Shelby County, Indiana
Courthouse Records
Last Will
of
Esther Spurlin
Courthouse Records
Last Will
of
Esther Spurlin
In the name of God our Father, I Esther Spurlin being sound in mind do make and declare the following to be my
Item #2. After the payment of all claims mentioned in item one hereof I desire that the residue of my personal estate shall be divided living and the descendants of those who are dead as is provided by laws of this State.
Item #3. I give to the children of my deceased daughter Martha A. Fenn the undivided 1/9 part in value of all my real estate to be held by them in fee simple.
Item #4. I give to the children and children’s children of my deceased daughter Tabitha J. Higgins the undivided 1/9 part in value of all my real estate in the proportions in which they would hold the same under the Statutes of descents to be held by them in fee simple.
Item #5. I give to my son Wilford Spurlin and his wife Severna, jointly, to my son Ithamar Spurlin and his wife Phoebe, jointly, to my son Joshua Spurlin and his wife Armilda, jointly, to my son George W. Spurlin and his wife Eliza, jointly, each the undivided one ninth part in value of all my real estate to be held and enjoyed by them and the survivor of each of them during their natural lives in trust for the use of all the children that are now, or shall be hereafter born to my said sons, to whom the same shall descend in fee simple equally.
Item #6. I give to my daughter Esther Pherigo and her husband John, jointly, to my daughter Emily Havens and her husband John L., jointly, and to my daughter Amanda Sullivan and her husband Noah H., jointly to each one the undivided one ninth part in value of all my real estate to be held and enjoyed by them and the survivor of each one of them during their natural lives and to be held by them or the survivors in trust for the use of all the children that are now, or shall be hereafter born to my said daughters to whom the same shall descend in fee simple equally.
Item #7. It is my express wish that whenever it shall be made to appear to a court of competent jurisdiction that it will be for the best interest of the beneficiaries respectively mentioned in the sixth and fifth items of this will that either one of the interest therein devised should be sold that said court shall have the power to order the sale of said interest under proper restrictions, but shall require the full proceeds thereof to be invested in other property equally as valuable which shall be held by said beneficiaries under the same restrictions as are made in said Items Six (6) and Five (5).
Item # 8. I hereby request my sons Ithamar Spurlin and Wilford Spurlin to take upon themselves the burden of the execution of this my last will and testament as the last favor I shall ever ask of them.
In witness whereof I have here unto set my hand and seal this twenty first day of October A.D. 1883
Esther Spurlin (SEAL)
Signed sealed and acknowledged by Esther Spurlin to be her last will and testament in our presence and the presence of each other the date above mentioned.
Geo. M. Wright Geo. W.
Fleming
Transcribed by Barb Huff
from the estate papers of Esther Spurlin, deceased: Petition by Pherigo Heirs to Sell Real Estate, Box 263, 1885
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