potter, Pennsylvania, USA Ralph F Leete Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Thomous W Leete Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Eva M Neefe Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Gertrude A Neefe Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Clinton A Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Ellen H Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Addison H Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Diana J Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Clinton A Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA George A Odonnell Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Charles Stine PA Maryland 1940 Coudersport, Potter, Pennsylvania, USA Emelia C Geabe New York 1940 Coudersport, Potter, Pennsylvania, USA Francis M O'Connell Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Francis L Doyle Eire 1940 Coudersport, Potter, Pennsylvania, USA Margaret Kennedy England 1940 Coudersport, Potter, Pennsylvania, USA Mary J Coleman Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Katherine K Covey Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Richard F Covey Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA Clarence D Kiehle New York 1940 Coudersport, Potter, Pennsylvania, USA Source Information Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls. 20200111HAv- Record for Charles Cole (6) facts Charles & Blanche Cole in the 1940 United States Federal Census date: April 17, 1940 Robert N. Pinney Name: Charles Cole Age: 63 Estimated birth year: abt 1877 Gender: Male Race: White Birthplace: Pennsylvania Marital status: Single Relation to Head of House: Head Home in 1940: Coudersport, Potter, Pennsylvania Street: Mill Street House Number: 408 Farm: No Inferred Residence in 1935: Coudersport, Potter, Pennsylvania Residence in 1935: Same House Sheet Number: 12B Number of Household in Order of Visitation: 271 House Owned or Rented: Owned Value of Home or Monthly Rental if Rented: 4000 Attended School or College: No Highest Grade Completed: Elementary school, 8th grade Weeks Worked in 1939: 0 Income: 0 Income Other Sources: Yes Household Members: Name Age Charles Cole 63 Blanche Cole 70
Departure	Habana, Ciego de Avila, Cuba [1]
LDS	Charles P. Cole L2QD-4RH [9]
	20181201HAv- Sarah M Cole L2QD-HCZ birth: 16 March 1908, New York City, New York death: October 1983, Staten Island, Richmond, New York father: Charles P. Cole L2QD-4RH mother: Edith M Wood L2QD-W9Q
LDS	spouse: Charles Cole M2KY-ZDQ [10]
	20181202HAv- Edith Pinney LVF3-7GY birth: 30 January 1901, Pennsylvania death: 28 January 1995, Coudersport, Potter, Pennsylvania father: Norman A Pinney LVF3-9GX mother: Fannie Connolly LWPH-65L spouse: Charles Cole M2KY-ZDQ Edith Pinney 30 January 1901 - 28 January 1995 • LVF3-7GY?? Female Edith Pinney 1901-1995 • LVF3-7GY?? Edith Pinney Sex • Female Birth • 30 January 1901 Pennsylvania Death • 28 January 1995 Coudersport, Potter, Pennsylvania Edith Pinney Residence • 1910 Coudersport Ward 2, , Pennsylvania Residence • 1920 Coudersport, Potter, Pennsylvania Family Members Spouses and Children Charles Cole 1876-1961 • M2KY-ZDQ?? Marriage: 1958 Edith Pinney 1901-1995 • LVF3-7GY?? Children of Edith Pinney and Charles Cole (0) George Howard Irwin 1895-1991 • LR4B-KLK?? Marriage: 1975 Chicago, Cook, Illinois Edith Pinney 1901-1995 • LVF3-7GY?? Children of Edith Pinney and George Howard Irwin Parents and Siblings Norman A Pinney 1842-1929 • LVF3-9GX?? Marriage: 27 Jul 1898 Potter, Pennsylvania Fannie Connolly 1874-1957 • LWPH-65L?? Children of Fannie Connolly and Norman A Pinney (2) Robert Norman Pinney 1889-1961 • LVF3-766?? Edith Pinney 1901-1995 • LVF3-7GY??
LifeSketch	Charles Cole was born in June 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, N.Y. His association with John Patterson, then president of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Cole as a salesman. Cole enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines, or IBM. By late 1920, Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth until his death in 1961, when the extent of his fortune became known. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Cole Memorial opened in September 1967. Mrs. Cole later married a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the hospital until their deaths in the 1990s. Many of the new buildings, including the Irwin Rehabilitation Center and the Irwin Medical Arts Center, have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future.
	Charles Cole was born in June 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, N.Y. His association with John Patterson, then president of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Cole as a salesman. Cole enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines, or IBM. By late 1920, Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth until his death in 1961, when the extent of his fortune became known. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Cole Memorial opened in September 1967. Mrs. Cole later married a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the hospital until their deaths in the 1990s. Many of the new buildings, including the Irwin Rehabilitation Center and the Irwin Medical Arts Center, have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future.
Residence	1953	Coudersport, Potter, Pennsylvania, USA
	Cole, Chas r 408 Mill 186-J
	20190709HAv- Richard Neefe?You know you're from Coudersport, PA if.......... July 1 · 2019 p. 8 B-C Boyd, Casper W r Coudy RD4 536-J-1 Boyd, Jos H r Sweden Valley 881-R-2 Brock, H & Sons scrap mtls 208 Vine 53 Brock, Norman S r 1 Allegany av 620 Brock, Ronald r Coudy RD2 548-J-3 Brock, Walter r 208 Vine 648 Brocklebank, LR r East 720-J Bryington, Robt r Sweden Hill 505-J-4 Bryington, Warren E r Coudy RD 458 Buchsen, Geo r Coudy RD3 508-R-3 Buchsenschutz, Wm r 107 West 4 st 212-M Bunker, GE r Hebron Center 524-J-12 Bunnell, Alfred J r 209 Beech 72-R Bunnell, Henry r 775 N Main 351-J Burdick, AR r Crandall Hill 548-R-1 Burdick, Arden J r 6 Ave A 615-J Burrows, Sam J r North Hollow 502-J-11 Burt, Lyman M r 802 S Main 572 Burt, Menzo M Mrs r 107 E 2 st 685 Butz, Wilson r 22 Ave B 74-M Campbell, Elmer E r Davidge 655-J Campbell, Jas H r Main 583-J Campbell, Jas P r Coudy RD5 21-J Campbell, Kathleen Mrs r 105 E 7 st 702-W Cane, HE r 203 Cartee 218 Carey, Albert F r 12 Ave A 227-R Carey, Horace H r 7th st 129-W Carey, Wm L r 205 Vine 670-M Carey's Dry Goods & Shoes... Carley, Harry L r Coudy 507-J-3 Carl's Texas Lunch... Carpenter, AJ r Coudy 524-R-2 Carpenter, CC r 316? Oak 169-W Carpenter, ER r 208? Beech 772 Carpenter, Mark L r Coudy RD2 524-R-3 Carpenter, Wells A r 104 Water 319-W Carpenter, Wm A r 307 S West 743 Carter, Clinton J r 104 Chestnut 400 Carts, Clifford B r 108 Allegany av 163 Case, Jas G r Coudy RD3 519-J-4 Castano, DJ r 601 N West 579-J Castano, Dominic J tlr 109 N East 596 Castano, Frank r 19 S Main 275-M Chastain, Laura Lyman Mrs drgst 2 E 2 st 20 Chastain, Laura Lyman Mrs r 402 N East 399 Chilson, Dayton r 11 East 48-J Chilson, Gilbert r Ave A 318-R Chilson, Lloyd O r Mill 269 Chilson, Mark r 412 Ross 125-W Chitester, Palmer R r 504 Maple 700 Clark, Addison H r E Maple 97-J Clark, LeRoy F r Coudy RD2 506-R-4 Clark, Lucille S r 410 Ross 125-J Clark, M Mrs r 710 West 177-R Clark, Milford r Coudy RD1 390-J-1 Clark, Ned P r Coudy RD1 606-J-2 Cline, Homer L r 601 S Main 281-J Cobb, Daniel H r Coudy RD4 576-R-1 Cobb, Diana M r 105 S Main 190 Colcord, MJ r 405 N Main 100-J Cole, Adna M r 407 N Main 781 Cole, Chas r 408 Mill 186-J Cole, Fred E r 10 Woodlawn av 703-J Conable, ED r Coudy 450-R-2 Conable, Reynold r Ford Hill 568-R-3 Conable, Richard r Ford Hill 568-R-11 Cook, Jas F Rev r 3 Borie 188-W Cook, Lula B Mrs r E 2 st 317-J Cook, Merle H r Coudy RD2 503-J-3 Cook, Sheffield S r 201 Cartee 138-R Cooper, Warren B r 409 Park av 131-M Coppersmith, LN r 302 Cartee 9-W Coppersmith's furn... Corey, Edwin r 410 Ross 599-W Corey, Glenn H r Coudy RD4 517-J-13 CostaJos S r 407 Oak 728 Costa's Electric Store... 10You and 9 others 8 Comments Like Comments Sue Mitchell ???? Mary Mitchell Like · Reply · 1w Beth Rice Tami Hood 1Like · Reply · 1w Tami Hood Sandy Dunn, Sharon Butler Traylor 1Like · Reply · 1w Sharon Butler Traylor Carl’s Texas lunch Carl Butler 1Like · Reply · 1w Dale Ulkins Sharon Butler Traylor I wanna call and get a hoagie to go. Like · Reply · 1w Sharon Butler Traylor Dale Ulkins get me one Like · Reply · 1w Dale Ulkins Sharon Butler Traylor Will do! Like · Reply · 1w Beth Rice i missed that one 1Like · Reply · 1w
		At least one living or private individual is linked to this item - Details withheld.
Will	Abt 1961	Coudersport, Potter, Pennsylvania, USA
	Area Man's Will Bequeaths Fund For New Hospital
Endowed (LDS)	Abt 1961	Coudersport, Potter, Pennsylvania, USA
	20181201HAv- Charles Cole Coudersport, Pennsylvania Area Man's Will Bequeaths Fund For New Hospital Area Man's Will Bequeaths Fund For New Hospital -- Coudersport -- A bequest was made by the late Charles Cole, 84, 408 Mill St, Coudersport, who died Feb. 25, 1961, in the Potter County Memorial Hospital, setting up a trust fund sufficient to construct and fully equip a new modern hospital in Coudersport or vicinity. Mr. Cole named his widow and Walter P. Wells, president judge of Potter County, trustees for the hospital fund. Senator James S. Berger will be named estate attorney, Judge Wells stated today. The contents of the will revealed that the Potter County Philanthropist desired "a fully equiped moodern hospital, suitable to the needs of the community, to be known as the 'Cole Memorial Hospital." The bequest also proves an endowment for the operation and maintenance of a charity ward in the institution. Mr. Cole had expressed his belief that the community needed a more suitable hospital and that the present two-story 48-bed capacity frame structure was inadequate for the community. Mr. Cole had traveled through-out the United States during his affiliation with the National Cash Register Company for many years and later with the International Business Machines. He had retired in 1926. _____________ 20181201HAv- Charles Cole $4,000,000 Cole Memorial Hospital 9 Jun 1961 Kane, Pennsylvania pamelavincent1 pamelavincent1 originally shared this on 09 Mar 2017 Linked To Charles Cole Saved by pamelavincent1 Saved by LARRY HERBSTRITT Comments Town Bequeathed $4,000,000 Legacy - Coudersport - H.H. Pett, president of the Potter County Memorial Hospital board at its annual meeting her, announced a legacy of $4,000,000 was bequeathed by the late Charles Cole, multi-millionaire Coudersport resident, for the construction and equipping of a modern hospital to serve Potter County. Any discussion of the new hospital is premature, Mr. Pett stated, because the Cole estate may not be settled for three or four years. Reactivated was the committee of: - Dr. George Mosch, - John Riggs (Rigas? -jcw), - Thomas Hessin, - Howard Glenn, and - James Ponder, named a year ago to investigate fund raising potentials and a site for a proposed new hospital building. Area Man's Will Bequeaths Fund For New Hospital
		Cole, Chas news will for hospital anc_pamelavincent1 20181201HAv- Charles Cole Coudersport, Pennsylvania Area Man's Will Bequeaths Fund For New Hospital pamelavincent1 pamelavincent1 originally shared this on 07 May 2011 Linked To Charles Cole Saved by eyesec Saved by pamelavincent1 Saved by BuchananSpringer64 Saved by gilbertsonc1 Saved by EMyRus77 Saved by suereese999 Comments Area Man's Will…
		Cole, Chas $4,000,000 Cole Mem Hosp anc_pamelavincent1 20181201HAv- Charles Cole $4,000,000 Cole Memorial Hospital 9 Jun 1961 Kane, Pennsylvania pamelavincent1 pamelavincent1 originally shared this on 09 Mar 2017 Linked To Charles Cole Saved by pamelavincent1 Saved by LARRY HERBSTRITT Comments Town Bequeathed $4,000,000 Legacy - Coudersport - H.H. Pett, president of the Potter County Memorial…
Death	25 Feb 1961	Coudersport, Potter, Pennsylvania, USA [1, 2, 3, 4]
	http://law.justia.com/cases/pennsylvania/supreme-court/1962/406-pa-81-0.html Justia › U.S. Law › Case Law › Pennsylvania Case Law › Supreme Court of Pennsylvania Decisions › 1962 › Cole v. Wells Cole v. Wells 406 Pa. 81 (1962) Cole, Appellant, v. Wells. Supreme Court of Pennsylvania. Argued November 20, 1961. January 2, 1962. 82 Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ. Miles Warner, with him Robert J. Flint, for appellant. S. Dale Furst, Jr., with him James S. Berger, Elton F. Carlson, and Furst, McCormick, Muir, Lynn & Reeder, for appellee. OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 2, 1962: 83 This is an appeal from a decree of the Court of Common Pleas of Potter County which dismissed a complaint in equity seeking discovery from the executor of a decedent's estate "of all facts and circumstances having to do with the execution of the instrument [decedent's last will] offered for probate". Charles Cole, 84 years of age, died on February 25, 1961 in Coudersport survived by his wife, Edith P. Cole, to whom he had been married in 1958, and two nephews, Frederick Cole (the appellant) and his brother, John Cole. It is estimated that the value of decedent's estate is $9,000,000. On March 4, 1961, Walter P. Wells, [appellee],[1] as executor under the alleged will, offered for probate to the Register of Wills of Potter County a four page instrument bearing date "this [2] day of October, 1958", the backer of which instrument bore the names "Hornburg, Andrews & Diggs", and had thereon the date August 13, 1953. The signature indicated the will had been signed during decedent's last illness. Under this will, inter alia, decedent's two nephews are each given a pecuniary legacy of $10,000 and a trust of the entire residuary estate created whereunder the widow receives a life interest and, upon the widow's death, the entire residuary estate is to be devoted to the erection and endowment of a memorial hospital. This instrument was probated as decedent's last will and letters testamentary[3] were issued to appellee. No appeal from this probate has been taken. 84 On May 17, 1961, appellant[4] caused a summons in equity to be issued in the Court of Common Pleas of Potter County. Six weeks later, having been ruled to do so by appellee, appellant filed a complaint in equity.[5] To this complaint appellee filed preliminary objections raising the following questions: (1) that there is no possible action at law or equity which forms the basis for a complaint in the form filed so that the complaint does not conform to any law or rule of court; (2) that the complaint is so permeated with surplusage and scandalous and impertinent matter that such surplusage and matter cannot be separated from the matter which is pertinent and relevant; (3) in the absence of an allegation of any cause of action in support of which discovery is sought, discovery will not lie; (4) in the absence of an allegation of any infringement of rights by appellee, discovery a collateral right to assist in the determination of other rights, will not lie. The court below entered a decree dismissing the complaint and from that decree this appeal has been taken. The rationale of the opinion of the court below is that appellant is trying to use discovery in the Common Pleas Court to garner information for a will contest and that appellant has "ample remedies in the Orphans' Court should its jurisdiction be properly invoked". The complaint consists of 27 paragraphs and attached to the complaint are 7 exhibits, 5 of which are items of correspondence between appellant, appellee or appellee's counsel and 2 of which relate to the notice 85 for and a schedule of taking of depositions. The first 9 paragraphs relate in detail much of the factual background previously set forth in this opinion: paragraph 10 avers that the will is irregular on its face in that the backer bears the date "August 13, 1953", the end of the will bears the blank date "this day of October, [1958]" and the signature indicates it was affixed during decedent's last illness (February, 1961). Paragraphs 11-14, inclusive, relate an interview between John Cole and appellee in February 1961 together with a letter (Exhibit A) from appellee to John Cole subsequent to such interview; two interviews in April 1961 between appellant's counsel and appellee, each interview followed by a letter from said counsel to appellee purporting to set forth what took place at each interview (Exhibits B, C) and a letter (Exhibit D) from appellee to appellant's counsel dated May 22, 1961. By reason of that which took place at these interviews, together with appellee's letter of May 22, 1961, appellant charges that appellee, who drew the will, withheld deliberately the fact that appellee had drawn the will and the fact that, during decedent's last illness, appellee had drawn a power of attorney from decedent to decedent's wife, and that appellee had refused to permit an inspection of not only the power of attorney but also several of decedent's insurance policies. As appellant avers the ". . . variances [illustrated by what took place at the interviews and what appellee stated in his letter of May 22, 1961] bear on the circumstances" of (1) the execution of the will, (2) the decedent's testamentary capacity, (3) the present whereabouts of decedent's prior will or wills, and (4) whether the will was executed within 30 days of decedent's death. Paragraph 15 avers that appellant's counsel concluded that the "circumstances suggested" that appellee had exerted undue influence in the execution of the will, that decedent lacked testamentary capacity and that the 86 will was executed during decedent's last illness and that in "the light of this conclusion" appellant instituted this action. According to the averments of this paragraph, the "initial purpose" of this action is: (a) to compel the disclosure of facts by appellee and certain other witnesses; (b) on discovery of such facts, to file an amended complaint setting forth such right of action as the facts show to exist; (c) to safeguard, by injunctive relief, documents, and other instruments; (d) to enjoin appellee from using his judicial office as a means of interference with witnesses; (e) to enforce appellee's duty of disclosure as executor. Paragraphs 16-24, inclusive, relate that appellant, under Rule 4007, Pa. R.C.P., had served notice on appellee and eight other witnesses for taking their depositions; that, thereafter, a conference took place between appellee, his counsel, appellant's counsel and counsel for decedent's widow and, as a result thereof, the time of taking depositions was continued to dates suggested by appellee and notice thereof was duly given; that later appellee notified appellant's counsel he would not be present for the taking of depositions; of the seven other witnesses subpoenaed, only three witnesses appeared. It is then charged "that the [appellee] had taken affirmative measures to counsel and procure their [the four witnesses'] absence . . ." Paragraph 25 avers that, unless appellant is quickly given the right to take depositions of appellee and these four witnesses, appellant "apprehends" that appellee will use his influence to confuse their recollection, to make them less available and will hinder by other means the taking of depositions. Paragraph 26 avers that appellant "apprehends" that appellee "intends to subvert and destroy" the utility of taking depositions by "inducing" the court "to sanction an irregular procedure under which the Court will sit ad hoc to make advisory rulings on matters of discovery while depositions 87 are actually under way". Paragraph 27 avers that appellant's remedies at law are inadequate, that he intends to take the depositions of another group of witnesses and that appellee's attempt to hinder the right of discovery may result in irreparable damage to appellant. The relief sought in this complaint is: (1) that appellee be enjoined from interfering with appellant's right of discovery; (2) that appellee be enjoined from "advising, counselling and procuring . . . witnesses. . . to disobey" the process of the court and not to appear for depositions; (3) that appellee be ordered to safeguard "all documents, instruments, papers, wills and other things, in his possession" having to do with the "person, property or estate" of decedent; (4) that appellee be ordered as executor to make a "full and frank disclosure" of all facts "having to do with the execution" of the will. The charges contained in this complaint directed to any person would be grave; when directed against one occupying a judicial position they are doubly grave. However, the gravity of such charges does not vest a court with jurisdiction to hear the charges if jurisdiction does not exist. Our problem is to ascertain whether the court below was correct in its conclusion that it did not have jurisdiction. To a suitor seeking discovery two methods are open: either under the Act of 1836, as extended,[6] or under Rule 4001 et seq. of Pa. R.C.P. It is far from clear on this record which method appellant has chosen. The Act of 1836 (Section 13), as extended, grants the power and jurisdiction of courts of chancery to courts of common pleas over: "III. The discovery of facts material to a just determination of issues, and other questions 88 arising or depending in the said courts". (Emphasis supplied) In O'Brien v. O'Brien, 362 Pa. 66, 70, 66 A.2d 309, Mr. Justice (later Chief Justice) STERN stated: "It is axiomatic that a bill for discovery in aid of an action or defense at law cannot be maintained if the action or the defense itself cannot be maintained; this is because a bill for discovery . . . is wholly an ancillary proceeding, and if the asserted claim is itself invalid a bill for discovery in support of it must necessarily fall on demurrer: [citing cases]." (Emphasis supplied) See also: Peoples City Bank v. John Hancock Mutual Life Ins. Co., 353 Pa. 123, 130, 131, 44 A.2d 514; Holland v. Hallahan, 211 Pa. 223, 226, 60 A. 735; Liegey v. Clearfield Textile Co., 149 Pa. Superior Ct. 433, 437, 438, 27 A.2d 545; Erb Estate, 11 Fiduc. Rep. 630. It is clear beyond doubt that the equitable power of a court of common pleas should not be exercised, under the Act of 1836, supra, in aid of discovery unless there is an action brought and pending. Absent such action brought and pending, discovery cannot be had. Pa. R.C.P. 4001(a) also makes evident that depositions can be taken only in connection with a pending action: "The rules of this chapter apply to any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules." (Emphasis supplied) Is there a pending action in the case at bar? The only action brought is the present equity suit which is an action to enforce the right of discovery and not an action to enforce any other right of appellant. Appellant argues that, once the facts are known, he may have either of two actions at law: (1) an action at law against appellee on the ground that he exerted undue influence on decedent either to make this will or not to change this will which deprived appellant of the right to a substantial inheritance (Mangold v. Neuman, 371 Pa. 496, 91 A.2d 904; Marshall v. DeHaven, 209 89 Pa. 187, 58 A. 141), or (2) an action at law to enforce a contract made between decedent and appellant that the former would provide for the latter generously in his will if the latter would remove to Coudersport and care for him. Furthermore, appellant can attack the validity of the will in the Orphans' Court or challenge in the same court the validity of the gift to the hospital. While all these actions are possibilities the fact remains that none has been instituted and none are pending. It is no answer that appellant does not know which, if any, to institute; action could be started and, if for the preparation of the pleadings, knowledge of more facts became necessary, then discovery could be had. Particularly apropos to what appellant is attempting to do is the language of this Court in Elk Brewing Co. v. Neubert, 213 Pa. 171, 176, 62 A. 782: "It is not open to doubt, however, that if discovery is used as a mere pretense to give jurisdiction, it would be a gross abuse to entertain a suit in equity when the whole foundation upon which it rests is either disproved or is shown to be a colorable disguise for the purpose of changing the forum of litigation . . ." In the present posture of this controversy discovery cannot be had. An examination of the complaint clearly reveals the ultimate purpose of appellant to be the institution of a will contest in the Orphans' Court. Paragraph 15 makes this crystal clear. It avers that as "a result of facts developed by investigation", appellant's counsel concluded "that the circumstances suggested" undue influence and lack of testamentary capacity and the likelihood that the will was executed during decedent's last illness. Then it is averred that "[i]n the light of this conclusion", the present action was instituted. As the court below stated: "Actually what the plaintiff here appears to be trying to do is to use discovery in Common Pleas to garner information for a 90 will contest. His allegations charging undue influence, lack of testamentary capacity, execution during thirty (30) days before death, and his wide and scattershot claims for discovery (or as he says in the concluding sentence of Paragraph 24-A of the Amended Complaint, `and all other facts and circumstances bearing on or affecting the validity of the testamentary disposition offered for probate on or about March 4, 1961') can have but one connotation that he is trying in every conceivable way to unearth information for a will contest. "`The orphans' court has exclusive jurisdiction over the settlement, administration and distribution of a decedent's estate.' Thomas v. Johnston, 356 Pa. 570, `The Register of Wills Act of 1917 . . . confers jurisdiction upon the register to probate wills. The Orphans' Court Act of 1917 . . . grants jurisdiction to the orphans' court in all appeals from the orders and decrees of the register. The remedy and method of procedure relating to probate and contest of wills being prescribed by these statutes, their provisions must be strictly pursued and exclusively applied (citing cases) . . .' Sheerin v. Beattie, 365 Pa. 510. `The court of common pleas even as a court of equity, cannot interfere in a matter within the exclusive jurisdiction of the orphans' court.' Trout v. Lukey, 402 Pa. 123. Even though the jurisdictional question is not raised by the preliminary objections, we are required to consider it. Trout v. Lukey, supra; Patterson's Estate, 341 Pa. 177. "It would indeed be an anomaly to allow discovery in a court which is without jurisdiction to hear the issues towards which such discovery is directed and in a proceeding which is ancillary in nature. Neither logic, nor an understanding of the procedure and nature of probate proceedings and will contests would sustain such an irregular proceeding. The decree of probate by the Register of Wills constitutes a judicial decree in 91 rem, which is conclusive upon all the world, and is not subject to collateral attack in the Court of Common Pleas, Mangold v. Neuman, 371 Pa. 496. A decree of probate may not be reversed or avoided collaterally in any other court, and is liable only to direct attack by appeal. Hunter Vol. 5, page 170. There are situations, as illustrated in Mangold v. Neuman, supra, which are outside the jurisdiction of a probate or orphans' court, but they are by their nature not an attack on the will itself, and hence, do not constitute an impeachment of the decree of probate. This is clearly not such a case, for the obvious end towards which this proceeding is directed is an attack upon the will itself and matters related thereto. "The Orphans' Court has `all legal and equitable powers required for or incidental to the exercise of its jurisdiction,' 20 P.S. Sec. 2080.304. `The court by general rule or special order, may prescribe the practice relating to depositions, discovery, and, production of the documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the local court of common pleas.' 