Will of Henry Erskine Spilman

Henry Erskine Spilman


Submitted by Pat Doster

Campbell County Will Book C, page 87  Will made 20 Feb 1849, proved March 1849


"In the name of God Amen: I, Henry E. Spilman of the County of Campbell and State of Kentucky, being weak as to bodily Strength but being of Sound mind and perfect memory for which I thank God, and believing I am about to Close my earthly career, I am desirous to dispose of Such worldly estate as it has pleased God to bless me with, I do hereby make this my last will and testament in manner and form following: that is to Say First I wish my executors whom I shall hereafter name, to see that all my just debts are Settled out of the proceeds of Certain notes on hand for property heretofore Sold and Such personal estate as my executors may think proper to dispose of,  reserving to my wife Mary Spilman entire Control of all and every part parcel of household and Keitchen furniture to be by her enjoyed disposed of by her as she may wish, and after the Settling my debts out of the means heretofore named there Should appear to be any deficiency my executors are hereby authorized to Sell on a reasonable Credit any lot or lots that may at my decease be unsold, and further as my land is two Surveys, the home farm being a Separate tract and Separately deeded, I wish to authorize and do hereby authorize my executors to have a line run commencing at the west or North West Corner of a one acre lot Sold to Patrick Mulligan which lot of one acre fronts on Monroe Street, Said line to run at right angles with the line of Said lot which runs between Said acre lot H. E. Spilman at present agreeable to the plat laid down by W. R (K) Griffin, Said line to Continue through Said Survey in the same direction to the division line between H. E. Spilman and D. A. Thatcher and all. the land between Said division line and the State road or to more fully describe Same, Say the division line between me and Brother James Spilman, beginning in the mouth of Thatcher's lane running with Said line to James Spilman's Corner near the mouth of James Spilman's lane, thence with the lane course to the Town lots now laid out near a large Cherry tree inside of the graveyard fence. It is my wish that Said described tract of land together with a lot of land lying on the east end of Thos. McDurmott's lot of land Known by the name of the Tanyard tract, be sold by my said executors when it Shall appear to their Satisfaction that the Same is Selling for a fair value; the land refered Known by the name of old pasture field to be laid out in Town lots and Sold on a reasonable Credit at any time there may be a demand for the Same except such parts as may be near the branches or brakes which may be Sold in Small lots from one to three acres as to them may Seem best.  I also wish my executors as Soon as the Turnpike be located through Said field or parcel of land heretofore described, to lay off building lots on each side of the Said Turnpike Street. I also authorize my executors to Sell at any time a lot of land lying on the East Side of the State road and binding on Frank Spilman's line Known by common name as the lower or graveyard lot, reserving all & every part of land now occupied for a running Strait line in front parallel with the Street front so as to Keep Said lot in form, this lot of ground as a burying ground to remain entirely from the control of any person except So far as it may be for the purpose of preserving it from being thrown waste or otherwise abused & is not to be opened again for any burying purposes & I direct those who may hereafter Succeed me to See that the heretofore described burying ground be Kept clear of briars and undergrowth if it should not be done gratuitous by the public.

Having in a very short way directed the disposition of part of my real estate, I now direct that all the balance of my land lying on the west Side of the State road be attached to the home farm or Miller tract to be with the Said Miller tract and a11 the buildings and improvements to the whole of the Same enjoyed & controled by my beloved wife Mary Spilman during her natural life & widowhood, but if she Should think proper to marry, then two thirds of the sum to be divided between my children. I further direct that executors after the Schooling my two youngest Sons Robert S. and Henry E. Spilman Jr. and appropriate the Sums of Seventy five dollars each to be realized out of the Sale of my real estate heretofore directed to be sold & as my children who have married & left home have had Small advances, I further direct that my two Sons Robert S. Spilman & Henry E. Spilman Jr. on their arriving at the age of 21 have a horse Saddle & bridle worth Sixty dollars & one feather bed & furniture & also my daughter Elizabeth when She Shall have arrived at a proper (age) to take care of it, a first rate Side Saddle & bridle, also a feather bed & furniture, and one cow, for the purpose of making them equal with them already left home. I hereby constitute & appoint my two oldest Sons, namely Frank Spilman & Edward K. Spilman my executors. I further direct that whatever money may be on hand Shall be Subject to the necessities of my wife & to be paid by my executors over to her if She need the use of it or any part thereof.  But at the expiration of five years then Shall {there} be a Surplus that it is not likely will be needed the Same may be divided equally & the whole of my estate both real & personal I wish equally divided between my children, namely Margaret Thatcher, Frank Spilman, Edward K Spilman, Mriah Orr, Robert Spilman, Elizabeth and Henry E Spilman. 

I do hereby authorize my said Executors to make deeds for all the lots or parcels of ground which they may hereafter Sell under my will & to pass the legal title as effectual as if done by me in my own proper person hereby revoking all former Will, I do declare & publish this as & for my last {will} and testament in manner & form afsd."  February 20th, 1849

Henry E Spilman

Signed Sealed & acknowledged by us:
David Baker
R T Baker

State Of Kentucky
Campbell County

"This last Will & Testament of Henry E Spilman, deceased, was produced in open Court at the March 1849 & fully proven by the oaths of David Baker and R T Baker, the witnesses thereto & ordered to be recorded whereupon the Same is duly admitted to record in my office."
Attest: Ben D Beall, Clerk
by James H Parker, D C


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