LAST WILL AND TESTAMENT OF NATHANIEL SPENS
KNOW ALL MEN BY THESE PRESENTS:
That I, Nathaniel Spens of Mount Pleasant, County of Sanpete, State of Utah, considering the uncertainties of life, and being of the age of 77, and of sound and disposing mind and memory and not acting under duress, menace, fraud, or under any restraint or the influence of representation of any person whatsoever, do make, declare and publish this my last Will and Testament, in the manner following, to-wit:
First. I direct that my body be given a proper burial with due regard to my station and condition in life, without undue ceremony or ostentation.
Second. O direct that my executors, herein named, as soon as they shall have sufficient funds in their hands for that purpose, shall pay my funeral expenses and the expenses of my last illness, and any and all just debts, which I may be owing at the time of my death, and I further direct that my said executors shall within one year after my decease, erect and place upon my grave a suitable monument to my memory, with room for suitable inscription to be placed thereon after the decease of my wife, Mary Spens.
Third. I give, devise and bequeath unto my beloved wife, Mary Spens, if she shall survive me, the following property, for and during the term of her natural life:
The West half of the North East quarter and the East half of North West quarter of section 25, in Township 14 South of Range 4 East of Salt Lake Meridian, all situated in Sanpete County, Utah, and containing in all Two Hundred and Forty Acres.
And also all horses, cattle, and any and all other property of every kind and nature of which I may die seized or possessed.
Fourth. Upon the death of my said wife, Mary Spens, in the event that she shall have survived me, the said above described property, the life estate in which has heringbefore been devised and bequeathed to her, my said wife, Mary Spens, shall belong to my beloved sons and daughters and granddaughters and grandsons, to-wit: James Spens, residing at Mammoth, Juab County, Utah, John Alexander Spens, residing in Carey Co. Idaho, Bertha Mills, residing at Basil, Canada, Annie Rasmussen, residing at Burlington, Big Horn County, Idaho (sic.), Thomas Spens, Mary Jane Burnside, Nathaniel Spens, Sarah Wilcox and Clara Brown, all residing at Mount Pleasant, Sanpete County, Utah, and the following child of my beloved daughter Martha Mills, now deceased, Raymond Mills, residing at Basil, Canada.
To them, their heirs, executors, administrators and assigns forever, in equal and undivided interests, share and share alike, an undivided one-twelfth interest to each: and an undivided one-seventy second (1/72) interest to each of the following named grandchildren, sons and daughters of my beloved daughter Isabelle Erven Lloid (sic.), now deceased: Lillian Lloid Sullivan, Spens Lloid, Della Lloid, Edwin Lloid, John Lloid, Ester Lloid (all residing at Mammoth, Juab Co., Utah.
Fifth. In the event that my said wife, Mary Spens, shall not survive me, but shall have passed away before my demise, then and in that event, I give devise and bequeath all and singular the said above described property, and all other property of every kind and nature of which I may die seized or possessed, or to which I may be entitled to my said children and grand children in the foregoing section, named and set out, to them and their heirs, executors, administrators, and assigns forever, and undivided one-twelfth interest to each of my said children and to my said grandchild, Raymond Mills, and an undivided one-seventy-second (1/72) interest to each of the surviving children of my daughter Isabelle Erven Lloyd, deceased, all named in the foregoing section.
Sixth. I hereby declare that should by said wife, Mary Spens, survive me then upon her demise tht her body be given a proper burial with due regard to her station and condition in life, and that the expenses of her funeral and of her last illness, shall be paid out of my estate and a suitable monument be erected and placed upon her grave to her memory, provided that such a monument shall not theretofore have been erected.
Lastly, I hereby nominate and appoint my son James Spens and my daughter Elizabeth Chestnut (sic) the executors of this my last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 9th day of June, A.D. 1913.
Following Nathaniels signature:
The foregoing instrument, consisting of two pages besides this, was at the date hereof, by the said Nathaniel Spens, signed, sealed, and published as and declared to be his last Will and Testament, in the presence of us who, at his request, in his presence and in the presence of each other, have subscribed our names as witness thereto:
Oscar Anderson and James W. Anderson, residing at Mount Pleasant, Sanpete Co., Utah
On April 10, 1922, the court hearing notice was posted by F. P. Anderson at the courthouse, Perry Brothers Corporation, and the Manti Grocery. The notice stated:
"In the Matter of the Estate of
Nathaniel Spens, Deceased
The petition of Elizabeth Chestnut (sic) of Salt Lake City, Utah, praying for the admission to probate of a certain document, therewith filed in this court purporting to be the last will and testament of Nathaniel Spens, deceased, and that letters testamentary thereon be issued Elizabeth Chestnut (sic) the petitioner.