20 P.S. Sec. 2080.742. Rule 6, Sec. 3, O.C. Supreme Court Rules also so provides. It should be clear, therefore, that plaintiff has ample remedies in the Orphans' Court should its jurisdiction be properly invoked." The court below wisely and properly dismissed this complaint. Discovery is a valuable right recognized as such by our courts for many years but discovery must not be allowed unless it is sought as a proceeding ancillary to a pending action and in the appropriate forum. Decree affirmed. Costs on appellant. NOTES [1] Walter P. Wells is now and for ten years has been the President Judge and only judge of the courts in Potter County. He disqualified himself and Judge Abraham H. Lipez was assigned by this Court to preside in this proceeding. [2] A blank appeared in the date. [3] Appellee and the widow were named under the will as executors and trustees. The widow renounced her rights as executrix in favor of the appellee. [4] Appellant, a nephew, alleges that in 1948 he and his family resided in California, that decedent requested that appellant and his family move to Coudersport and assured appellant that he and his family would be generously provided for in his will, that they did move to Coudersport and from that time until decedent's death cared for him. [5] In the meantime, appellant had filed notice of certain pretrial depositions to be taken of various persons, including appellee. [6] Act of June 16, 1836, P.L. 784 (17 PS § 282), as extended by the Act of February 14, 1857, P.L. 39, § 1 (17 PS § 283). It is to be noted that Rule 4023 did not suspend the Act of 1836. Age: 84 buried Eulalia Cemetery
Burial	27 Feb 1961	Eulalia Cemetery, Coudersport, Potter, Pennsylvania, USA [1, 2, 3, 4]
	http://law.justia.com/cases/pennsylvania/supreme-court/1962/406-pa-81-0.html Justia › U.S. Law › Case Law › Pennsylvania Case Law › Supreme Court of Pennsylvania Decisions › 1962 › Cole v. Wells Cole v. Wells 406 Pa. 81 (1962) Cole, Appellant, v. Wells. Supreme Court of Pennsylvania. Argued November 20, 1961. January 2, 1962. 82 Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ. Miles Warner, with him Robert J. Flint, for appellant. S. Dale Furst, Jr., with him James S. Berger, Elton F. Carlson, and Furst, McCormick, Muir, Lynn & Reeder, for appellee. OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 2, 1962: 83 This is an appeal from a decree of the Court of Common Pleas of Potter County which dismissed a complaint in equity seeking discovery from the executor of a decedent's estate "of all facts and circumstances having to do with the execution of the instrument [decedent's last will] offered for probate". Charles Cole, 84 years of age, died on February 25, 1961 in Coudersport survived by his wife, Edith P. Cole, to whom he had been married in 1958, and two nephews, Frederick Cole (the appellant) and his brother, John Cole. It is estimated that the value of decedent's estate is $9,000,000. On March 4, 1961, Walter P. Wells, [appellee],[1] as executor under the alleged will, offered for probate to the Register of Wills of Potter County a four page instrument bearing date "this [2] day of October, 1958", the backer of which instrument bore the names "Hornburg, Andrews & Diggs", and had thereon the date August 13, 1953. The signature indicated the will had been signed during decedent's last illness. Under this will, inter alia, decedent's two nephews are each given a pecuniary legacy of $10,000 and a trust of the entire residuary estate created whereunder the widow receives a life interest and, upon the widow's death, the entire residuary estate is to be devoted to the erection and endowment of a memorial hospital. This instrument was probated as decedent's last will and letters testamentary[3] were issued to appellee. No appeal from this probate has been taken. 84 On May 17, 1961, appellant[4] caused a summons in equity to be issued in the Court of Common Pleas of Potter County. Six weeks later, having been ruled to do so by appellee, appellant filed a complaint in equity.[5] To this complaint appellee filed preliminary objections raising the following questions: (1) that there is no possible action at law or equity which forms the basis for a complaint in the form filed so that the complaint does not conform to any law or rule of court; (2) that the complaint is so permeated with surplusage and scandalous and impertinent matter that such surplusage and matter cannot be separated from the matter which is pertinent and relevant; (3) in the absence of an allegation of any cause of action in support of which discovery is sought, discovery will not lie; (4) in the absence of an allegation of any infringement of rights by appellee, discovery a collateral right to assist in the determination of other rights, will not lie. The court below entered a decree dismissing the complaint and from that decree this appeal has been taken. The rationale of the opinion of the court below is that appellant is trying to use discovery in the Common Pleas Court to garner information for a will contest and that appellant has "ample remedies in the Orphans' Court should its jurisdiction be properly invoked". The complaint consists of 27 paragraphs and attached to the complaint are 7 exhibits, 5 of which are items of correspondence between appellant, appellee or appellee's counsel and 2 of which relate to the notice 85 for and a schedule of taking of depositions. The first 9 paragraphs relate in detail much of the factual background previously set forth in this opinion: paragraph 10 avers that the will is irregular on its face in that the backer bears the date "August 13, 1953", the end of the will bears the blank date "this day of October, [1958]" and the signature indicates it was affixed during decedent's last illness (February, 1961). Paragraphs 11-14, inclusive, relate an interview between John Cole and appellee in February 1961 together with a letter (Exhibit A) from appellee to John Cole subsequent to such interview; two interviews in April 1961 between appellant's counsel and appellee, each interview followed by a letter from said counsel to appellee purporting to set forth what took place at each interview (Exhibits B, C) and a letter (Exhibit D) from appellee to appellant's counsel dated May 22, 1961. By reason of that which took place at these interviews, together with appellee's letter of May 22, 1961, appellant charges that appellee, who drew the will, withheld deliberately the fact that appellee had drawn the will and the fact that, during decedent's last illness, appellee had drawn a power of attorney from decedent to decedent's wife, and that appellee had refused to permit an inspection of not only the power of attorney but also several of decedent's insurance policies. As appellant avers the ". . . variances [illustrated by what took place at the interviews and what appellee stated in his letter of May 22, 1961] bear on the circumstances" of (1) the execution of the will, (2) the decedent's testamentary capacity, (3) the present whereabouts of decedent's prior will or wills, and (4) whether the will was executed within 30 days of decedent's death. Paragraph 15 avers that appellant's counsel concluded that the "circumstances suggested" that appellee had exerted undue influence in the execution of the will, that decedent lacked testamentary capacity and that the 86 will was executed during decedent's last illness and that in "the light of this conclusion" appellant instituted this action. According to the averments of this paragraph, the "initial purpose" of this action is: (a) to compel the disclosure of facts by appellee and certain other witnesses; (b) on discovery of such facts, to file an amended complaint setting forth such right of action as the facts show to exist; (c) to safeguard, by injunctive relief, documents, and other instruments; (d) to enjoin appellee from using his judicial office as a means of interference with witnesses; (e) to enforce appellee's duty of disclosure as executor. Paragraphs 16-24, inclusive, relate that appellant, under Rule 4007, Pa. R.C.P., had served notice on appellee and eight other witnesses for taking their depositions; that, thereafter, a conference took place between appellee, his counsel, appellant's counsel and counsel for decedent's widow and, as a result thereof, the time of taking depositions was continued to dates suggested by appellee and notice thereof was duly given; that later appellee notified appellant's counsel he would not be present for the taking of depositions; of the seven other witnesses subpoenaed, only three witnesses appeared. It is then charged "that the [appellee] had taken affirmative measures to counsel and procure their [the four witnesses'] absence . . ." Paragraph 25 avers that, unless appellant is quickly given the right to take depositions of appellee and these four witnesses, appellant "apprehends" that appellee will use his influence to confuse their recollection, to make them less available and will hinder by other means the taking of depositions. Paragraph 26 avers that appellant "apprehends" that appellee "intends to subvert and destroy" the utility of taking depositions by "inducing" the court "to sanction an irregular procedure under which the Court will sit ad hoc to make advisory rulings on matters of discovery while depositions 87 are actually under way". Paragraph 27 avers that appellant's remedies at law are inadequate, that he intends to take the depositions of another group of witnesses and that appellee's attempt to hinder the right of discovery may result in irreparable damage to appellant. The relief sought in this complaint is: (1) that appellee be enjoined from interfering with appellant's right of discovery; (2) that appellee be enjoined from "advising, counselling and procuring . . . witnesses. . . to disobey" the process of the court and not to appear for depositions; (3) that appellee be ordered to safeguard "all documents, instruments, papers, wills and other things, in his possession" having to do with the "person, property or estate" of decedent; (4) that appellee be ordered as executor to make a "full and frank disclosure" of all facts "having to do with the execution" of the will. The charges contained in this complaint directed to any person would be grave; when directed against one occupying a judicial position they are doubly grave. However, the gravity of such charges does not vest a court with jurisdiction to hear the charges if jurisdiction does not exist. Our problem is to ascertain whether the court below was correct in its conclusion that it did not have jurisdiction. To a suitor seeking discovery two methods are open: either under the Act of 1836, as extended,[6] or under Rule 4001 et seq. of Pa. R.C.P. It is far from clear on this record which method appellant has chosen. The Act of 1836 (Section 13), as extended, grants the power and jurisdiction of courts of chancery to courts of common pleas over: "III. The discovery of facts material to a just determination of issues, and other questions 88 arising or depending in the said courts". (Emphasis supplied) In O'Brien v. O'Brien, 362 Pa. 66, 70, 66 A.2d 309, Mr. Justice (later Chief Justice) STERN stated: "It is axiomatic that a bill for discovery in aid of an action or defense at law cannot be maintained if the action or the defense itself cannot be maintained; this is because a bill for discovery . . . is wholly an ancillary proceeding, and if the asserted claim is itself invalid a bill for discovery in support of it must necessarily fall on demurrer: [citing cases]." (Emphasis supplied) See also: Peoples City Bank v. John Hancock Mutual Life Ins. Co., 353 Pa. 123, 130, 131, 44 A.2d 514; Holland v. Hallahan, 211 Pa. 223, 226, 60 A. 735; Liegey v. Clearfield Textile Co., 149 Pa. Superior Ct. 433, 437, 438, 27 A.2d 545; Erb Estate, 11 Fiduc. Rep. 630. It is clear beyond doubt that the equitable power of a court of common pleas should not be exercised, under the Act of 1836, supra, in aid of discovery unless there is an action brought and pending. Absent such action brought and pending, discovery cannot be had. Pa. R.C.P. 4001(a) also makes evident that depositions can be taken only in connection with a pending action: "The rules of this chapter apply to any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules." (Emphasis supplied) Is there a pending action in the case at bar? The only action brought is the present equity suit which is an action to enforce the right of discovery and not an action to enforce any other right of appellant. Appellant argues that, once the facts are known, he may have either of two actions at law: (1) an action at law against appellee on the ground that he exerted undue influence on decedent either to make this will or not to change this will which deprived appellant of the right to a substantial inheritance (Mangold v. Neuman, 371 Pa. 496, 91 A.2d 904; Marshall v. DeHaven, 209 89 Pa. 187, 58 A. 141), or (2) an action at law to enforce a contract made between decedent and appellant that the former would provide for the latter generously in his will if the latter would remove to Coudersport and care for him. Furthermore, appellant can attack the validity of the will in the Orphans' Court or challenge in the same court the validity of the gift to the hospital. While all these actions are possibilities the fact remains that none has been instituted and none are pending. It is no answer that appellant does not know which, if any, to institute; action could be started and, if for the preparation of the pleadings, knowledge of more facts became necessary, then discovery could be had. Particularly apropos to what appellant is attempting to do is the language of this Court in Elk Brewing Co. v. Neubert, 213 Pa. 171, 176, 62 A. 782: "It is not open to doubt, however, that if discovery is used as a mere pretense to give jurisdiction, it would be a gross abuse to entertain a suit in equity when the whole foundation upon which it rests is either disproved or is shown to be a colorable disguise for the purpose of changing the forum of litigation . . ." In the present posture of this controversy discovery cannot be had. An examination of the complaint clearly reveals the ultimate purpose of appellant to be the institution of a will contest in the Orphans' Court. Paragraph 15 makes this crystal clear. It avers that as "a result of facts developed by investigation", appellant's counsel concluded "that the circumstances suggested" undue influence and lack of testamentary capacity and the likelihood that the will was executed during decedent's last illness. Then it is averred that "[i]n the light of this conclusion", the present action was instituted. As the court below stated: "Actually what the plaintiff here appears to be trying to do is to use discovery in Common Pleas to garner information for a 90 will contest. His allegations charging undue influence, lack of testamentary capacity, execution during thirty (30) days before death, and his wide and scattershot claims for discovery (or as he says in the concluding sentence of Paragraph 24-A of the Amended Complaint, `and all other facts and circumstances bearing on or affecting the validity of the testamentary disposition offered for probate on or about March 4, 1961') can have but one connotation that he is trying in every conceivable way to unearth information for a will contest. "`The orphans' court has exclusive jurisdiction over the settlement, administration and distribution of a decedent's estate.' Thomas v. Johnston, 356 Pa. 570, `The Register of Wills Act of 1917 . . . confers jurisdiction upon the register to probate wills. The Orphans' Court Act of 1917 . . . grants jurisdiction to the orphans' court in all appeals from the orders and decrees of the register. The remedy and method of procedure relating to probate and contest of wills being prescribed by these statutes, their provisions must be strictly pursued and exclusively applied (citing cases) . . .' Sheerin v. Beattie, 365 Pa. 510. `The court of common pleas even as a court of equity, cannot interfere in a matter within the exclusive jurisdiction of the orphans' court.' Trout v. Lukey, 402 Pa. 123. Even though the jurisdictional question is not raised by the preliminary objections, we are required to consider it. Trout v. Lukey, supra; Patterson's Estate, 341 Pa. 177. "It would indeed be an anomaly to allow discovery in a court which is without jurisdiction to hear the issues towards which such discovery is directed and in a proceeding which is ancillary in nature. Neither logic, nor an understanding of the procedure and nature of probate proceedings and will contests would sustain such an irregular proceeding. The decree of probate by the Register of Wills constitutes a judicial decree in 91 rem, which is conclusive upon all the world, and is not subject to collateral attack in the Court of Common Pleas, Mangold v. Neuman, 371 Pa. 496. A decree of probate may not be reversed or avoided collaterally in any other court, and is liable only to direct attack by appeal. Hunter Vol. 5, page 170. There are situations, as illustrated in Mangold v. Neuman, supra, which are outside the jurisdiction of a probate or orphans' court, but they are by their nature not an attack on the will itself, and hence, do not constitute an impeachment of the decree of probate. This is clearly not such a case, for the obvious end towards which this proceeding is directed is an attack upon the will itself and matters related thereto. "The Orphans' Court has `all legal and equitable powers required for or incidental to the exercise of its jurisdiction,' 20 P.S. Sec. 2080.304. `The court by general rule or special order, may prescribe the practice relating to depositions, discovery, and, production of the documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the local court of common pleas.' 20 P.S. Sec. 2080.742. Rule 6, Sec. 3, O.C. Supreme Court Rules also so provides. It should be clear, therefore, that plaintiff has ample remedies in the Orphans' Court should its jurisdiction be properly invoked." The court below wisely and properly dismissed this complaint. Discovery is a valuable right recognized as such by our courts for many years but discovery must not be allowed unless it is sought as a proceeding ancillary to a pending action and in the appropriate forum. Decree affirmed. Costs on appellant. NOTES [1] Walter P. Wells is now and for ten years has been the President Judge and only judge of the courts in Potter County. He disqualified himself and Judge Abraham H. Lipez was assigned by this Court to preside in this proceeding. [2] A blank appeared in the date. [3] Appellee and the widow were named under the will as executors and trustees. The widow renounced her rights as executrix in favor of the appellee. [4] Appellant, a nephew, alleges that in 1948 he and his family resided in California, that decedent requested that appellant and his family move to Coudersport and assured appellant that he and his family would be generously provided for in his will, that they did move to Coudersport and from that time until decedent's death cared for him. [5] In the meantime, appellant had filed notice of certain pretrial depositions to be taken of various persons, including appellee. [6] Act of June 16, 1836, P.L. 784 (17 PS § 282), as extended by the Act of February 14, 1857, P.L. 39, § 1 (17 PS § 283). It is to be noted that Rule 4023 did not suspend the Act of 1836. Charles Cole Birth: Jun. 9, 1876 Pennsylvania, USA Death: Feb. 25, 1961 Family links: Parents: Lewis Barnum Cole (1843 - 1907) Delila Koon Cole (1847 - 1925) Siblings: Blanche B Cole (1868 - 1958)* Frederick Burnum Cole (1872 - 1938)* Charles Cole (1876 - 1961) *Calculated relationship Burial: Eulalia Cemetery Coudersport, Potter County Pennsylvania, USA Created by: Law-Miller Roots Record added: Apr 22, 2009 Find A Grave Memorial# 36208074 Age: 84 buried Eulalia Cemetery
Obituary	Mar 1961	Coudersport, Potter, Pennsylvania, USA
	20181201HAv- Charles Cole Memorial Hospital Posted 09 May 2011 by pamelavincent1 Charles Cole was born in June of 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, NY. His later association with John Patterson, then President of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Mr. Cole as a salesman. He enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines or IBM. By late 1920, Mr. Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth and upon his death in 1961, the extent of his fortune became known. Mr. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Charles Cole Memorial Hospital was opened in September 1967. Mrs. Cole later was married to a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the Hospital until their death in the 1990s. Many of the new buildings including the Irwin Rehabilitation Center and the Irwin Medical Arts Center have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future. Charles Cole obituary 1961 Charles Cole- new modern hospital for Coudersport community March 1961 Charles Cole Memorial Hospital Charles Cole Memorial Hospital gilbertsonc1 gilbertsonc1 originally shared this on 15 Feb 2009 Linked To Charles Cole Saved by pamelavincent1 Saved by BuchananSpringer64 Saved by gilbertsonc1 Saved by EMyRus77 Saved by Thomas Wetmore Comments 20210217HAv- Lanny Nunn 15 Fevruary 2021 · Coudersport... Charles Cole - Maxine Shear at 408 Mill Street, Coudersport Comments Ken Cole Great Uncle Charles, at the house @ 408 Mill St. The Shear house is in the background. · Reply · 2d Angela Howard Ken Cole Wish there was a pic of the house at 408 Mill St. We lived there too. Grigsbys · Reply · 2d Linda Setzer Cole Lohr Oh WOW that's awesome! I wonder how old they were or the year...? So young!! · Reply · 2d Mike Thierfelder Maybe 1935 plus or minus a couple? · Reply · 2d Robert Hau Tom Shears mother I guess it would be Charlie Coles dad or uncle. · Reply · 2d Ken Cole Right Bob, our fathers Uncle. · Reply · 1d Brenda Kenealy Williams What a super picture · Reply · 2d Don Betz wow · Reply · 2d Georgiana Gillon Kiely WOW That was awhile ago · Reply · 2d Gretchen Songster Great photo!! · Reply · 1d Paul Lynn Gardner Many of us knew Maxine, maybe a few knew Charles. Love the photo. · Reply · 1d Linda Setzer Cole Lohr Paul Lynn Gardner Maxine looks like 10 or 12 years old. · Reply · 1d Linda Marie I worked for Maxine at the Ice Mine summers through high school. Very nice to work for treated me like a daughter. · Reply · 23h Linda Setzer Cole Lohr Awesome car in the background too. · Reply · 1d Joanne Regg Simmons The benefacter (Charles Cole) of the Coudersport, Pa.Hospital. Nice photo.???????? · Reply · 1d Richard Neefe Great post Lanny. · Reply · 1d Netra Magill Baker Oh my · Reply · 1d Deb Bliss Plummer Laurie Shear · Reply · 1d Millie Jones Charles Cole ~ was he a physician or a politician ???? · Reply · 1d Ken Cole Neither. He was just a local philanthropist who sold IBM machines in the early days & had enough sense to buy stock in the company. · Reply · 1d Millie Jones Ken Cole Thanks I always thought he was a physician & I am 83 & old enough to remember the ‘old small’ Coudersport Hospital ... My daughter-in-law has been @ Charles Cole Memorial about 42 years plus ... · Reply · 1d Ken Cole My mother, Nettie, was a nurse there, old & new hospitals, for about 30 years, I believe. · Reply · 7h Write a reply… Lugene Clara Heimel Paul and I now live in the Shear home which we purchased in the late 1980's. · Reply · 1d Paul Lynn Gardner Upon his death, Charles Cole bequeathed $6,000,000 to the community, replacing the Potter County Memorial Hospital. That hospital has since been expanded to the campus we see today. · Reply · 23h Paul W. Heimel Paul Lynn Gardner Do you have any knowledge as to the particulars of that bequest when it came to providing health care to the poor? Was there a fund established to ensure that his wishes were honored? I have always heard that but, so many years later and with the UPMC merger, I've heard little mention of that. · Reply · 21h Mary Durst Paul W. Heimel , I also had that understanding, but I believe that, like the government, over the years, adminitrators at the hospital saw fit to use that fund for more important things. · Reply · 11h Paul Lynn Gardner Paul W. Heimel I personally didn’t know Charles Cole, however his widow was known to many of us in the 1960s after the “big news” broke. Ken Cole can probably confirm this, but knowledge of his wealth wasn’t revealed until his death and everyone said that Charley himself didn’t even know how much he was worth. All I remember was that it was big news to this humble community. I do not recall anything being said of “health care to the poor”, but instead simply building a new hospital took the headlines. Since moving to Blair County, I coincidentally have come to know the third generation of the family “JC Orr” that built the original hospital in Coudersport. Joseph Orr III remembers traveling to Coudersport in the ‘60s with his grandfather during the construction. Joe III has since taken over the business and has contracted some of the recent improvements to the hospital. They also did rehab work on the Iron Bridge behind the Consistory. Checking out the hospital website, I found the following: “Charles Cole was born in June 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, N.Y. His association with John Patterson, then president of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Cole as a salesman. Cole enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines, or IBM. By late 1920, Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth until his death in 1961, when the extent of his fortune became known. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Cole Memorial opened in September 1967. Mrs. Cole later married a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the hospital until their deaths in the 1990s. Many of the new buildings, including the Irwin Rehabilitation Center and the Irwin Medical Arts Center, have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future.” · Reply · 10h Write a reply… James Mitchell Maxine is my aunt and my mothers side. My mother is a Shear · Reply · 20h William Fricke James Mitchell That's Alice's old house. · Reply · 13h Write a reply…
