Monday, November 14, 2011

Amanuensis Monday - Will of John L Spring

John L Spring is one of my brick walls.  He was the father of my 3rd-great-grandmother, Elizabeth Lowry (Spring) Rodenberger, with his second wife Martha L. Moreland.  From handwritten notes placed in a Dawson family bible, we have a birth date of 12 February 1794.  From various censuses, we believe his birth location to be Massachusetts.  The earliest we have place him is 27 August 1818 in Harrison Co, Ohio where John L Spring married his first wife, Margaret Williams, of Virginia.  His Last Will & Testament, dated 4 June 1866, was entered into Probate at the Vigo Co, Indiana Court House on 3 January 1872.

Last Will & Testament of John L. Spring of Brazil, Clay, Indiana
[Source:  FHL#1377996, Item 3 – Will Record, v.1, Mar 1853-Mar 1874, Vigo Co, Indiana; page 484-485]

Last Will and Testament of John L. Spring

Last Will and Testament of John L Spring

Know all men by These Presents that I John L Spring of Brazil County of Clay and State of Indiana, bring a sound mind and memory, do make and Publish this my last Will and Testament.
                First,        I give and bequeath to my daughter Mary A Getty         Four hundred dollars
Second.                  I give and bequeath to my son, John.  John F Springs, heirs Olivia Spring and Ellen   Spring.   One hundred dollars each.
Third.    I give and bequeath to my daughter Racheall B Holt’s heirs Albert Holt and Ellen Holt.     One hundred dollars each.
Fourth. I give and bequeath to my son William W Spring               Four hundred dollars
Fifth.     I give and bequeath to my daughter Sarah W Rodenburgers heirs             Four hundred dollars to be equally divided among them.
Sixth:     To My daughter Elizabeth L Rodenburgers  heirs, I give and bequeath Four hundred dollars, each to have an equal proportion of same.

                Now it is herein understood by these presents, that at my death, that the Executor of this my last Will and Testament herein after named, cause[?] to be paid to my son William W Spring the Amount I bequeath to him, and also my daughter Mary A Gettys Amount I bequeath to her.  On my death should they or either be living at that time, but in care of their deaths, or either of them, said Amount I bequeath to them, to be equally divided with their heirs at Law.  And it is to be further understood, that no money is to be paid heirs until they arrive at the age of Twenty one years.
                I further ordain and appoint Eli Hendrix of Brazil Ind as Executor of this my last Will and Testament, and it is further understood, that if my moneys should fall short of Amounts as above mentioned then it is to be divided in proportion to Amounts of money and effects.  But in case of an increase of moneys and effects, it is to be equally divided between Sarah W Rodenbergers heirs and William W Springs heirs, and Elizabeth L Rodenbergers heirs.
                In Testimony Thereof, I have on this day, Set my hand and Soul, publish and declare this to be my Last Will & Testament in the presence of the witnesses named below this 4th day of June 1866.
                                                                                                                John L Spring  {SEAL}
This is signed in our presence and declared to be by John L Spring, his last Will & Testament and by his request and in presence of each other, we subscribe our names as witnesses
                John Hendrix Jr  {Seal}
                Thomas Desort  {Seal}
                Eli Hendrix  {Seal}

Proof of Will

State of Indiana}
Vigo County}
                Thomas Desart personally appeared before the Clerk of the Court of Common Pleas of said county, and being sworn says that John L Spring signed his name to the above writing of date 4th day of June 1866, as and for his last will and that the same was attested and subscribed by said Thomas Desart, John Hendrix Jr and Eli Hendrix as witnesses thereto, in his presence, and by his request, that said Testator was not at the time of executing said will an infant, or of unsound mind, or under coercion.
                                                                                                                Thomas Desart
Subscribed and Sworn to before me this 3rd day of January 1872               
                                                                                                                Martin Hollinger Clerk
Attest the signature of said Clerk, and his Seal of Office, the date last aforesaid.                               
                                                                                                                Martin Hollinger, Clerk {Seal}
State of Ind. V.C.

Certificate of Probate
I, Martin Hollinger Clerk of the Court of Common Pleas of Said County, certify that the within last Will and Testament of John L Spring, late of Vigo County, deceased, has been duly admitted to Probate; that its due execution was this day proved by Thomas Desart, whose proofs, together with such Will have been duly recorded on 484th page of the Record of Wills Vo. 1, in our office.
                In Witness Whereof, I have hereunto set my hand and affixed the Seal of Said Court, this 3rd day January 1872.
                                                                                                                Martin Hollinger Clerk {Seal}

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