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Edward Spaulding, in July, 1785, made his will, and after providing for the payment of his just debts and funeral expenses, devised as follows. “The residue, &c., the real as well as personal interest, I give and bequeath unto my beloved wife, Audery Spaulding, for and during her natural life, to be improved for her benefit, and providing for my children, relying on her goodness and discretion in that particular, as she may think proper. In case my said wife A. S. should not live to see my youngest son, John Spaulding, arrive to the age of 21 years, in that case I give and bequeath the all and full of every part and parcel of such of my estate as may be left by my said wife unto my daughter, Amey Sheldon, to be by her improved, and as a home for my said son, John Spaulding, as an equivalent for my said son’s bringing up, till he arrives to the age of 21 years; at which time my will is, that all my then estate, real as well as personal, shall be divided amongst my children, Amey, Edward, and John, equally, share and share alike, to them and their heirs for ever, or to the surviving children, in case of death to either of them leaving no issue. Further, should it so happen, that all my said children should die and leave no issue, and my wife survive them, then and in that particular my will and desire is, that the estate aforesaid be and remain hers in fee simple to dispose of at her will and pleasure.””

Case Citation

5 Mason 336