		Cole, Chas w Maxine Shear 408MillSt FB210215LNCou 20210217HAv- Lanny Nunn 15 Fevruary 2021 · Coudersport... Charles Cole - Maxine Shear at 408 Mill Street, Coudersport Comments Ken Cole Great Uncle Charles, at the house @ 408 Mill St. The Shear house is in the background. · Reply · 2d Angela Howard Ken Cole Wish there was a pic of the house at 408 Mill St. We lived there too. Grigsbys ·…
litigation	20 Nov 1961	Harrisburg, Dauphin, Pennsylvania, USA
	Supreme Court of Pennsylvania. Cole, Appellant, v. Wells.
	http://law.justia.com/cases/pennsylvania/supreme-court/1962/406-pa-81-0.html Justia › U.S. Law › Case Law › Pennsylvania Case Law › Supreme Court of Pennsylvania Decisions › 1962 › Cole v. Wells Cole v. Wells 406 Pa. 81 (1962) Cole, Appellant, v. Wells. Supreme Court of Pennsylvania. Argued November 20, 1961. January 2, 1962. 82 Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ. Miles Warner, with him Robert J. Flint, for appellant. S. Dale Furst, Jr., with him James S. Berger, Elton F. Carlson, and Furst, McCormick, Muir, Lynn & Reeder, for appellee. OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 2, 1962: 83 This is an appeal from a decree of the Court of Common Pleas of Potter County which dismissed a complaint in equity seeking discovery from the executor of a decedent's estate "of all facts and circumstances having to do with the execution of the instrument [decedent's last will] offered for probate". Charles Cole, 84 years of age, died on February 25, 1961 in Coudersport survived by his wife, Edith P. Cole, to whom he had been married in 1958, and two nephews, Frederick Cole (the appellant) and his brother, John Cole. It is estimated that the value of decedent's estate is $9,000,000. On March 4, 1961, Walter P. Wells, [appellee],[1] as executor under the alleged will, offered for probate to the Register of Wills of Potter County a four page instrument bearing date "this [2] day of October, 1958", the backer of which instrument bore the names "Hornburg, Andrews & Diggs", and had thereon the date August 13, 1953. The signature indicated the will had been signed during decedent's last illness. Under this will, inter alia, decedent's two nephews are each given a pecuniary legacy of $10,000 and a trust of the entire residuary estate created whereunder the widow receives a life interest and, upon the widow's death, the entire residuary estate is to be devoted to the erection and endowment of a memorial hospital. This instrument was probated as decedent's last will and letters testamentary[3] were issued to appellee. No appeal from this probate has been taken. 84 On May 17, 1961, appellant[4] caused a summons in equity to be issued in the Court of Common Pleas of Potter County. Six weeks later, having been ruled to do so by appellee, appellant filed a complaint in equity.[5] To this complaint appellee filed preliminary objections raising the following questions: (1) that there is no possible action at law or equity which forms the basis for a complaint in the form filed so that the complaint does not conform to any law or rule of court; (2) that the complaint is so permeated with surplusage and scandalous and impertinent matter that such surplusage and matter cannot be separated from the matter which is pertinent and relevant; (3) in the absence of an allegation of any cause of action in support of which discovery is sought, discovery will not lie; (4) in the absence of an allegation of any infringement of rights by appellee, discovery a collateral right to assist in the determination of other rights, will not lie. The court below entered a decree dismissing the complaint and from that decree this appeal has been taken. The rationale of the opinion of the court below is that appellant is trying to use discovery in the Common Pleas Court to garner information for a will contest and that appellant has "ample remedies in the Orphans' Court should its jurisdiction be properly invoked". The complaint consists of 27 paragraphs and attached to the complaint are 7 exhibits, 5 of which are items of correspondence between appellant, appellee or appellee's counsel and 2 of which relate to the notice 85 for and a schedule of taking of depositions. The first 9 paragraphs relate in detail much of the factual background previously set forth in this opinion: paragraph 10 avers that the will is irregular on its face in that the backer bears the date "August 13, 1953", the end of the will bears the blank date "this day of October, [1958]" and the signature indicates it was affixed during decedent's last illness (February, 1961). Paragraphs 11-14, inclusive, relate an interview between John Cole and appellee in February 1961 together with a letter (Exhibit A) from appellee to John Cole subsequent to such interview; two interviews in April 1961 between appellant's counsel and appellee, each interview followed by a letter from said counsel to appellee purporting to set forth what took place at each interview (Exhibits B, C) and a letter (Exhibit D) from appellee to appellant's counsel dated May 22, 1961. By reason of that which took place at these interviews, together with appellee's letter of May 22, 1961, appellant charges that appellee, who drew the will, withheld deliberately the fact that appellee had drawn the will and the fact that, during decedent's last illness, appellee had drawn a power of attorney from decedent to decedent's wife, and that appellee had refused to permit an inspection of not only the power of attorney but also several of decedent's insurance policies. As appellant avers the ". . . variances [illustrated by what took place at the interviews and what appellee stated in his letter of May 22, 1961] bear on the circumstances" of (1) the execution of the will, (2) the decedent's testamentary capacity, (3) the present whereabouts of decedent's prior will or wills, and (4) whether the will was executed within 30 days of decedent's death. Paragraph 15 avers that appellant's counsel concluded that the "circumstances suggested" that appellee had exerted undue influence in the execution of the will, that decedent lacked testamentary capacity and that the 86 will was executed during decedent's last illness and that in "the light of this conclusion" appellant instituted this action. According to the averments of this paragraph, the "initial purpose" of this action is: (a) to compel the disclosure of facts by appellee and certain other witnesses; (b) on discovery of such facts, to file an amended complaint setting forth such right of action as the facts show to exist; (c) to safeguard, by injunctive relief, documents, and other instruments; (d) to enjoin appellee from using his judicial office as a means of interference with witnesses; (e) to enforce appellee's duty of disclosure as executor. Paragraphs 16-24, inclusive, relate that appellant, under Rule 4007, Pa. R.C.P., had served notice on appellee and eight other witnesses for taking their depositions; that, thereafter, a conference took place between appellee, his counsel, appellant's counsel and counsel for decedent's widow and, as a result thereof, the time of taking depositions was continued to dates suggested by appellee and notice thereof was duly given; that later appellee notified appellant's counsel he would not be present for the taking of depositions; of the seven other witnesses subpoenaed, only three witnesses appeared. It is then charged "that the [appellee] had taken affirmative measures to counsel and procure their [the four witnesses'] absence . . ." Paragraph 25 avers that, unless appellant is quickly given the right to take depositions of appellee and these four witnesses, appellant "apprehends" that appellee will use his influence to confuse their recollection, to make them less available and will hinder by other means the taking of depositions. Paragraph 26 avers that appellant "apprehends" that appellee "intends to subvert and destroy" the utility of taking depositions by "inducing" the court "to sanction an irregular procedure under which the Court will sit ad hoc to make advisory rulings on matters of discovery while depositions 87 are actually under way". Paragraph 27 avers that appellant's remedies at law are inadequate, that he intends to take the depositions of another group of witnesses and that appellee's attempt to hinder the right of discovery may result in irreparable damage to appellant. The relief sought in this complaint is: (1) that appellee be enjoined from interfering with appellant's right of discovery; (2) that appellee be enjoined from "advising, counselling and procuring . . . witnesses. . . to disobey" the process of the court and not to appear for depositions; (3) that appellee be ordered to safeguard "all documents, instruments, papers, wills and other things, in his possession" having to do with the "person, property or estate" of decedent; (4) that appellee be ordered as executor to make a "full and frank disclosure" of all facts "having to do with the execution" of the will. The charges contained in this complaint directed to any person would be grave; when directed against one occupying a judicial position they are doubly grave. However, the gravity of such charges does not vest a court with jurisdiction to hear the charges if jurisdiction does not exist. Our problem is to ascertain whether the court below was correct in its conclusion that it did not have jurisdiction. To a suitor seeking discovery two methods are open: either under the Act of 1836, as extended,[6] or under Rule 4001 et seq. of Pa. R.C.P. It is far from clear on this record which method appellant has chosen. The Act of 1836 (Section 13), as extended, grants the power and jurisdiction of courts of chancery to courts of common pleas over: "III. The discovery of facts material to a just determination of issues, and other questions 88 arising or depending in the said courts". (Emphasis supplied) In O'Brien v. O'Brien, 362 Pa. 66, 70, 66 A.2d 309, Mr. Justice (later Chief Justice) STERN stated: "It is axiomatic that a bill for discovery in aid of an action or defense at law cannot be maintained if the action or the defense itself cannot be maintained; this is because a bill for discovery . . . is wholly an ancillary proceeding, and if the asserted claim is itself invalid a bill for discovery in support of it must necessarily fall on demurrer: [citing cases]." (Emphasis supplied) See also: Peoples City Bank v. John Hancock Mutual Life Ins. Co., 353 Pa. 123, 130, 131, 44 A.2d 514; Holland v. Hallahan, 211 Pa. 223, 226, 60 A. 735; Liegey v. Clearfield Textile Co., 149 Pa. Superior Ct. 433, 437, 438, 27 A.2d 545; Erb Estate, 11 Fiduc. Rep. 630. It is clear beyond doubt that the equitable power of a court of common pleas should not be exercised, under the Act of 1836, supra, in aid of discovery unless there is an action brought and pending. Absent such action brought and pending, discovery cannot be had. Pa. R.C.P. 4001(a) also makes evident that depositions can be taken only in connection with a pending action: "The rules of this chapter apply to any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules." (Emphasis supplied) Is there a pending action in the case at bar? The only action brought is the present equity suit which is an action to enforce the right of discovery and not an action to enforce any other right of appellant. Appellant argues that, once the facts are known, he may have either of two actions at law: (1) an action at law against appellee on the ground that he exerted undue influence on decedent either to make this will or not to change this will which deprived appellant of the right to a substantial inheritance (Mangold v. Neuman, 371 Pa. 496, 91 A.2d 904; Marshall v. DeHaven, 209 89 Pa. 187, 58 A. 141), or (2) an action at law to enforce a contract made between decedent and appellant that the former would provide for the latter generously in his will if the latter would remove to Coudersport and care for him. Furthermore, appellant can attack the validity of the will in the Orphans' Court or challenge in the same court the validity of the gift to the hospital. While all these actions are possibilities the fact remains that none has been instituted and none are pending. It is no answer that appellant does not know which, if any, to institute; action could be started and, if for the preparation of the pleadings, knowledge of more facts became necessary, then discovery could be had. Particularly apropos to what appellant is attempting to do is the language of this Court in Elk Brewing Co. v. Neubert, 213 Pa. 171, 176, 62 A. 782: "It is not open to doubt, however, that if discovery is used as a mere pretense to give jurisdiction, it would be a gross abuse to entertain a suit in equity when the whole foundation upon which it rests is either disproved or is shown to be a colorable disguise for the purpose of changing the forum of litigation . . ." In the present posture of this controversy discovery cannot be had. An examination of the complaint clearly reveals the ultimate purpose of appellant to be the institution of a will contest in the Orphans' Court. Paragraph 15 makes this crystal clear. It avers that as "a result of facts developed by investigation", appellant's counsel concluded "that the circumstances suggested" undue influence and lack of testamentary capacity and the likelihood that the will was executed during decedent's last illness. Then it is averred that "[i]n the light of this conclusion", the present action was instituted. As the court below stated: "Actually what the plaintiff here appears to be trying to do is to use discovery in Common Pleas to garner information for a 90 will contest. His allegations charging undue influence, lack of testamentary capacity, execution during thirty (30) days before death, and his wide and scattershot claims for discovery (or as he says in the concluding sentence of Paragraph 24-A of the Amended Complaint, `and all other facts and circumstances bearing on or affecting the validity of the testamentary disposition offered for probate on or about March 4, 1961') can have but one connotation that he is trying in every conceivable way to unearth information for a will contest. "`The orphans' court has exclusive jurisdiction over the settlement, administration and distribution of a decedent's estate.' Thomas v. Johnston, 356 Pa. 570, `The Register of Wills Act of 1917 . . . confers jurisdiction upon the register to probate wills. The Orphans' Court Act of 1917 . . . grants jurisdiction to the orphans' court in all appeals from the orders and decrees of the register. The remedy and method of procedure relating to probate and contest of wills being prescribed by these statutes, their provisions must be strictly pursued and exclusively applied (citing cases) . . .' Sheerin v. Beattie, 365 Pa. 510. `The court of common pleas even as a court of equity, cannot interfere in a matter within the exclusive jurisdiction of the orphans' court.' Trout v. Lukey, 402 Pa. 123. Even though the jurisdictional question is not raised by the preliminary objections, we are required to consider it. Trout v. Lukey, supra; Patterson's Estate, 341 Pa. 177. "It would indeed be an anomaly to allow discovery in a court which is without jurisdiction to hear the issues towards which such discovery is directed and in a proceeding which is ancillary in nature. Neither logic, nor an understanding of the procedure and nature of probate proceedings and will contests would sustain such an irregular proceeding. The decree of probate by the Register of Wills constitutes a judicial decree in 91 rem, which is conclusive upon all the world, and is not subject to collateral attack in the Court of Common Pleas, Mangold v. Neuman, 371 Pa. 496. A decree of probate may not be reversed or avoided collaterally in any other court, and is liable only to direct attack by appeal. Hunter Vol. 5, page 170. There are situations, as illustrated in Mangold v. Neuman, supra, which are outside the jurisdiction of a probate or orphans' court, but they are by their nature not an attack on the will itself, and hence, do not constitute an impeachment of the decree of probate. This is clearly not such a case, for the obvious end towards which this proceeding is directed is an attack upon the will itself and matters related thereto. "The Orphans' Court has `all legal and equitable powers required for or incidental to the exercise of its jurisdiction,' 20 P.S. Sec. 2080.304. `The court by general rule or special order, may prescribe the practice relating to depositions, discovery, and, production of the documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the local court of common pleas.' 20 P.S. Sec. 2080.742. Rule 6, Sec. 3, O.C. Supreme Court Rules also so provides. It should be clear, therefore, that plaintiff has ample remedies in the Orphans' Court should its jurisdiction be properly invoked." The court below wisely and properly dismissed this complaint. Discovery is a valuable right recognized as such by our courts for many years but discovery must not be allowed unless it is sought as a proceeding ancillary to a pending action and in the appropriate forum. Decree affirmed. Costs on appellant. NOTES [1] Walter P. Wells is now and for ten years has been the President Judge and only judge of the courts in Potter County. He disqualified himself and Judge Abraham H. Lipez was assigned by this Court to preside in this proceeding. [2] A blank appeared in the date. [3] Appellee and the widow were named under the will as executors and trustees. The widow renounced her rights as executrix in favor of the appellee. [4] Appellant, a nephew, alleges that in 1948 he and his family resided in California, that decedent requested that appellant and his family move to Coudersport and assured appellant that he and his family would be generously provided for in his will, that they did move to Coudersport and from that time until decedent's death cared for him. [5] In the meantime, appellant had filed notice of certain pretrial depositions to be taken of various persons, including appellee. [6] Act of June 16, 1836, P.L. 784 (17 PS § 282), as extended by the Act of February 14, 1857, P.L. 39, § 1 (17 PS § 283). It is to be noted that Rule 4023 did not suspend the Act of 1836.
Race	White [4, 5, 6, 7]
Name	Charles Cole [5, 6, 7]
	20181201HAv- Lewis B. Cole in the 1880 United States Federal Census date: June 1880 enumerator: D.W. Butterworth Name: Lewis B. Cole Age: 72 Birth Date: Abt 1808 Birthplace: New York Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA Dwelling Number: 53 Race: White Gender: Male Relation to Head of House: Father Marital Status: Widower Neighbors: View others on page Household Members: Name Age 53 Lewis B. Cole Jr 36 Head PA NY NY wagon manuf'er Dellia Cole 32 wife NY NY NY keeping house Blanch Cole 11 dau PA PA NY Fred Cole 7 son PA PA NY William Cole 6 son PA PA NY Charles Cole 4 son PA PA NY Lewis B. Cole 72 father NY __ __ at home Florence Brown 15 servant PA 54 Alanzo Crosby 47 Head PA NY NY surveyor Williard Crosby 35 wife NY NY NY keeping house Jennie Crosby 4 dau PA PA NY Myrtle Crosby 2 dau PA PA NY Lyman Crosby 6mo son PA PA NY (Dec) 55 Amos Veley 31 Head PA NJ NJ laborer Ella S. Veley 30 wife PA NY NY keeping house Edgar H. Veley 8 son PA PA PA Harry M. Veley 6 son PA PA PA Ella N. Burt 15 at home WI NY PA at home 56 O. H. Crosby 45 Head PA NY NY carpenter P. M. Crosby 40 wife PA NY NY keeping house 57 Thos. J. Gilbert 32 Head PA PA PA house painter Rose Gilbert 28 wife NY NY NY keeping house Eloise G. Gilbert 2 dau PA PA NY 58 T. B. Brown 31 Head PA PA PA Civil Engineer Mary A. Brown 29wife PA PA PA keeping house Martha Brown 4 dau PA PA PA Norman Brown 2 son PA PA PA minnie wesley 14 servant PA PA PA 59 Arthur B. Mann 36 Head PA PA PA lawyer-land agent Marbria J. Mann 37 wife NY NY NY keeping house Nora Mann 12 dau NY PA NY George King 24 cous PA PA PA clerk in land office H. Fessenden 31 boarder PA laborer Eulalia Fessenden 23 servant PA PA PA servant Source Citation Year: 1880; Census Place: Coudersport, Potter, Pennsylvania; Roll: 1165; Page: 438B; Enumeration District: 102 Source Information Ancestry.com and The Church of Jesus Christ of Latter-day Saints. 1880 United States Federal Census [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc, 2010. 1880 U.S. Census Index provided by The Church of Jesus Christ of Latter-day Saints © Copyright 1999 Intellectual Reserve, Inc. All rights reserved. All use is subject to the limited use license and other terms and conditions applicable to this site. Original data: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C. 20190214HAv- Charles Cole in the 1940 United States Federal Census certificate of residence: I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT... signed: Chas Cole date: April 13 1940 enum: Edith Cummings Name: Charles Cole Age: 63 birth year: abt 1877 Gender: Male Race: White Birthplace: Pennsylvania Marital status: Married Relation to Head of House: Head where enumerated: 2232 Polk? ST Hollywood, Florida owned value: $7,500 farm? no Home in 1940: not Hollywood, but Coudersport, Potter, Pennsylvania Street: 408 Mill Street Farm: No Inferred Residence in 1935: Coudersport, Potter, Pennsylvania Residence in 1935: Coudersport, Potter, Pennsylvania Resident on farm in 1935: No Household Members: Name Age Charles Cole 63 Head PA PA PA S (written over M) Blanche Cole 71 sister PA PA PA S Source Citation Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7 Source Information Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
Name	Charles P. Cole [2, 3, 4, 11]
	Charles Cole Memorial Hospital Posted by EMyRus77 Charles Cole was born in June of 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, NY. His later association with John Patterson, then President of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Mr. Cole as a salesman. He enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines or IBM. By late 1920, Mr. Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth and upon his death in 1961, the extent of his fortune became known. Mr. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Charles Cole Memorial Hospital was opened in September 1967. Mrs. Cole later was married to a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the Hospital until their death in the 1990s. Many of the new buildings including the Irwin Rehabilitation Center and the Irwin Medical Arts Center have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future. Charles Cole Memorial Hospital ? gilbertsonc1 originally shared this on 15 Feb 2009 Linked To Charles Cole ? ____________________ 20181201HAv- Sarah M Cole L2QD-HCZ birth: 16 March 1908, New York City, New York death: October 1983, Staten Island, Richmond, New York father: Charles P. Cole L2QD-4RH mother: Edith M Wood L2QD-W9Q
Occupation	salesman for the Rochester Time and Recording Company, later IBM
Person ID	I7621	WETZEL-SPRING