N. L. Edmunds, Clerk, signed the affidavit of posting dated April 10, 1992.
Has been set for a hearing Tuesday, the 2nd day of May A. D. 1922 at 10 oclock A.M., at the County court house, in the court room of said court, in Manti City, Sanpete County, Utah. Witness the Clerk of said court with the seal thereof affixed this 10th day of April, A.D. 1922. J.W. Cherry, attorney for Petitioner, signed by N.L. Edmunds Clerk.
This notice was also mailed according to "A Proof of Mailing Notices to Heirs" which states: I, N. L. Edmunds, Clerk of the Seventh Judicial District Court, Sanpete County, State of Utah, do hereby certify that on the 10th of April 1922, I mailed 22 full and correct copies of the notice by depositing the same in the U.S. Post office at Manti City, Utah, postage paid, one of said notices to each of the following named persons and address to-wit:
Elizabeth Chestnut, 653 Park St. Salt Lake City, Utah
Thomas Spens, Burlington, Wyoming
Nathaniel Spens, Burlington, Wyoming
Annie S. Rasmussen, Burlington, Wyoming
Bertha S. Mills, Bassano, Alberta, Canada
Mary J. Burnside, Mt. Pleasant, Utah
Sarah S. Wilcox, Mt. Pleasant, Utah
Clara S. Brown, Mt. Pleasant, Utah
Raymond Mills, Basil, Canada
Lillian Lloyd Sullivan, Dividend, Utah
Spens Lloyd, Eureka, Utah
Della Lloyd Finlayson, Spencer, Idaho
Edwin Lloyd, 345 South 9th East, Salt Lake City, Utah
John Lloyd, 345 South 9th East, Salt Lake City, Utah
Ester J. Lloyd, Dividend, Utah
Lindon S. Collard, Mohrland, Utah
Bessie Spens, 158 West 6th South, Salt Lake City, Utah
Lizzie Spens, 158 West 6th South, Salt Lake City, Utah
Harold Spens 158 West 6th South, Salt Lake City, Utah
Farrel Spens, Burlington, Wyoming
Eva Spens, Burlington, Wyoming.
Also J.W. Cherry, Atty. Mt. Pleasant, Utah.
Further action was taken. On May 22, 1922 Richard Brown, Amasa Scovil, and J.B. Staker were appointed Appraisers of the Estate. The appraisers reported the estate appraised for $4,500 Real Estate and $125 in personal property:
INVENTORY AND APPRAISEMENT
Real Estate: North East quarter; and East half of North West quarter of section 25, twp. 14 South, range 4 East, SLM, 240 acres; together with 15 shares capital stock of North Creek Irrigation Co., and 50 acres of high water right from North Creek. $4,500.00
Personal Property: 4 milch cows. $125.00
Notice to creditors was published in the Mt. Pleasant Pyramid weekly for five successive issues beginning May 26, 1922 and concluding on June 23, 1922. The notice read as follows:
Estate of NATHANIEL SPENS, deceased.
Creditors will present claims, with vouchers, to the undersigned, at the office of J. W. Cherry, attorney at law, Mount Pleasant, Utah, on or before the 27th day of July, 1922. ELIZABETH CHESNUT, Executrix.
On June 21, 1924, the Decree Establishing Notice to Creditors was signed by Judge Dilmouth Woolley. "It appearing to the satisfaction of this court that due and legal notice to the creditors of the said estate has been established of record, and that this decree be entered upon the minutes of this court and recorded."
May 26, 1924, Elizabeth Chesnut filed the first current account of Executrix. She notes that she was duly appointed, by order of this court on May 22, 1922 and "immediately entered upon the duties and ever since has been and now is the qualified and acting executrix of the said estate .that the estate of the said deceased came into the hand of your executrix consisted of a farm, appraised at $4,500.00 and of four head of milk cows. That your executrix leased said farm and cows to one Roy Brown for farming season of 1922 for the agreed price of $240.00. That said Roy Brown wrongfully and unlawfully sold two of the milk cows and that he left the neighborhood after having paid your executrix a total of $144.90 and that your executrix has been wholly unable to obtain any further payment form him on said lease and the sale of said cattle and your executrix considers the said Roy Brown wholly uncollectible at law. That the said farm was leased to one Jess Shelly during the period from May 1, 1923 to May 1, 1924 for the agreed rental of $200.00." Elizabeth sold Jess Shelly the two remaining cows for $80.00. Thus the rent from Roy Brown ($144.90) and Jess Shelly ($200.00) and the sale of the two cows to Jess ($80.00) total $424.90.
