Shelby County, Indiana
In the name of God our Father, I Esther Spurlin being sound in mind do
make and declare the following to be my
last express will in
regard to the disposition of my estate among my children and Grandchildren after
my death viz:
Item #1. After my death I desire my estate executor to pay
out of my personal estate all my just debts including my expenses of last
sickness, funeral expenses and the cost of settling my estate.
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
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
to my son Joshua Spurlin and his wife Armilda, jointly, to my son
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
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
Geo. M. Wright Geo. W.
Transcribed by Barb Huff
from the estate papers of Esther Spurlin,
deceased: Petition by Pherigo Heirs to
Sell Real Estate, Box 263, 1885