Father	Cole, Lewis Barnum Jr, b. 6 Oct 1843, Coudersport, Potter, Pennsylvania, USA d. 3 Sep 1907, Coudersport, Potter, Pennsylvania, USA (Age 63 years)
Relationship	natural
Mother	Koon, Delilah, b. 27 Sep 1847, Knoxville, Tioga, Pennsylvania, USA d. 28 Mar 1925, Coudersport, Potter, Pennsylvania, USA (Age 77 years)
Relationship	natural
Marriage	17 Jun 1868	Harrison Valley, Potter, Pennsylvania, USA [12]
	Kimball bible: Marriages: - Delilah Koon & Lewis B. Cole, June 17, 1867 at Harrison Valley, Pa., by Rev. Elder Thomas, pastor of the Baptist Church. - Harriet Elizabeth Koon & William Riley Kimball, April 29, 1869, by L.B. Cole in Coudersport. - Rose Koon & T.J. Gilbert, June 4, 1874 - Sterling Kimball & Lena Hartwick, Dec. 25, 1893 at Inez, Pa. - Wanda Kimball & Simeon Baker, Feb. 6, 1913 - Vera Kimball & Walter Bloomer, March 16, 1916, at Coudersport, Pa. - William Kimball & Edna Maltby, Jan. 23, 1931, in Perdo, Calif. Children of William R. & Harriet Elizabeth (Koon) Kimball: Art Kimball, born Sept. 8, 1871 Stirling Kimball, born Dec. 1, 1873, Eulalia Twp. Potter Co. Children of Stirling & Lena (Hartwick) Kimball: Wanda May Kimball, born Dec. 31, 1894 Veronica Imagine Kimball, born May 8, 1896 William Edward Kimball, born Jan. 22, 1910, at Cross Fork. Pa. (Lena Hartwick, born March 24, 1874, Wayne Co. Pa.) Children of Simeon & Wanda Kimball Baker: Claudia May Baker, born Jan. 14, 1914, Coudersport, Pa. John Sterling Baker, born March 25, 1916, Coudersport, Pa. Vera Elvina Baker, born August 31, 1917, Eulalia Twp. Thelma Marie Baker, born Dec. 29, 1922, Coudersport, Pa. Clarence LaRaine Baker, born Dec. 18, 1923, Coudersport, Pa. Charles Frederick Baker, born July 20, 1928. Children of Walter & Vera Kimball Bloomer: Robert Edgecomb Bloomer, born Sept. 22, 1916, Eulalia Twp. Pa. Rose Onalee Bloomer, born Sept. 23, 1918, Eulalia Twp. Pa. Richard Joe Bloomer, born March 20, 1922, Sweden Valley, Pa. Children of William & Edna Maltby Kimball: Beverly Jean Kimball, born Sept. 30, 1931, Los Angeles, Calif. William Kimball, Jr., born Jan. 12, 1933, Los Angeles, Calif. by Rev. Elder Thomas, pastor Baptist church- Kimball Bible
Family ID	F7004	Group Sheet \| Family Chart