Expenses for the two years are as follows:
Taxes (including water tax) 1922 $ 89.40
Taxes (ditto) 1923 89.40
Paid on mowing machine 15.00
Paid for Lucerne Seed 18.00
Court costs 22.00
Advertising to creditors 4.00
To Attorney on account of fee 50.00
Cash on hand 137.10
In 1924, there was evidently a need to pay some bills related to the estate. Three letters in the file were responses to a letter suggesting a parcel of the land be sold to pay the expenses on the estate. Bertha, Annie and Nathaniel all wrote stating they did not want to have a portion of the land sold separately but that it all should be sold together. "I would rather sell it all when we sell," wrote Nathaniel from Cody, Wyoming (mailed June 14, 1922 with a two-cent stamp). "I am willing to pay my share to cover expenses and when we sell it all and setell (sic.) it all at one time. I will let Mr. T. J. Burnside speak for me."
The envelope read, "Return to Nat Spens, Cody, W.Y.O."
Annie wrote (June 10, 1924), "I am not in favor of selling the land mentioned in the notice sent to me. For my part if any land be sold I am in favor that it all be sold at one time and the estate, etc. divided as the will calls for. (signed) Mrs.Annie Spens Rasmussen.
P.S. If there is amount due the administrator, let heirs furnish the same. Leave the ground to be sold all at one time."
Bertha wrote on June 13, 1924, that she had never seen a copy of her fathers will and would like a copy. Of the sale of a parcel of the land she wrote, "I am not in favor of selling any part unless the family can agree on a price and sell it all. Waiting your reply, I am Mrs. B. Mills, P. O. Box 102, Bassano, Alberta, Canada.
The petition of Sarah Spens Wilcox, In the Matter of the Estate of Nathaniel Spens, Deceased , praying for the appointment of herself, administrix of the estate of Nathaniel Spens, requesting that Letters of Administration may be issued to her upon her taking the oath and giving bond as required by law and the order of this court, was signed on October 23, 1933. According to the document, there had been no account rendered by Elizabeth Chesnut since June 1924 and "That the said Elizabeth Chestnut (sic.) died on or about 7th day of February, 1933." There had been no revenue money from the estate since that time except lease money "which money had been disbursed for the benefit of one of the legatees under said will, with the consent and approval of all the legatees and devisees thereunder." (I believe the legatee who received the disbursement to have been Clara Spens Brown, the youngest of Nathaniel and Marys children.) In 1933, the living children, Thomas; Nathaniel, Jr.; and Annie lived in Burlington, Wyoming; Bertha lived in Calgary (610, 8th Ave East), Alberta, Canada; and Mary Jane, Sarah, and Clara lived in Mount Pleasant.
Heirs of deceased children were more scattered. Isabellas children Lillian Lloyd Sullivan, Spens Loyd and Ester J. Lloyd lived in Dividend, Utah. Della Loyd Finlayson lived in Spencer, Idaho and T.J. Lloyd lived at 345 S. 9th East, in Salt Lake City. Heirs of James Spens includded Lizzie Spens Olsen (1720 S0. 3rd East, Salt Lake City, Utah. Correspondence to Lindon Spens Collard, Bessie Spens and Harold Spens was to be sent to Lizzie Spens Olsen. Farrell and Eva Spens, heirs of Alexander Spens, were living in Mt. Pleasant, Utah. Heirs of Elizabeth Chestnut (sic.) were all in Utah; Bob was in Bingham, Margaret (Chesnut) Richins and Clyde Chestnut (sic.) were in American Fork, and Ed, Lillie May and Eva Chestnut (sic.) were at 653 Park Street in Salt Lake City.
Finally, Martha Spens Mills only heir was Raymond Mills at the same address as his Aunt Bertha.
In the Matter of the Estate of Nathaniel Spens, Deceased, #1004, a notice was sent to family members dated November 14, 1933. The hearing was set for Saturday the 2nd of December 1933. (L. R. Christensen, Attorney for the Petitioner, Ernell J. Mortensen, Clerk), at which time Judge Dilworth Woolley granted order appointing Sarah Spens Wilcox administratrix of Nathaniels will. A certificate of proof of will was also signed by Judge Woolley. This document stated that Nathaniel Spens was of a sound mind and not under duress when he signed the will at the age of 77 in the presence of Oscar Anderson and James W. Anderson, and declared to said witnesses that this document was his last will and testament.
