Will of Nelson Spaulding
Contributed by, Russ Bickers
Nelson Spaulding, was born Jan. 6, 1802 in Kentucky. He was buried in Cane Creek Church Cemetery just outside of French Lick, Orange Co., Indiana. His wife's stone is right next to his.
April 16, 1872: Will of Nelson Spaulding
Probate-Wills 1816-1892, Book 2, Pg. 222-223; Paoli, Orange County, Indiana
Family History Center, L.A., California (Microfilm SL#1,316,746)
I, Nelson Spaulding of Orange County and State of Indiana being of Sound mind and of disposing memory do make and publish this my last will and testament hereby revoking all former wills made by me.
First - I desire that after my death my body Shall receive a plain Christian burial at such time and place as my Surviving Wife and Children May Elect
Second - I desire that all my just debts Shall be paid of any the first money which Shall come into the hands of my Executor herein after mentioned
Third - I hereby give and bequeath unto my beloved wife Elizabeth Spaulding an amount of money equal to all the cash I ma have In hand at the time of my death and also the total procedes of all notes and accounts which ma then due me and, all the household and kitchen furniture of every nature and description which me then belong to me and this in full of her interest in my Estate
Fourth - Thereby give devise and bequeath to my daughter Charlotte Weaver wife of Thomas Weaver the following real Estate in Orange County Indiana and described as follows to wit. - the north East quarter of the north East quarter of Section twenty-nine township one North of range two west and the Southwest quarter of the South East quarter and the South East quarter of the South west-quarter of Section twenty in Same township and range it being the farm upon which I now reside and this is in full of all of her interest in my Estate
Fifth - I desire that my Executor may as Soon after my death as practicable Sell upon such terms as to him seem proper all the remainder of my Estate both real and personable and after the Same is converted into money I derict that it ma be equally divided between Richard A. Spaulding Telitha Moore Widow of John Moore Lucinda Baxter Loucinda Webb Louisa Baxter and Clarenda Moore Widow of Edward Moore My Children and grand Children and for the purpose of carrying out the provisions of this my last will I hereby authorise and empower my executor to Sell all my Said estate not otherwise Specifically bequeathed inacp___ ant of controle of all counts a fully as I myself could have done it during my life time
Sixth - I desire that the interest of any or all of my Children mentioned in item fifth Shall be Subject to the payment of any just debt which any or all of them may owe me at the time of my decease and my executor is hereby directed to withhold from any or all of them an amount equal to any debt which ma be due from either of them to me
Seventh - I hereby nominate and qppoint my Son Richard A. Spaulding Sole Executor of this my last will and testament.
In testimony whereof I have hereunto set my hand and Seal this Sixteenth day of April 1872
Nelson Spaulding {Seal}
Given Sealed published and acknowled by the above named Nelson Spaulding as and for his last will and testament - in our presence and we hereunto subscribe our names at his request as witnesses thereto in his presence and in the presence of each other and we further certify that at the time Said Nelson Spaulding signed Said Last will and testament he was of Sound mind and disposing memory and under no coercion whatever
Jno C. Albert
William Terrell
The State of Indiana } SS
Orange County }
Be it Remembered that on the Seventeenth day of January 1873 William Terrell one of the Subscribing witnesses to the within and foregoing last will and testament of Nelson Spaulding late of said County deceased personally appeared before me John C. Lingle Clerk of the court of Common Pleas of Orange County in the State of Indiana and being duly sworn by the Clerk of said Court upon his oath declared and testafied as follows, that is to say that on the Sixteenth day of April 1872 he saw the said Nelson Spaulding sign his name to said instrument in writing as and for his last will and testament and this deponent at the same time heard the said Nelson Spaulding declare the said instrument in writing to be his last will and testament and that the said instrument in writing was at the same time at the request of the said Nelson Spaulding and with his concent attested and subscribed by the Said William Terrell and John C. Albert in the preset of Said testator and in the presence of eath other as Subscribing witnesses thereto and that the Said Nelson Spaulding was at the time of signing and Subscribing of said instrument in writing as aforesaid of full age that is more than twenty one years old and of Sound and desposeing Mind and memory and not under any coersian or restraint as the said deponant verily believes and farther deponent say not -
William Terrell
{Seal} Sworn to and Subscribed by the Said William Terrell before me John C. Lingle Clerk of said Court at Paoli the Seventeenth day January 1873 John C. Lingle Clerk
In attestation whereof I have hereunto Subscribed my name and affixed the Seal of said Court
John C. Lingle Clerk
The State of Indiana } SS
Orange County }
I John C. Lingle Clerk of the Court of Common Pleas of Orange County Indiana do hereby certify that the within annexed will and testament of Nelson Spaulding has bin duly admitted to probate and duly proved by the testimony of William Terrell one of the Subscribing witnesses thereto that a complete record of such will and testimony of the Said William Terrell in proof thereof has bin by me duly made and recorded in Book 2 at pages 222 & 223 of the record of Wills of Said County
In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court at Paoli this 17th day of January 1873. John C. Lingle Clerk Court of Common Pleas Orange County