Family ID F44906 Group Sheet | Family Chart

Family 1 Pinney, Edith Marion, b. 30 Jan 1901, Pennsylvania, USA d. 28 Jun 1995, Coudersport, Potter, Pennsylvania, USA (Age 94 years)

Marriage 14 Aug 1958 Coudersport, Potter, Pennsylvania, USA [3, 10, 13]

http://law.justia.com/cases/pennsylvania/supreme-court/1962/406-pa-81-0.html

Justia › U.S. Law › Case Law › Pennsylvania Case Law › Supreme Court of Pennsylvania Decisions › 1962 › Cole v. Wells
Cole v. Wells

406 Pa. 81 (1962)
Cole, Appellant, v. Wells.
Supreme Court of Pennsylvania.
Argued November 20, 1961.
January 2, 1962.

*82 Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

Miles Warner, with him Robert J. Flint, for appellant.

S. Dale Furst, Jr., with him James S. Berger, Elton F. Carlson, and Furst, McCormick, Muir, Lynn & Reeder, for appellee.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, January 2, 1962:

*83 This is an appeal from a decree of the Court of Common Pleas of Potter County which dismissed a complaint in equity seeking discovery from the executor of a decedent's estate "of all facts and circumstances having to do with the execution of the instrument [decedent's last will] offered for probate".

Charles Cole, 84 years of age, died on February 25, 1961 in Coudersport survived by his wife, Edith P. Cole, to whom he had been married in 1958, and two nephews, Frederick Cole (the appellant) and his brother, John Cole. It is estimated that the value of decedent's estate is $9,000,000. On March 4, 1961, Walter P. Wells, [appellee],[1] as executor under the alleged will, offered for probate to the Register of Wills of Potter County a four page instrument bearing date "this [2] day of October, 1958", the backer of which instrument bore the names "Hornburg, Andrews & Diggs", and had thereon the date August 13, 1953. The signature indicated the will had been signed during decedent's last illness. Under this will, inter alia, decedent's two nephews are each given a pecuniary legacy of $10,000 and a trust of the entire residuary estate created whereunder the widow receives a life interest and, upon the widow's death, the entire residuary estate is to be devoted to the erection and endowment of a memorial hospital. This instrument was probated as decedent's last will and letters testamentary[3] were issued to appellee. No appeal from this probate has been taken.

*84 On May 17, 1961, appellant[4] caused a summons in equity to be issued in the Court of Common Pleas of Potter County. Six weeks later, having been ruled to do so by appellee, appellant filed a complaint in equity.[5] To this complaint appellee filed preliminary objections raising the following questions: (1) that there is no possible action at law or equity which forms the basis for a complaint in the form filed so that the complaint does not conform to any law or rule of court; (2) that the complaint is so permeated with surplusage and scandalous and impertinent matter that such surplusage and matter cannot be separated from the matter which is pertinent and relevant; (3) in the absence of an allegation of any cause of action in support of which discovery is sought, discovery will not lie; (4) in the absence of an allegation of any infringement of rights by appellee, discovery a collateral right to assist in the determination of other rights, will not lie. The court below entered a decree dismissing the complaint and from that decree this appeal has been taken. The rationale of the opinion of the court below is that appellant is trying to use discovery in the Common Pleas Court to garner information for a will contest and that appellant has "ample remedies in the Orphans' Court should its jurisdiction be properly invoked".

The complaint consists of 27 paragraphs and attached to the complaint are 7 exhibits, 5 of which are items of correspondence between appellant, appellee or appellee's counsel and 2 of which relate to the notice *85 for and a schedule of taking of depositions. The first 9 paragraphs relate in detail much of the factual background previously set forth in this opinion: paragraph 10 avers that the will is irregular on its face in that the backer bears the date "August 13, 1953", the end of the will bears the blank date "this day of October, [1958]" and the signature indicates it was affixed during decedent's last illness (February, 1961).

Paragraphs 11-14, inclusive, relate an interview between John Cole and appellee in February 1961 together with a letter (Exhibit A) from appellee to John Cole subsequent to such interview; two interviews in April 1961 between appellant's counsel and appellee, each interview followed by a letter from said counsel to appellee purporting to set forth what took place at each interview (Exhibits B, C) and a letter (Exhibit D) from appellee to appellant's counsel dated May 22, 1961. By reason of that which took place at these interviews, together with appellee's letter of May 22, 1961, appellant charges that appellee, who drew the will, withheld deliberately the fact that appellee had drawn the will and the fact that, during decedent's last illness, appellee had drawn a power of attorney from decedent to decedent's wife, and that appellee had refused to permit an inspection of not only the power of attorney but also several of decedent's insurance policies. As appellant avers the ". . . variances [illustrated by what took place at the interviews and what appellee stated in his letter of May 22, 1961] bear on the circumstances" of (1) the execution of the will, (2) the decedent's testamentary capacity, (3) the present whereabouts of decedent's prior will or wills, and (4) whether the will was executed within 30 days of decedent's death.

Paragraph 15 avers that appellant's counsel concluded that the "circumstances suggested" that appellee had exerted undue influence in the execution of the will, that decedent lacked testamentary capacity and that the *86 will was executed during decedent's last illness and that in "the light of this conclusion" appellant instituted this action. According to the averments of this paragraph, the "initial purpose" of this action is: (a) to compel the disclosure of facts by appellee and certain other witnesses; (b) on discovery of such facts, to file an amended complaint setting forth such right of action as the facts show to exist; (c) to safeguard, by injunctive relief, documents, and other instruments; (d) to enjoin appellee from using his judicial office as a means of interference with witnesses; (e) to enforce appellee's duty of disclosure as executor.

Paragraphs 16-24, inclusive, relate that appellant, under Rule 4007, Pa. R.C.P., had served notice on appellee and eight other witnesses for taking their depositions; that, thereafter, a conference took place between appellee, his counsel, appellant's counsel and counsel for decedent's widow and, as a result thereof, the time of taking depositions was continued to dates suggested by appellee and notice thereof was duly given; that later appellee notified appellant's counsel he would not be present for the taking of depositions; of the seven other witnesses subpoenaed, only three witnesses appeared. It is then charged "that the [appellee] had taken affirmative measures to counsel and procure their [the four witnesses'] absence . . ."

Paragraph 25 avers that, unless appellant is quickly given the right to take depositions of appellee and these four witnesses, appellant "apprehends" that appellee will use his influence to confuse their recollection, to make them less available and will hinder by other means the taking of depositions. Paragraph 26 avers that appellant "apprehends" that appellee "intends to subvert and destroy" the utility of taking depositions by "inducing" the court "to sanction an irregular procedure under which the Court will sit ad hoc to make advisory rulings on matters of discovery while depositions *87 are actually under way". Paragraph 27 avers that appellant's remedies at law are inadequate, that he intends to take the depositions of another group of witnesses and that appellee's attempt to hinder the right of discovery may result in irreparable damage to appellant.

The relief sought in this complaint is: (1) that appellee be enjoined from interfering with appellant's right of discovery; (2) that appellee be enjoined from "advising, counselling and procuring . . . witnesses. . . to disobey" the process of the court and not to appear for depositions; (3) that appellee be ordered to safeguard "all documents, instruments, papers, wills and other things, in his possession" having to do with the "person, property or estate" of decedent; (4) that appellee be ordered as executor to make a "full and frank disclosure" of all facts "having to do with the execution" of the will.

The charges contained in this complaint directed to any person would be grave; when directed against one occupying a judicial position they are doubly grave. However, the gravity of such charges does not vest a court with jurisdiction to hear the charges if jurisdiction does not exist. Our problem is to ascertain whether the court below was correct in its conclusion that it did not have jurisdiction.

To a suitor seeking discovery two methods are open: either under the Act of 1836, as extended,[6] or under Rule 4001 et seq. of Pa. R.C.P. It is far from clear on this record which method appellant has chosen. The Act of 1836 (Section 13), as extended, grants the power and jurisdiction of courts of chancery to courts of common pleas over: "III. The discovery of facts material to a just determination of issues, and other questions *88 arising or depending in the said courts". (Emphasis supplied) In O'Brien v. O'Brien, 362 Pa. 66, 70, 66 A.2d 309, Mr. Justice (later Chief Justice) STERN stated: "It is axiomatic that a bill for discovery in aid of an action or defense at law cannot be maintained if the action or the defense itself cannot be maintained; this is because a bill for discovery . . . is wholly an ancillary proceeding, and if the asserted claim is itself invalid a bill for discovery in support of it must necessarily fall on demurrer: [citing cases]." (Emphasis supplied) See also: Peoples City Bank v. John Hancock Mutual Life Ins. Co., 353 Pa. 123, 130, 131, 44 A.2d 514; Holland v. Hallahan, 211 Pa. 223, 226, 60 A. 735; Liegey v. Clearfield Textile Co., 149 Pa. Superior Ct. 433, 437, 438, 27 A.2d 545; Erb Estate, 11 Fiduc. Rep. 630. It is clear beyond doubt that the equitable power of a court of common pleas should not be exercised, under the Act of 1836, supra, in aid of discovery unless there is an action brought and pending. Absent such action brought and pending, discovery cannot be had. Pa. R.C.P. 4001(a) also makes evident that depositions can be taken only in connection with a pending action: "The rules of this chapter apply to any civil action or proceeding at law or in equity brought in or appealed to any court which is subject to these rules." (Emphasis supplied)

Is there a pending action in the case at bar? The only action brought is the present equity suit which is an action to enforce the right of discovery and not an action to enforce any other right of appellant. Appellant argues that, once the facts are known, he may have either of two actions at law: (1) an action at law against appellee on the ground that he exerted undue influence on decedent either to make this will or not to change this will which deprived appellant of the right to a substantial inheritance (Mangold v. Neuman, 371 Pa. 496, 91 A.2d 904; Marshall v. DeHaven, 209 *89 Pa. 187, 58 A. 141), or (2) an action at law to enforce a contract made between decedent and appellant that the former would provide for the latter generously in his will if the latter would remove to Coudersport and care for him. Furthermore, appellant can attack the validity of the will in the Orphans' Court or challenge in the same court the validity of the gift to the hospital. While all these actions are possibilities the fact remains that none has been instituted and none are pending. It is no answer that appellant does not know which, if any, to institute; action could be started and, if for the preparation of the pleadings, knowledge of more facts became necessary, then discovery could be had. Particularly apropos to what appellant is attempting to do is the language of this Court in Elk Brewing Co. v. Neubert, 213 Pa. 171, 176, 62 A. 782: "It is not open to doubt, however, that if discovery is used as a mere pretense to give jurisdiction, it would be a gross abuse to entertain a suit in equity when the whole foundation upon which it rests is either disproved or is shown to be a colorable disguise for the purpose of changing the forum of litigation . . ."

In the present posture of this controversy discovery cannot be had.

An examination of the complaint clearly reveals the ultimate purpose of appellant to be the institution of a will contest in the Orphans' Court. Paragraph 15 makes this crystal clear. It avers that as "a result of facts developed by investigation", appellant's counsel concluded "that the circumstances suggested" undue influence and lack of testamentary capacity and the likelihood that the will was executed during decedent's last illness. Then it is averred that "[i]n the light of this conclusion", the present action was instituted.

As the court below stated: "Actually what the plaintiff here appears to be trying to do is to use discovery in Common Pleas to garner information for a *90 will contest. His allegations charging undue influence, lack of testamentary capacity, execution during thirty (30) days before death, and his wide and scattershot claims for discovery (or as he says in the concluding sentence of Paragraph 24-A of the Amended Complaint, `and all other facts and circumstances bearing on or affecting the validity of the testamentary disposition offered for probate on or about March 4, 1961') can have but one connotation that he is trying in every conceivable way to unearth information for a will contest.