The earlier sale (June 1942) of Real Estate and water stock to Jess Shelly for the sum of $2,650 is confirmed in a court document referred to as Order Confirming Sale of Real Estate, dated 28 Jun 1943. Also noted in this document is the private sale on December 22, 1942 to Mary R. Olsen, the lot which described to-wit: Beginning 20 chains East, and 19.35 chains North, and 3.63 chains East of the Southwest corner of Northwest quarter of Section 2, Township 15 South, Range 4 East, Salt Lake Meridian; thence North 3.21 chains, thence East 3.44 chains, thence South 3.21 chains, thence West 3.44 chains to point of beginning, containing 1.15 acres. The "estate now consists of about $2940.00." The costs of the administration were expected to be $200. Thus far the document reports that $26.00 and $50.00 have been paid toward the attorneys fees.
The Final Account and Report in the Matter of the Estate of Nathaniel Spens, Deceased was prepared and on August 31, 1943 the report was notorized in preparation for court in September. At this time there is a total of $3949.02 which includes sale of properties and income from rent and lot from 1936 to 1942. The summary showed total receipts amounting to $3949.02 and total expenditures of $738.59 over the years for land and water taxes, alfalfa seed, light bill, recording fees, abstracting fees, Administratrix commission ($130.00) and balance of attorney fees to John S. McAllister ($80.00). Sarah was kind, careful and diligent in her duties as Adminstratrix of her fathers will.
Finally on Monday, September 13, 1943 at 10 A.M. in the Seventh Judicial District Court in Manti City, with John B. McAllister as attorney for petitioner Sarah W. Christensen. The will was probated with a settling and final account report. (G.L. Fjeldsted, Clerk).
On November 10, 1943 the Amended Petition for Distribution was signed in court and reads as follows:
"To the honorable District Court in and for Sanpete County, State of Utah, the petition of Sarah W. Christensen, the administratrix with the will annexed of the Estate of Nathaniel Spens, Deceased, respectfully shows:
"James Spens, residing at Mammoth, Juab County, Utah, John Alexander Spens, residing in Carey Co. Idaho, Bertha Mills, residing at Basil, Canada, Annie Rasmussen, residing at Burlington, Big Horn County, Idaho (sic.), Thomas Spens, Mary Jane Burnside, Nathaniel Spens, Sarah Wilcox and Clara Brown, all residing at Mount Pleasant, Sanpete County, Utah, and the following child of my beloved daughter Martha Mills, now deceased, Raymond Mills, residing at Basil, Canada.
"To them, their heirs, executors, administrators and assigns forever, in equal and undivided interests, share and share alike, an undivided one-twelfth interest to each: and an undivided one-seventy second (1/72) interest to each of the following named grandchildren, sons and daughters of my beloved daughter Isabelle Erven Lloid (sic.), now deceased: Lillian Lloid Sullivan, Spens Lloid, Della Lloid, Edwin Lloid, John Lloid, Ester Lloid (all residing at Mammoth, Juab Co., Utah.
persons named in said will as devisees and legatees, except in those cases where such persons as are named as devisees and legatees have in the meantime died, and in such cases said list contains the names of those persons who are the heirs of such persons as are in said will named devisees and legatees and who have died; and that therefore, said list hereinafter written contains the names of those persons who are by said will entitled to share in said estate, and that opposite said persons name are written the respective sums which each is entitled to. That said persons are also the heirs at law of decedent.
