Transcription of Ignatius A Spalding Sr's Will

Date: 24 Nov 1851 to 19 Jan 1852
Location: Union, Kentucky, United States
Surname/tag: Spalding

Source

• 1852 I. A. Spalding Will. Kentucky, Union County, Will Book C, pp. 92-95, County Court. Digital images 330-331 of 570, FamilySearch ([1]: accessed 5 May 2021)

Transcription

Ignatius A. Spalding Will
I Ignatius A Spalding of Morganfield County of Union and State of Kentucky being in low health but sound in mind and being well advanced of the uncertainty of life and the certainty of death and feeling desirous to dispose of my estate do make and ordain this my last will and testament in manner following
When I married my present wife Nancy I received by her the following property: an tract of land which has since been sold for eight hundred dollars, one negro woman Eady who has since been an deissued and excluded and for whom I received five hundred dollars; One negro girl Mildred that I have sold for five hundred dollars and the following negroes some of which have been born since and are the ???e of the negroes received by my wife towit Cimon, Frank, Henry, Elick, Tyra and her two children Ellen, Lou and Malinda; This is the whole of the property brought to me by my wife; Now I do wish the negroes brought to me by my wife and all their increase together with the eighteen hundred dollars Eady, Milda and the land sold for to be added to the bulk of my estate which I own in my own right and I do give unto my said wife Nancy the one third part of my whole estate when ??? together as above mentioned to be used and enjoyed during her natural life. My Executors in setting apart to my said wife the third part of my whole estate are directed to set apart unto her as part of all the aforesaid negroes and their increase that come by her and the aforesaid eighteen hundred dollars for which Eady and Milda and the said tract of land sold for, also to allot to her my tract of land near Morganfield of about three hundred acres bought of Catlett Sutton and Townsend, also another tract of One hundred and sixty acres adjoining the above lately bought of James Weir Executor. The balance necessary to make up to my wife her third part, I direct my executors to lay off to my wife out of the bulk of my estate.
In addition to what I have given my wife I do give her the right ot use and enjoy as long as she may so desire my present dwelling home in Morganfield and the toh? And buildings thereto attached, I do further give her all my household and kitchen furniture. I further direct to be laid off to her one hundred and fifty acres of the land purchase of Jeremiah Ingram to be laid off on that side the tract next George Catlett & Hopgood to be laid off the whole length of that side and to be thirty poles wide next the Madisonville road and between that width half way and then wider for quantity. I devise the forgoing property to be and and [sic] enjoyed by my wife during her life and at her death I do will and devise the negroes that came by her and all their increase and the aforesaid eighteen hundred dollars, the sum Eady, Milda and the land sold for to my son Ignatius A Spalding Jr.
I do also will unto him my said son Ignatius, after his mother’s death, the said three hundred acres of land bought of Sutton, Catlett and Townsend and for this he is to be charged fifteen dollars per acre. I do in like manner give him subject to his mothers life estate therein – the one hundred and sixty acres adjoining purchase of Weirs Exors and and charge him therefor one hundred acres. I do devise give him after his mothers death the one hundred and fifty aces of the In???? land to be laid off as due and charge him therefor three dollars per acre. The residence of my wifes third after her death, I devise to my three sons equally towit Robert A Spalding, Samuel P Spalding, and Ignatius A Spalding Is to be their and their heirs, My sons Robert A Spalding & Samuel P Spalding have receipted to me for ten thousand dollars each as money paid them by me devised from the Pottenger estate. Now this money was never in fact paid but they are to draw out that amount each from the onjuial copetal part in the firm of Cavan Spalding & co. at Henderson and severally to ??? the for of it in the same. My daughter Allethair I Cowan has received through me of the Pottenger estate one thousand dollars and I do also charge her such a negro named John at five hundred dollars who has since ??? this leaves yet five hundred dollars due her heirs from the Pottenger estate. Now I do will unto her two children James P. Cowan and Susan A Cowan the aforesaid five hundred dollars to be divided equaly between them. I do further will the said two children on my daughter three thousand dollars each which is in full of all they are to get from my estate. In the event of the death of either of my two grant children Jane P. Cowan and Susan A Cowen without lawful issue I do direct the legacy hereby given such child that may so die shall go to the survivor and should both die without issue the amount hereby given them is to revert to my estate. I do wil unto my son Robert A Spalding a tract of about five hundred and thirty acres of land in Union County lately purchased of Stephen Cromwell’s executors, and I also charge him therefor fifteen dollars per acre. I do also devise unto him one hundred and fifty acres of land part of that purchased of Ingram to be laid off the East side next to the lands of Samuel Willett that is on the line extending from the Calitrate Spring to the Madisonville road the same width all the way. I charge him therefor three dollars per acre. The rest and residue of my whole estate real personal and mixed, I do will and devise unto my three Sons, Robert A Spalding, Samuel P Spalding, and Ignatius A Spalding equally. I do direct my executors to pay all my just debts as & justly as they find convenient.
In regard to the Pottengen estate I intend the forgoing as a complete Settlement of it and should either of my children further inquire into that estate I do desire? that any residue not herein accounted for is charged to their education.
What property I have charged to Robert and Ignatius I intend an advancement to them and they are to be charged with the same and the said several prices charged – for it is my declared intentions to divide my estate equally between my three sons save what is given Ignatius as having come by his mother and the Pottenger estate which is not brought into a division. I have given Robert A. a better education than Sam and Ignatius is also getting a good education – Now I do therefore give and bequeath with my son Samuel P. Spalding five hundred dollars over and above his equal share of my estate in order to equalize the education of my sons and he is not to be charged therewith. My son Ignatius is to finish his course of studies at St Joseph’s College and not be chargeable on the part or future out thereof.
I do nominate and appoint my wife Nancy or Ann and my three sons Robert A. Saml P. and Ignatius A. Spalding executors of this my last will and testament an request no security be required of them, as I have full confidence in their integrity, signed sealed and published on and for my last will and testament this 24 day of November 1851
I A Spalding
Witnes F C Brady
Geo Huston

Union County Court Sct
January ^Jan 19 1952 Term 1852
This last will and testament of Ignatius A Spalding dec’d was this day produced in open Court and proven by the oaths of George Huston and F. C. Brady subscribing witnesses thereto to be the last will and testament of said Ignatius A Spalding decd whereupon same was ordered to be recorded, which is done accordingly
Attest Jeff Bruin clk
Union County Court