"`The orphans' court has exclusive jurisdiction over the settlement, administration and distribution of a decedent's estate.' Thomas v. Johnston, 356 Pa. 570, `The Register of Wills Act of 1917 . . . confers jurisdiction upon the register to probate wills. The Orphans' Court Act of 1917 . . . grants jurisdiction to the orphans' court in all appeals from the orders and decrees of the register. The remedy and method of procedure relating to probate and contest of wills being prescribed by these statutes, their provisions must be strictly pursued and exclusively applied (citing cases) . . .' Sheerin v. Beattie, 365 Pa. 510. `The court of common pleas even as a court of equity, cannot interfere in a matter within the exclusive jurisdiction of the orphans' court.' Trout v. Lukey, 402 Pa. 123. Even though the jurisdictional question is not raised by the preliminary objections, we are required to consider it. Trout v. Lukey, supra; Patterson's Estate, 341 Pa. 177.

"It would indeed be an anomaly to allow discovery in a court which is without jurisdiction to hear the issues towards which such discovery is directed and in a proceeding which is ancillary in nature. Neither logic, nor an understanding of the procedure and nature of probate proceedings and will contests would sustain such an irregular proceeding. The decree of probate by the Register of Wills constitutes a judicial decree in *91 rem, which is conclusive upon all the world, and is not subject to collateral attack in the Court of Common Pleas, Mangold v. Neuman, 371 Pa. 496. A decree of probate may not be reversed or avoided collaterally in any other court, and is liable only to direct attack by appeal. Hunter Vol. 5, page 170. There are situations, as illustrated in Mangold v. Neuman, supra, which are outside the jurisdiction of a probate or orphans' court, but they are by their nature not an attack on the will itself, and hence, do not constitute an impeachment of the decree of probate. This is clearly not such a case, for the obvious end towards which this proceeding is directed is an attack upon the will itself and matters related thereto.

"The Orphans' Court has `all legal and equitable powers required for or incidental to the exercise of its jurisdiction,' 20 P.S. Sec. 2080.304. `The court by general rule or special order, may prescribe the practice relating to depositions, discovery, and, production of the documents. To the extent not provided for by general rule or special order, the practice relating to such matters shall conform to the practice in the local court of common pleas.' 20 P.S. Sec. 2080.742. Rule 6, Sec. 3, O.C. Supreme Court Rules also so provides. It should be clear, therefore, that plaintiff has ample remedies in the Orphans' Court should its jurisdiction be properly invoked."

The court below wisely and properly dismissed this complaint. Discovery is a valuable right recognized as such by our courts for many years but discovery must not be allowed unless it is sought as a proceeding ancillary to a pending action and in the appropriate forum.

Decree affirmed. Costs on appellant.

NOTES
[1] Walter P. Wells is now and for ten years has been the President Judge and only judge of the courts in Potter County. He disqualified himself and Judge Abraham H. Lipez was assigned by this Court to preside in this proceeding.

[2] A blank appeared in the date.

[3] Appellee and the widow were named under the will as executors and trustees. The widow renounced her rights as executrix in favor of the appellee.

[4] Appellant, a nephew, alleges that in 1948 he and his family resided in California, that decedent requested that appellant and his family move to Coudersport and assured appellant that he and his family would be generously provided for in his will, that they did move to Coudersport and from that time until decedent's death cared for him.

[5] In the meantime, appellant had filed notice of certain pretrial depositions to be taken of various persons, including appellee.

[6] Act of June 16, 1836, P.L. 784 (17 PS § 282), as extended by the Act of February 14, 1857, P.L. 39, § 1 (17 PS § 283). It is to be noted that Rule 4023 did not suspend the Act of 1836.

Children

	1. Cole, Sarah M, b. 16 Mar 1908, Richmond, Richmond, New York, USA d. Oct 1983, Staten Island, Richmond, New York, USA (Age 75 years) [Father: natural] [Mother: natural]
	2. Cole, Charles P Jr, b. 2 Sep 1905, Richmond, Richmond, New York, USA d. Apr 1966 (Age 60 years) [Father: natural] [Mother: natural]

Family ID F2158 Group Sheet | Family Chart

Family 2 Wood, Edith M, b. Aug 1876, Staten Island, Richmond, New York, USA d. 21 Sep 1941 (Age 65 years)

Children

	1. Cole, Charles P Jr, b. 2 Sep 1905, Richmond, Richmond, New York, USA d. Apr 1966 (Age 60 years) [Father: natural] [Mother: natural]
	2. Cole, Sarah M, b. 16 Mar 1908, Richmond, Richmond, New York, USA d. Oct 1983, Staten Island, Richmond, New York, USA (Age 75 years) [Father: natural] [Mother: natural]

Family ID F44603 Group Sheet | Family Chart

Event Map

	Birth - 9 Jun 1876 - Coudersport, Potter, Pennsylvania, USA
	Residence - Between 1880 and 1900 - Coudersport, Potter, Pennsylvania, USA
	census 1880 - Age: 4; EnumerationDistrict: 102; MaritalStatus: Single; RelationToHead: Son - Jun 1880 - Coudersport, Potter, Pennsylvania, USA
	Residence - 1900 - Eulalia Twp, Potter, Pennsylvania, USA
	Residence - Age in 1910: 33; ward 5, Married; Marital Status: Widowed; Relation to Head of House: Self; Relation to Head of House: Head - 1910 - Richmond, Richmond, New York, USA
	Residence - Age: 39; Relationship: Head - Between 1910 and 1940 - Richmond, Richmond, New York, USA
	Residence - 1920 - Danby, Tompkins, New York, USA
	Retired - from IBM - 1920 - Coudersport, Potter, Pennsylvania, USA
	Arrival - 23 Jun 1925 - New York, New York, USA
	Residence - 1933 - Staten Island, Richmond, New York, USA
	Residence - 1935 - Coudersport, Potter, Pennsylvania, USA
	Witness/inform/ref - his brother Fred's death certificate - 25 Oct 1938 - Coudersport, Potter, Pennsylvania, USA
	Census - certification of residence: 408 Mill Street; Age: 63; EnumerationDistrict: 53-7; OwnsFarm: No; ResidenceFarmNineteenThirtyFive: No; MaritalStatus: Married; RelationToHead: Head - 13 Apr 1940 - Coudersport, Potter, Pennsylvania, USA
	census 1940 - StreetAddress: Mill Street; Age: 63; AttendedSchool: No; EmploymentCode: 8; EmploymentDetails: Other; EmploymentHistory: No; EnumerationDistrict: 53-6; GradeCompleted: Elementary school, 8th grade; HomeOwnership: Owned; Income: 0; IncomeOtherSources: Yes; IsEmployed: No; OwnsFarm: No; PublicEmergencyWork: No; SeekingWork: No; ValueOfHome: 4000; WeeksWorked: 0; MaritalStatus: Single; RelationToHead: Head - 17 Apr 1940 - Coudersport, Potter, Pennsylvania, USA
	Departure - - Habana, Ciego de Avila, Cuba
	Residence - Cole, Chas r 408 Mill 186-J - 1953 - Coudersport, Potter, Pennsylvania, USA
	Marriage - 14 Aug 1958 - Coudersport, Potter, Pennsylvania, USA
	Will - Area Man's Will Bequeaths Fund For New Hospital - Abt 1961 - Coudersport, Potter, Pennsylvania, USA
	Endowed (LDS) - Abt 1961 - Coudersport, Potter, Pennsylvania, USA
	Death - 25 Feb 1961 - Coudersport, Potter, Pennsylvania, USA
	Burial - 27 Feb 1961 - Eulalia Cemetery, Coudersport, Potter, Pennsylvania, USA
	Obituary - Mar 1961 - Coudersport, Potter, Pennsylvania, USA
	litigation - Supreme Court of Pennsylvania. Cole, Appellant, v. Wells. - 20 Nov 1961 - Harrisburg, Dauphin, Pennsylvania, USA

= Link to Google Earth

Photos » Slide Show		Cole, Charles Burnam of hospital fame Charles gilbertsonc1 originally shared this on 15 Feb 2009 Linked To Charles Cole ?
		Cole, Chas news will for hospital anc_pamelavincent1 20181201HAv- Charles Cole Coudersport, Pennsylvania Area Man's Will Bequeaths Fund For New Hospital pamelavincent1 pamelavincent1 originally shared this on 07 May 2011 Linked To Charles Cole Saved by eyesec Saved by pamelavincent1 Saved by BuchananSpringer64 Saved by gilbertsonc1 Saved by EMyRus77 Saved by suereese999 Comments Area Man's Will…
		Cole, Charles 1961 obituary news anc_ 20181201HAv- Charles Cole obituary 1961 28 Feb 1961 Oil City, Pennsylvania pamelavincent1 pamelavincent1 originally shared this on 09 Mar 2017 Linked To Charles Cole Saved by pamelavincent1 Saved by LARRY HERBSTRITT Comments Charles Cole Coudersport - Funeral service was held here Monday for Charles Cole, a resident of this community who died…
		Cole, Chas $4,000,000 Cole Mem Hosp anc_pamelavincent1 20181201HAv- Charles Cole $4,000,000 Cole Memorial Hospital 9 Jun 1961 Kane, Pennsylvania pamelavincent1 pamelavincent1 originally shared this on 09 Mar 2017 Linked To Charles Cole Saved by pamelavincent1 Saved by LARRY HERBSTRITT Comments Town Bequeathed $4,000,000 Legacy - Coudersport - H.H. Pett, president of the Potter County Memorial…
		PA Death Certificate 18760609 Charles Cole.tmp 20181201HAv- Charles Cole in the Pennsylvania, Death Certificates, 1906-1966 Name: Charles Cole Gender: Male Race: White Age: 84 Birth Date: 9 Jun 1876 Birth Place: Coudersport, Pennsylvania residence: 408 Mill St, Coudersport occupation: Office coordinator IBM Death Date: 25 Feb 1961 Death Place: Potter Co Mem Hospital Coudersport, Potter,…
		census 1880 USA PA Potter Coudersport 102_438B Lewis B Cole.tmp 20181201HAv- Lewis B. Cole in the 1880 United States Federal Census date: June 1880 D.W. Butterworth Name: Lewis B. Cole Age: 72 Birth: Abt 1808 New York Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA Dwelling Number: 53 Race: White Gender: Male Relation to Head of House: Father Marital Status: Widower Neighbors: View others on…
		census 1940 USA PA Potter Coudersport 53-7_ Charles Cole.tmp 20190214HAv- Charles Cole in the 1940 United States Federal Census certificate of residence: I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT... signed: Chas Cole date: April 13 1940 enum: Edith Cummings Name: Charles Cole Age: 63 birth year: abt…
		PA Death Cert 19381025 Fred Burnam Cole.tmp 20190214HAv- Fred Burnam Cole in the Pennsylvania, Death Certificates, 1906-1966 Name: Fred Burnam Cole Gender: Male Race: White Age: 65y 10m 16d Birth Date: 9 Dec 1872 Birth Place: Coudersport residence: Coudersport status: single, retired Death Date: 25 Oct 1938 19:10h Death Place: Coudersport, Potter, Pennsylvania, USA cause: Coronary…
		Coudy boys- Cole Covey etal FB190310LN 20190310HAV- Lanny Nunn?Potter/McKean County, Pennsylvania Genealogy Visual Storyteller · 6 hrs · 10 March 2019 - Fred Cole, - Will Cole, - Clyde Covey, - Charlie Cole, - David Stevens, and - Arthur Ormerod. 12 You, Tina Johnson Daughenbaugh, Patricia Neilly Vella and 9 others Like Comment
		At least one living or private individual is linked to this item - Details withheld.
		census 1940 USA PA Potter Coudersport 53-6_12B Bertha S Leete.jpg 20200111HAv- Bertha G Leete in the 1940 United States Federal Census date: April 17, 1940 Robert N. Pinney Name: Bertha G Leete Age: 57 birth: abt 1883 Gender: Female Race: White Birthplace: New York Marital status: Widowed Relation to Head of House: Head Home in 1940: Coudersport, Potter, Pennsylvania Street: Isabel House…
		Cole, Chas Todd Fred John &MaxineSh FB210215LNCou 20210215HAv- Lanny Nunn 15 February 2021 · Coudersport... Maxine Shear Charles Cole Todd Peter Fred & John Cole Comments Ken Cole Uncle Charlie, Fred( my dad) Uncle John. Cool photo. Thanks. · Reply · 2d Linda Setzer Cole Lohr So neat??. All are solo young? · Reply · 2d Linda Setzer Cole Lohr Sooooo · Reply · 2d Georgiana Gillon…
		Cole, Chas w Maxine Shear 408MillSt FB210215LNCou 20210217HAv- Lanny Nunn 15 Fevruary 2021 · Coudersport... Charles Cole - Maxine Shear at 408 Mill Street, Coudersport Comments Ken Cole Great Uncle Charles, at the house @ 408 Mill St. The Shear house is in the background. · Reply · 2d Angela Howard Ken Cole Wish there was a pic of the house at 408 Mill St. We lived there too. Grigsbys ·…
		Cole, Charles w Maxine Shear 408MillSt FB210215LNCou 20210217HAv- Lanny Nunn 15 February 2021 · Coudersport... Charles Cole and Maxine Shear Comments Thomas W. Mitchell Don't forget the dog. · Reply · 2d Georgiana Gillon Kiely WOW AGAIN · Reply · 2d Paul Lynn Gardner The dog sets the tone very well. · Reply · 1d Linda Setzer Cole Lohr She's really little in this one. I wonder if Laurie has…

Notes

Charles Cole was born in June of 1876 and grew up in the Coudersport area. He showed an early aptitude for sales and began a career selling pianos and organs for Smith Music Company in Olean, NY. His later association with John Patterson, then President of the National Cash Register Company, brought him in contact with Thomas Watson. When Watson set out to establish his own business, the Rochester Time and Recording Company, he sought Mr. Cole as a salesman. He enjoyed great success with the company and was encouraged to reinvest part of his salary in company stocks. This company became International Business Machines or IBM.

By late 1920, Mr. Cole had retired and returned to his beloved Coudersport. Few in the community knew of his wealth and upon his death in 1961, the extent of his fortune became known. Mr. Cole left instructions that his estate was to fund a much-needed community hospital. Through the generosity of his widow, the former Edith Pinney, the Charles Cole Memorial Hospital was opened in September 1967. Mrs. Cole later was married to a Chicago surgeon, G. Howard Irwin, and both maintained philanthropic interest in the Hospital until their death in the 1990s. Many of the new buildings including the Irwin Rehabilitation Center and the Irwin Medical Arts Center have been funded by the charitable trusts they established to help meet the medical needs of the community far into the future.

Charles Cole Memorial Hospital
? gilbertsonc1 originally shared this on 15 Feb 2009
Linked To Charles Cole ?

Sources

[S2077] Public Member Trees 2019-, Cole, Charles P Cole, jr (50) facs Gilbertson gilbertsonc1.
Record for Charles P Cole (50) facs
Gilbertson gilbertsonc1
Charles P Cole Jr 1905–1966
BIRTH 2 SEP 1905 • Richmond Ward 5, Richmond, New York
DEATH APR 1966
Record for Charles P Cole (50) facs
Gilbertson gilbertsonc1
Charles P Cole Jr 1905-1966
BIRTH 2 SEP 1905 • Richmond Ward 5, Richmond, New York
DEATH APR 1966

20190214HAv-
Gilbertson gilbertsonc1
Charles Pendexter Cole
Charles Pendexter Cole 1876-1961
BIRTH 9 JUNE 1876 • Couldersport, Potter County, Pennsylvania
DEATH 25 FEBRUARY 1961 • Couldersport, Potter County, Pennsylvania
[S854] Ancestry.com, U.S., Find A Grave Index, 1700s-Current, (Name: Ancestry.com Operations, Inc.; Location: Provo, UT, USA; Date: 2012;).
Record for Charles Cole Charles Cole Birth: Jun. 9, 1876 Pennsylvania, USA Death: Feb. 25, 1961 Family links: Parents: Lewis Barnum Cole (1843 - 1907) Delila Koon Cole (1847 - 1925) Siblings: Blanche B Cole (1868 - 1958)* Frederick Burnum Cole (1872 - 1938)* Charles Cole (1876 - 1961) *Calculated relationship Burial: Eulalia Cemetery Coudersport, Potter County Pennsylvania, USA Created by: Law-Miller Roots Record added: Apr 22, 2009 Find A Grave Memorial# 36208074
Charles Cole
Birth: Jun. 9, 1876
Pennsylvania, USA
Death: Feb. 25, 1961

Family links:
Parents:
Lewis Barnum Cole (1843 - 1907)
Delila Koon Cole (1847 - 1925)

Siblings:
Blanche B Cole (1868 - 1958)*
Frederick Burnum Cole (1872 - 1938)*
Charles Cole (1876 - 1961)
*Calculated relationship

Burial: Eulalia Cemetery
Coudersport, Potter County
Pennsylvania, USA

Created by: Law-Miller Roots
Record added: Apr 22, 2009
Find A Grave Memorial# 36208074
[S958] Ancestry Family Trees, (Name: Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.;), Database online.
Record for Edith M. Pinney (Leonard?)
http://search.ancestry.com/cgi-bin/sse.dll?db=pubmembertrees&h=1037169700&indiv=try

[S1127] Ancestry.com, Pennsylvania, Death Certificates, 1906-1964, (Name: Ancestry.com Operations, Inc.; Location: Provo, UT, USA; Date: 2014;), Cole, Charles Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 017551-020250.
Record for Charles Cole (11) facts
20181201HAv-
Charles Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Charles Cole
Gender: Male
Race: White
Age: 84
Birth Date: 9 Jun 1876
Birth Place: Coudersport, Pennsylvania
residence: 408 Mill St,
Coudersport
occupation: Office coordinator IBM
Death Date: 25 Feb 1961
Death Place: Potter Co Mem Hospital
Coudersport, Potter, Pennsylvania, USA
cause: Atrial Flutter, 1 mo
Arterio-scleroti heart disease
Generalized arteriosclerosis
other: Hepato-renal disease
signed: A.F. Domaleski MD
Father: Lewis Burnam Cole
Mother: Delilah Koon
Spouse: Edith Pinney Cole
Certificate Number: 019148-61
burial: 2-27-61
Eulalia Cemetery
informant: Mrs. Edith Cole
Coudersport

Source Citation
Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 017551-020250
Source Information
Ancestry.com. Pennsylvania, Death Certificates, 1906-1966 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Pennsylvania (State). Death certificates, 1906-1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.
20181201HAv-
Charles Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Charles Cole
Gender: Male
Race: White
Age: 84
Birth Date: 9 Jun 1876
Birth Place: Coudersport, Pennsylvania
residence: 408 Mill St,
Coudersport
occupation: Office coordinator IBM
Death Date: 25 Feb 1961
Death Place: Potter Co Mem Hospital
Coudersport, Potter, Pennsylvania, USA
cause: Atrial Flutter, 1 mo
Arterio-scleroti heart disease
Generalized arteriosclerosis
other: Hepato-renal disease
signed: A.F. Domaleski MD
Father: Lewis Burnam Cole
Mother: Delilah Koon
Spouse: Edith Pinney Cole
Certificate Number: 019148-61
burial: 2-27-61
Eulalia Cemetery
informant: Mrs. Edith Cole
Coudersport

Source Citation
Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 017551-020250
Source Information
Ancestry.com. Pennsylvania, Death Certificates, 1906-1966 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Pennsylvania (State). Death certificates, 1906-1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.

PA Death Certificate 18760609 Charles Cole.tmp
20181201HAv-
Charles Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Charles Cole
Gender: Male
Race: White
Age: 84
Birth Date: 9 Jun 1876
Birth Place: Coudersport, Pennsylvania
residence: 408 Mill St,
Coudersport
occupation: Office coordinator IBM
Death Date: 25 Feb 1961
Death Place: Potter Co Mem Hospital
Coudersport, Potter,…

[S2050] census 1880 USA PA Potter Coudersport, Year: 1880; Census Place: Coudersport, Potter, Pennsylvania; Roll: 1165; Page: 438B; Enumeration District: 102 Cole Crosby Veley Burt Crosby Gilbert Brown Mann.
Record for Lewis B. Cole 20181201HAv (37) facts
Record for Alanzo Crosby (25) facts ........ (61) facts
Record for Amos Veley (21) facts ........ (82)
Record for Ella N. Burt (7) facts ........ (89)
Record for O. H. Crosby (13) facts ..... (102)
Record for Thos. J. Gilbert (16) facts ....... (118)
Record for T. B. Brown (21) facts ....... (139)
Record for Arthur B. Mann (15) facts ....... (154)
Record for George King (5) facts ....... (158)
Record for H. Fessenden (5) facts ...... (163)
Record for Florence Brown (5) facts ....... (168)

20181201HAv-
Lewis B. Cole in the 1880 United States Federal Census
date: June 1880
enumerator: D.W. Butterworth
Name: Lewis B. Cole
Age: 72
Birth Date: Abt 1808
Birthplace: New York
Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA
Dwelling Number: 53
Race: White
Gender: Male
Relation to Head of House: Father
Marital Status: Widower
Neighbors: View others on page
Household Members:
Name Age
53
Lewis B. Cole Jr 36 Head PA NY NY wagon manuf'er
Dellia Cole 32 wife NY NY NY keeping house
Blanch Cole 11 dau PA PA NY
Fred Cole 7 son PA PA NY
William Cole 6 son PA PA NY
Charles Cole 4 son PA PA NY
Lewis B. Cole 72 father NY __ __ at home
Florence Brown 15 servant PA
54
Alanzo Crosby 47 Head PA NY NY surveyor
Williard Crosby 35 wife NY NY NY keeping house
Jennie Crosby 4 dau PA PA NY
Myrtle Crosby 2 dau PA PA NY
Lyman Crosby 6mo son PA PA NY (Dec)
55
Amos Veley 31 Head PA NJ NJ laborer
Ella S. Veley 30 wife PA NY NY keeping house
Edgar H. Veley 8 son PA PA PA
Harry M. Veley 6 son PA PA PA
Ella N. Burt 15 at home WI NY PA at home
56
O. H. Crosby 45 Head PA NY NY carpenter
P. M. Crosby 40 wife PA NY NY keeping house
57
Thos. J. Gilbert 32 Head PA PA PA house painter
Rose Gilbert 28 wife NY NY NY keeping house
Eloise G. Gilbert 2 dau PA PA NY
58
T. B. Brown 31 Head PA PA PA Civil Engineer
Mary A. Brown 29wife PA PA PA keeping house
Martha Brown 4 dau PA PA PA
Norman Brown 2 son PA PA PA
minnie wesley 14 servant PA PA PA
59
Arthur B. Mann 36 Head PA PA PA lawyer-land agent
Marbria J. Mann 37 wife NY NY NY keeping house
Nora Mann 12 dau NY PA NY
George King 24 cous PA PA PA clerk in land office
H. Fessenden 31 boarder PA laborer
Eulalia Fessenden 23 servant PA PA PA servant

Source Citation
Year: 1880; Census Place: Coudersport, Potter, Pennsylvania; Roll: 1165; Page: 438B; Enumeration District: 102

Source Information
Ancestry.com and The Church of Jesus Christ of Latter-day Saints. 1880 United States Federal Census [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc, 2010. 1880 U.S. Census Index provided by The Church of Jesus Christ of Latter-day Saints © Copyright 1999 Intellectual Reserve, Inc. All rights reserved. All use is subject to the limited use license and other terms and conditions applicable to this site.

Original data: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

20181201HAv-
Lewis B. Cole in the 1880 United States Federal Census
date: June 1880
D.W. Butterworth
Name: Lewis B. Cole
Age: 72
Birth: Abt 1808
New York
Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA
Dwelling Number: 53
Race: White
Gender: Male
Relation to Head of House: Father
Marital Status: Widower
Neighbors: View others on page
Household Members:
Name Age
53
Lewis B. Cole Jr 36 Head PA NY NY wagon manuf'er
Dellia Cole 32 wife NY NY NY keeping house
Blanch Cole 11 dau PA PA NY
Fred Cole 7 son PA PA NY
William Cole 6 son PA PA NY
Charles Cole 4 son PA PA NY
Lewis B. Cole 72 father NY __ __ at home
Florence Brown 15 servant PA
54
Alanzo Crosby 47 Head PA NY NY surveyor
Williard Crosby 35 wife NY NY NY keeping house
Jennie Crosby 4 dau PA PA NY
Myrtle Crosby 2 dau PA PA NY
Lyman Crosby 6mo son PA PA NY (Dec)
55
Amos Veley 31 Head PA NJ NJ laborer
Ella S. Veley 30 wife PA NY NY keeping house
Edgar H. Veley 8 son PA PA PA
Harry M. Veley 6 son PA PA PA
Ella N. Burt 15 at home WI NY PA at home
56
O. H. Crosby 45 Head PA NY NY carpenter
P. M. Crosby 40 wife PA NY NY keeping house
57
Thos. J. Gilbert 32 Head PA PA PA house painter
Rose Gilbert 28 wife NY NY NY keeping house
Eloise G. Gilbert 2 dau PA PA NY
58
T. B. Brown 31 Head PA PA PA Civil Engineer
Mary A. Brown 29wife PA PA PA keeping house
Martha Brown 4 dau PA PA PA
Norman Brown 2 son PA PA PA
minnie wesley 14 servant PA PA PA
59
Arthur B. Mann 36 Head PA PA PA lawyer-land agent
Marbria J. Mann 37 wife NY NY NY keeping house
Nora Mann 12 dau NY PA NY
George King 24 cous PA PA PA clerk in land office
H. Fessenden 31 boarder PA laborer
Eulalia Fessenden 23 servant PA PA PA servant

Source Citation
Year: 1880; Census Place: Coudersport, Potter, Pennsylvania; Roll: 1165; Page: 438B; Enumeration District: 102

Source Information
Ancestry.com and The Church of Jesus Christ of Latter-day Saints. 1880 United States Federal Census [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc, 2010. 1880 U.S. Census Index provided by The Church of Jesus Christ of Latter-day Saints © Copyright 1999 Intellectual Reserve, Inc. All rights reserved. All use is subject to the limited use license and other terms and conditions applicable to this site.

Original data: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

census 1880 USA PA Potter Coudersport 102_438B Lewis B Cole.tmp
20181201HAv-
Lewis B. Cole in the 1880 United States Federal Census
date: June 1880
D.W. Butterworth
Name: Lewis B. Cole
Age: 72
Birth: Abt 1808
New York
Home in 1880: Coudersport Boro, Potter, Pennsylvania, USA
Dwelling Number: 53
Race: White
Gender: Male
Relation to Head of House: Father
Marital Status: Widower
Neighbors: View others on…

[S662] census 1940 USA PA Potter Coudersport, Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7 Cole, Chas & Blanche.
Record for Charles Cole (6) facts
20190214HAv-
Record for Blanche Cole (6) facts ................................ (12)
Charles Cole in the 1940 United States Federal Census
certificate of residence:
I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT...
signed: Chas Cole

Name: Charles Cole
Age: 63
birth year: abt 1877
Gender: Male
Race: White
Birthplace: Pennsylvania
Marital status: Married
Relation to Head of House: Head
where enumerated: 2232 Polk? ST
Hollywood, Florida
owned
value: $7,500
farm? no
Home in 1940: not Hollywood,
but Coudersport, Potter, Pennsylvania
Street: 408 Mill Street
Farm: No
Inferred Residence in 1935: Coudersport, Potter, Pennsylvania
Residence in 1935: Coudersport, Potter, Pennsylvania
Resident on farm in 1935: No
Household Members:
Name Age
Charles Cole 63 Head PA PA PA S (written over M)
Blanche Cole 71 sister PA PA PA S

Source Citation
Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7

Source Information
Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
20190214HAv-
Charles Cole in the 1940 United States Federal Census
certificate of residence:
I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT...
signed: Chas Cole

Name: Charles Cole
Age: 63
birth year: abt 1877
Gender: Male
Race: White
Birthplace: Pennsylvania
Marital status: Married
Relation to Head of House: Head
where enumerated: 2232 Polk? ST
Hollywood, Florida
owned
value: $7,500
farm? no
Home in 1940: not Hollywood,
but Coudersport, Potter, Pennsylvania
Street: 408 Mill Street
Farm: No
Inferred Residence in 1935: Coudersport, Potter, Pennsylvania
Residence in 1935: Coudersport, Potter, Pennsylvania
Resident on farm in 1935: No
Household Members:
Name Age
Charles Cole 63 Head PA PA PA S (written over M)
Blanche Cole 71 sister PA PA PA S

Source Citation
Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Enumeration District: 53-7

Source Information
Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.

census 1940 USA PA Potter Coudersport 53-7_ Charles Cole.tmp
20190214HAv-
Charles Cole in the 1940 United States Federal Census
certificate of residence:
I hereby certify that I and the members of my household here present are not residents of HOLLYWOOD but live in COUDERSPORT...
signed: Chas Cole

date: April 13 1940
enum: Edith Cummings
Name: Charles Cole
Age: 63
birth year: abt…

[S662] census 1940 USA PA Potter Coudersport, Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Page: 12B/12A; Enumeration District: 53-6.
Record for Bertha S Leete (18) facts
Record for Nettie O Cole (12) facts .............. (31)
Record for Blanche Cole (6) facts ................. (39)
Record for Charles Cole (6) facts ................. (44)
Record for William A Shear (26) facts ........... (70)

12A
Record for Mame E Cole (20) facts
Record for Giles C Hauber (12) facts ........... (32)
Giles C Hauber 57
Lottie B Hauber 56

20200111HAv-
Bertha G Leete in the 1940 United States Federal Census
date: April 17, 1940
Robert N. Pinney
Name: Bertha G Leete
Age: 57
birth: abt 1883
Gender: Female
Race: White
Birthplace: New York
Marital status: Widowed
Relation to Head of House: Head
Home in 1940: Coudersport, Potter, Pennsylvania
Street: Isabel
House Number: 103
Farm: No
Inferred Residence in 1935: Coudersport, Potter, Pennsylvania
Residence in 1935: Same House
Sheet Number: 12B
Number of Household in Order of Visitation: 277
House Owned or Rented: Owned
Value of Home or Monthly Rental if Rented: 3500
Attended School or College: No
Highest Grade Completed: High School, 4th year
Weeks Worked in 1939: 0
Income: 0
Income Other Sources: Yes
Neighbors: View others on page
Household Members:
Name Age
Giles C. Hauber 57 Head PA sh M C2 Register Recorder, public office
Lottie B. Hauber 56 wife PA sh M 8

Mama E Cole 60 Head PA Gr PA wd H2
12B
John R Cole 30 son PA sh s proprietor, service station, gas & oil
Frederick E Cole 33 son PA sh m Proprietor, service station, gas & oil
Nettie O Cole 23 dau-law PA sh m

Charles Cole 63 Head PA sh single
Blanche Cole 70 sister PA sh single

William A Shear 18 Head Can sh
Grace A Shear 68 wife NY sh proprietor, Natural Curiosity
Grace L Shear 28 dau PA sh teacher, elementary public school
Thomous R Shear 28 son PA sh helper, Natural Curiosity

Bertha G Leete 57 Head NY sh wd
Ralph F Leete 20 son PA sh s
Thomous W Leete 17 son PA sh s odd jobs, paper delivery

Source Citation
Year: 1940; Census Place: Coudersport, Potter, Pennsylvania; Roll: m-t0627-03600; Page: 12B; Enumeration District: 53-6

Name Birth Residence
John R Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Frederick E Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Nettie O Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Charles Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Blanche Cole Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
William A Shear Canada 1940 Coudersport, Potter, Pennsylvania, USA
Grace A Shear New York 1940 Coudersport, Potter, Pennsylvania, USA
Grace L Shear Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Thomous R Shear Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Anna Vosberg P New Jersey 1940 Coudersport, Potter, Pennsylvania, USA
Harold W Vosberg Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Isabel L Vosberg P New York 1940 Coudersport, Potter, Pennsylvania, USA
Howard R Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Velma R Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Marilyn J Smith Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Emory J Lorance Illinois 1940 Coudersport, Potter, Pennsylvania, USA
Margaret A Lorance Texas 1940 Coudersport, Potter, Pennsylvania, USA
Lloyd Lorance Missouri 1940 Coudersport, Potter, Pennsylvania, USA
Fannie C Pinney Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Robert N Pinney Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Bertha G Leete New York 1940 Coudersport, Potter, Pennsylvania, USA
Ralph F Leete Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Thomous W Leete Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Eva M Neefe Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Gertrude A Neefe Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Clinton A Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Ellen H Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Addison H Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Diana J Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Clinton A Clark Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
George A Odonnell Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Charles Stine PA Maryland 1940 Coudersport, Potter, Pennsylvania, USA
Emelia C Geabe New York 1940 Coudersport, Potter, Pennsylvania, USA
Francis M O'Connell Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Francis L Doyle Eire 1940 Coudersport, Potter, Pennsylvania, USA
Margaret Kennedy England 1940 Coudersport, Potter, Pennsylvania, USA
Mary J Coleman Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Katherine K Covey Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Richard F Covey Pennsylvania 1940 Coudersport, Potter, Pennsylvania, USA
Clarence D Kiehle New York 1940 Coudersport, Potter, Pennsylvania, USA

Source Information
Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
Original data: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.

20200111HAv-
Record for Charles Cole (6) facts
Charles & Blanche Cole in the 1940 United States Federal Census
date: April 17, 1940
Robert N. Pinney
Name: Charles Cole
Age: 63
Estimated birth year: abt 1877
Gender: Male
Race: White
Birthplace: Pennsylvania
Marital status: Single
Relation to Head of House: Head
Home in 1940: Coudersport, Potter, Pennsylvania
Street: Mill Street
House Number: 408
Farm: No
Inferred Residence in 1935: Coudersport, Potter, Pennsylvania
Residence in 1935: Same House
Sheet Number: 12B
Number of Household in Order of Visitation: 271
House Owned or Rented: Owned
Value of Home or Monthly Rental if Rented: 4000
Attended School or College: No
Highest Grade Completed: Elementary school, 8th grade
Weeks Worked in 1939: 0
Income: 0
Income Other Sources: Yes
Household Members:
Name Age
Charles Cole 63
Blanche Cole 70

	census 1940 USA PA Potter Coudersport 53-6_12B Bertha S Leete.jpg 20200111HAv- Bertha G Leete in the 1940 United States Federal Census date: April 17, 1940 Robert N. Pinney Name: Bertha G Leete Age: 57 birth: abt 1883 Gender: Female Race: White Birthplace: New York Marital status: Widowed Relation to Head of House: Head Home in 1940: Coudersport, Potter, Pennsylvania Street: Isabel House…
	At least one living or private individual is linked to this item - Details withheld.

[S1127] Ancestry.com, Pennsylvania, Death Certificates, 1906-1964, (Name: Ancestry.com Operations, Inc.; Location: Provo, UT, USA; Date: 2014;), Cole, Fred Burnam Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 091001-094000.
Record for Fred Burnam Cole (11) facts
20190214HAv-
Fred Burnam Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Fred Burnam Cole
Gender: Male
Race: White
Age: 65y 10m 16d
Birth Date: 9 Dec 1872
Birth Place: Coudersport
residence: Coudersport
status: single, retired
Death Date: 25 Oct 1938 19:10h
Death Place: Coudersport, Potter, Pennsylvania, USA
cause: Coronary Thrombosis
contrib: Essential? Hypertension
94b / 102
Father: Lewis Burnam Cole
born: Coudersport
Mother: Deliah Koon
born: Knoxville, PA
burial: Eulalia Cemetery
Coudersport
informant: Chas Cole
Coudersport
Certificate Number: 91237
registrar: Ruth E. Nelson

Source Citation
Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 091001-094000
Source Information
Ancestry.com. Pennsylvania, Death Certificates, 1906-1966 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Pennsylvania (State). Death certificates, 1906-1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.
20190214HAv-
Fred Burnam Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Fred Burnam Cole
Gender: Male
Race: White
Age: 65y 10m 16d
Birth Date: 9 Dec 1872
Birth Place: Coudersport
residence: Coudersport
status: single, retired
Death Date: 25 Oct 1938 19:10h
Death Place: Coudersport, Potter, Pennsylvania, USA
cause: Coronary Thrombosis
contrib: Essential? Hypertension
94b / 102
Father: Lewis Burnam Cole
born: Coudersport
Mother: Deliah Koon
born: Knoxville, PA
burial: Eulalia Cemetery
Coudersport
informant: Chas Cole
Coudersport
Certificate Number: 91237
registrar: Ruth E. Nelson

Source Citation
Pennsylvania Historic and Museum Commission; Pennsylvania, USA; Pennsylvania, Death Certificates, 1906-1965; Certificate Number Range: 091001-094000
Source Information
Ancestry.com. Pennsylvania, Death Certificates, 1906-1966 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.
Original data: Pennsylvania (State). Death certificates, 1906-1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.

PA Death Cert 19381025 Fred Burnam Cole.tmp
20190214HAv-
Fred Burnam Cole in the Pennsylvania, Death Certificates, 1906-1966
Name: Fred Burnam Cole
Gender: Male
Race: White
Age: 65y 10m 16d
Birth Date: 9 Dec 1872
Birth Place: Coudersport
residence: Coudersport
status: single, retired
Death Date: 25 Oct 1938 19:10h
Death Place: Coudersport, Potter, Pennsylvania, USA
cause: Coronary…

[S1310] FamilySearch.org, FamilySearch Family Tree, Cole, Sarah M. "Family Tree," database, FamilySearch (http://familysearch.org : modified 20 October 2018, 20:31), entry for Sarah M Cole(PID https://familysearch.org/ark:/61903/4:1:L2QD-HCZ); contributed by various users. PersonID L2QD-HCZ.
Sarah M Cole (5) facts
20181201HAv-
Sarah M Cole L2QD-HCZ
birth: 16 March 1908, New York City, New York
death: October 1983, Staten Island, Richmond, New York
father: Charles P. Cole L2QD-4RH
mother: Edith M Wood L2QD-W9Q

20181201HAv-
Sarah M Cole L2QD-HCZ
birth: 16 March 1908, New York City, New York
death: October 1983, Staten Island, Richmond, New York
father: Charles P. Cole L2QD-4RH
mother: Edith M Wood L2QD-W9Q
[S1310] FamilySearch.org, FamilySearch Family Tree, Edith Pinney LVF3-7GY "Family Tree," database, FamilySearch (http://familysearch.org : modified 03 February 2018, 02:14), entry for Edith Pinney(PID https://familysearch.org/ark:/61903/4:1:LVF3-7GY); contributed by various users. PersonID LVF3-7GY.
Edith Pinney 20181202HAv (11) facts
20181202HAv-
Edith Pinney LVF3-7GY
birth: 30 January 1901, Pennsylvania
death: 28 January 1995, Coudersport, Potter, Pennsylvania
father: Norman A Pinney LVF3-9GX
mother: Fannie Connolly LWPH-65L
spouse: Charles Cole M2KY-ZDQ

Edith Pinney
30 January 1901 - 28 January 1995 • LVF3-7GY??
Female
Edith Pinney 1901-1995 • LVF3-7GY??

Edith Pinney
Sex • Female
Birth • 30 January 1901 Pennsylvania
Death • 28 January 1995 Coudersport, Potter, Pennsylvania
Edith Pinney
Residence • 1910 Coudersport Ward 2, , Pennsylvania
Residence • 1920 Coudersport, Potter, Pennsylvania

Family Members
Spouses and Children
Charles Cole 1876-1961 • M2KY-ZDQ??
(WRONG Charles Cole- Sr. but she must have married JR -jcw20181202HAv)
Marriage: 1958
Edith Pinney 1901-1995 • LVF3-7GY??
Children of Edith Pinney and Charles Cole (0)

George Howard Irwin 1895-1991 • LR4B-KLK??
Marriage: 1975 Chicago, Cook, Illinois
Edith Pinney 1901-1995 • LVF3-7GY??
Children of Edith Pinney and George Howard Irwin

Parents and Siblings
Norman A Pinney 1842-1929 • LVF3-9GX??
Marriage: 27 Jul 1898 Potter, Pennsylvania
Fannie Connolly 1874-1957 • LWPH-65L??

Children of Fannie Connolly and Norman A Pinney (2)
Robert Norman Pinney 1889-1961 • LVF3-766??
Edith Pinney 1901-1995 • LVF3-7GY??

20181202HAv-
Edith Pinney LVF3-7GY
birth: 30 January 1901, Pennsylvania
death: 28 January 1995, Coudersport, Potter, Pennsylvania
father: Norman A Pinney LVF3-9GX
mother: Fannie Connolly LWPH-65L
spouse: Charles Cole M2KY-ZDQ

Edith Pinney
30 January 1901 - 28 January 1995 • LVF3-7GY??
Female
Edith Pinney 1901-1995 • LVF3-7GY??

Edith Pinney
Sex • Female
Birth • 30 January 1901 Pennsylvania
Death • 28 January 1995 Coudersport, Potter, Pennsylvania
Edith Pinney
Residence • 1910 Coudersport Ward 2, , Pennsylvania
Residence • 1920 Coudersport, Potter, Pennsylvania

Family Members
Spouses and Children
Charles Cole 1876-1961 • M2KY-ZDQ??
(WRONG Charles Cole- Sr. but she must have married JR -jcw20181202HAv)
Marriage: 1958
Edith Pinney 1901-1995 • LVF3-7GY??
Children of Edith Pinney and Charles Cole (0)

George Howard Irwin 1895-1991 • LR4B-KLK??
Marriage: 1975 Chicago, Cook, Illinois
Edith Pinney 1901-1995 • LVF3-7GY??
Children of Edith Pinney and George Howard Irwin

Parents and Siblings
Norman A Pinney 1842-1929 • LVF3-9GX??
Marriage: 27 Jul 1898 Potter, Pennsylvania
Fannie Connolly 1874-1957 • LWPH-65L??

Children of Fannie Connolly and Norman A Pinney (2)
Robert Norman Pinney 1889-1961 • LVF3-766??
Edith Pinney 1901-1995 • LVF3-7GY??
[S209] Daniel C. Hyde, Early Obituaries of Potter County, PA, DELILA (KOON) COLE died Friday morning at 12:30, ?? 1925.
DELILA (KOON) COLE died Friday morning at 12:30, ?? 1925. Born at Knoxville, PA, September 27, 1847, and came to Coudersport when 19 years of age. Married Lewis B. Cole Jr., in June 17, 1867. Surviving are three sons and a daughter: - William Burdette, b. May 17, 1874; - Blanche, b. September 19, 1868; - Fred Burnum Cole, b. December 9, 1872; - Charles, b. June 9, 1876. Two sisters also survive: - Mrs. T. J. Gilbert, of Andover, NY and - Mrs. William Kimball, of Ayers Hill. Funeral at home on Maple St.
DELILA (KOON) COLE died Friday morning at 12:30, ?? 1925.
Born at Knoxville, PA, September 27, 1847, and came to Coudersport when 19 years of age.
Married Lewis B. Cole Jr., in June 17, 1867.
Surviving are three sons and a daughter:
- William Burdette, b. May 17, 1874;
- Blanche, b. September 19, 1868;
- Fred Burnum Cole, b. December 9, 1872;
- Charles, b. June 9, 1876.
Two sisters also survive:
- Mrs. T. J. Gilbert, of Andover, NY and
- Mrs. William Kimball, of Ayers Hill.
Funeral at home on Maple St.
[S281] Bible Records, Potter County, PA, (Name: http://www.eg.bucknell.edu/~hyde/potter/BibleRecords.html;), Kimball Bible- Marriages & Children.
Kimball bible: Marriages: - Delilah Koon & Lewis B. Cole, June 17, 1867 at Harrison Valley, Pa., by Rev. Elder Thomas, pastor of the Baptist Church. - Harriet Elizabeth Koon & William Riley Kimball, April 29, 1869, by L.B. Cole in Coudersport. - Rose Koon & T.J. Gilbert, June 4, 1874 - Sterling Kimball & Lena Hartwick, Dec. 25, 1893 at Inez, Pa. - Wanda Kimball & Simeon Baker, Feb. 6, 1913 - Vera Kimball & Walter Bloomer, March 16, 1916, at Coudersport, Pa. - William Kimball & Edna Maltby, Jan. 23, 1931, in Perdo, Calif. Children of William R. & Harriet Elizabeth (Koon) Kimball: Art Kimball, born Sept. 8, 1871 Stirling Kimball, born Dec. 1, 1873, Eulalia Twp. Potter Co. Children of Stirling & Lena (Hartwick) Kimball: Wanda May Kimball, born Dec. 31, 1894 Veronica Imagine Kimball, born May 8, 1896 William Edward Kimball, born Jan. 22, 1910, at Cross Fork. Pa. (Lena Hartwick, born March 24, 1874, Wayne Co. Pa.) Children of Simeon & Wanda Kimball Baker: Claudia May Baker, born Jan. 14, 1914, Coudersport, Pa. John Sterling Baker, born March 25, 1916, Coudersport, Pa. Vera Elvina Baker, born August 31, 1917, Eulalia Twp. Thelma Marie Baker, born Dec. 29, 1922, Coudersport, Pa. Clarence LaRaine Baker, born Dec. 18, 1923, Coudersport, Pa. Charles Frederick Baker, born July 20, 1928. Children of Walter & Vera Kimball Bloomer: Robert Edgecomb Bloomer, born Sept. 22, 1916, Eulalia Twp. Pa. Rose Onalee Bloomer, born Sept. 23, 1918, Eulalia Twp. Pa. Richard Joe Bloomer, born March 20, 1922, Sweden Valley, Pa. Children of William & Edna Maltby Kimball: Beverly Jean Kimball, born Sept. 30, 1931, Los Angeles, Calif. William Kimball, Jr., born Jan. 12, 1933, Los Angeles, Calif.
Kimball bible:
Marriages:
- Delilah Koon & Lewis B. Cole, June 17, 1867 at Harrison Valley, Pa., by Rev. Elder Thomas, pastor of the Baptist Church.
- Harriet Elizabeth Koon & William Riley Kimball, April 29, 1869, by L.B. Cole in Coudersport.
- Rose Koon & T.J. Gilbert, June 4, 1874
- Sterling Kimball & Lena Hartwick, Dec. 25, 1893 at Inez, Pa.
- Wanda Kimball & Simeon Baker, Feb. 6, 1913
- Vera Kimball & Walter Bloomer, March 16, 1916, at Coudersport, Pa.
- William Kimball & Edna Maltby, Jan. 23, 1931, in Perdo, Calif.
Children of William R. & Harriet Elizabeth (Koon) Kimball:
Art Kimball, born Sept. 8, 1871
Stirling Kimball, born Dec. 1, 1873, Eulalia Twp. Potter Co.
Children of Stirling & Lena (Hartwick) Kimball:
Wanda May Kimball, born Dec. 31, 1894
Veronica Imagine Kimball, born May 8, 1896
William Edward Kimball, born Jan. 22, 1910, at Cross Fork. Pa.
(Lena Hartwick, born March 24, 1874, Wayne Co. Pa.)
Children of Simeon & Wanda Kimball Baker:
Claudia May Baker, born Jan. 14, 1914, Coudersport, Pa.
John Sterling Baker, born March 25, 1916, Coudersport, Pa.
Vera Elvina Baker, born August 31, 1917, Eulalia Twp.
Thelma Marie Baker, born Dec. 29, 1922, Coudersport, Pa.
Clarence LaRaine Baker, born Dec. 18, 1923, Coudersport, Pa.
Charles Frederick Baker, born July 20, 1928.
Children of Walter & Vera Kimball Bloomer:
Robert Edgecomb Bloomer, born Sept. 22, 1916, Eulalia Twp. Pa.
Rose Onalee Bloomer, born Sept. 23, 1918, Eulalia Twp. Pa.
Richard Joe Bloomer, born March 20, 1922, Sweden Valley, Pa.
Children of William & Edna Maltby Kimball:
Beverly Jean Kimball, born Sept. 30, 1931, Los Angeles, Calif.
William Kimball, Jr., born Jan. 12, 1933, Los Angeles, Calif.

[S1704] Ancestry Family Trees- recovered, Pinney Family Tree pamelavincent1 20181201HAv.
Record for Edith M. Pinney (Leonard?) (11) facts
20181201HAv-
Pinney Family Tree pamelavincent1
Edith Marion Pinney
Edith Marion Pinney 1901-1995
BIRTH 3 JAN 1901 • Coudersport, Pennsylvania
DEATH 28 JUN 1995 • Coudersport, Potter, Pennsylvania
20181201HAv-
Pinney Family Tree pamelavincent1
Edith Marion Pinney
Edith Marion Pinney 1901-1995
BIRTH 3 JAN 1901 • Coudersport, Pennsylvania
DEATH 28 JUN 1995 • Coudersport, Potter, Pennsylvania

Cole, Charles 1961 obituary news anc_
20181201HAv-
Charles Cole obituary 1961
28 Feb 1961

Oil City, Pennsylvania

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Charles Cole
Coudersport - Funeral service was held here Monday for Charles Cole, a resident of this community who died…

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