amount to which they are respectively entitled are as follows:
Name Relationship and Address Amount
Nathaniel Spens Son, Burlington, Wyoming $267.54
Bertha Spens Mills Daughter, 910 8th Ave, East
Calgary Alberta, Canada $267.54
Mary Jane Spens Burnside Daughter Mt. Pleasant, Utah $267.54
Sarah Spens Wilcox Daughter, Mt. Pleasant, Utah $267.54
Clara Spens Brown Turpin Daughter, Burlington, Wyo. $267.54
Isabel Spens Lloyd, Deceased, a daughter, leaving heirs as follows:
Lillian Lloyd Sullivan 230 E. 3rd So, Salt Lake City $ 44.58
Della Lloyd Finlayson New Porter Hotel, Idaho Falls, Idaho $ 44.58
Spens Lloyd 2607 7th Street, Berkeley, California $ 44.58
John Lloyd 748 Harvest Ave., Salt Lake City $ 44.58
Ester Lloyd Davis Dividend, Utah $ 44.58
Edwin Lloyd, Deceased, a son of Isabel Spens Lloyd, leaving heirs:
Mrs. Edwin Lloyd, wife, 115 Bumelt Street, Renton, WA $ 14.86
Maurine Lloyd 115 Bumelt Street, Renton, WA $ 7.43
Betty Lou Lloyd 115 Bumelt Street, Renton, WA $ 7.43
Peggy Lloyd 115 Bumelt Street, Renton, WA $ 7.44
Robert Lloyd 115 Bumelt Street, Renton, WA $ 7.44
James Spens, a son, Deceased, leaving children, as follows:
Lizzie Spens Olsen 1728 So. 3rd East, Salt Lake City $ 53.51
Bessie Spens do. $ 53.51
Lindon Spens Collard, Deceased, a daughter of James Spens,
Deceased, leaving a husband and children, as follows:
Mr. _____Collard % Lizzie Spens Olsen 1728 So.3rd E
Salt Lake City, Utah $ 17.84
Elmo Collard do. $ 11.89
Virginia Collard do. $ 11.89
Marjorie Collard do. $ 11.89
Mary Spens Bee (Mills added), Deceased, a daughter of James
Spens, Deceased, leaving a husband and children as follows:
Lewis Mills, %Lizzie Spens Olsen 1728 So.3rd E, SLC $ 26.75
Ruth Bee (Mills added) do. $ 26.75
Alexander Spens, a son, Deceased, leaving a widow and children
Ethel Spens Kolstrom Mt. Pleasant, Utah $ 89.17
Farrel Spens Moroni, Utah $ 89.17
Eva Spens Delta, Utah $ 89.18
Elizabeth Spens Chestnut (sic), Deceased, a daughter, leaving
Children as follows:
Margaret Richins American Fork, Utah $ 44.58
Ed Chestnut (sic) Lehi, Utah $ 44.58
Lilly Mary Chestnut Lamb 559 ½ Fedora St, Los Angeles, Cal. $ 44.58
Eva Chestnut Banningfield 662 Fetlerly Ave. E., Los Angeles $ 44.58
Lizzie Payne, Deceased, dau of Elizabeth Chestnut, leaving
children as follows:
Everett Payne, husband 1763 S. Magnolia St. Los Angeles $ 14.86
Eva Payne do. $ 9.91
Art Payne do. $ 9.92
Lucille Brown do. $ 9.92
Clyde Chestnut (sic.) Deceased, a son of Elizabeth Chestnut,
leaving wife and children as follows:
Pearl Chestnut (sic.) wife American Fork, Utah $ 14.86
Clyde Chestnut (sic) do. $ 9.91
Shirley May Chestnut (sic) do. $ 9.92
James Chestnut (sic) do. $ 9.92
Thomas Spense (sic), a son, Deceased, leaving widow and
Children as follows:
Agnes Spense (sic), widow, Fairview, Utah $ 89.18
Alfred Spens 443 So. 4th East, Salt Lake City, UT $ 59.45
Nathaniel B. Spens Burlington, Wyoming $ 59.45
Florence Mower Fairview, Utah $ 59.45
Raymond Mills, a Grandson % Bertha Spens Mills, 190-8th Ave.,
Calgary, Alberta, Canada $267.54
Annie Spens Rasmussen, a daughter, Deceased, leaving husband
and children, as follows:
Spens Rasmussen Burlington, Wyoming $ 89.18
Reta Rasmussen Burlington, Wyoming $ 59.45
LaVar Rasmussen Kemmerer, Wyoming $.59.45
Andrew Rasmussen, husband, Burlington, Wyoming $ 59.45
WHEREFORE, your petitioner prays that this her amended petition for distribution may be set for hearing, and that due notice thereto may be given to those entitled thereto; that after due notice and hearing, this court make its order and decree distributing the money left in said estate as set forth in her petition, together with any and all property of deceased hereafter discovered, in accordance with the provisions of the last will and testament of deceased as set froth in her petition; and that thereupon the administration of said estate be brought to a close, that this administration with the will annexed be discharged of her trust as such administratrix and that the sureties on her official bond be released and discharged; and that the court make such other and further order as is meet in the premises.
Signed: Sarah W. Christensen, Petitioner
John S. McAllister
Attorney for Petitioner, Mt. Pleasant, Utah
State of Utah
County of Sanpete, SS.
Sarah W. Christensen, being first duly sworn, deposes and says that she is the petitioner in the foregoing petition, that she has read the contents thereof and knows the same to be true, except as to those matters stated upon information and belief, and as to such matters she believes it to be true.
Signed: Sarah W. Christensen, Affiant
Subscribed and sworn to before me this 10th day of November, A.D.1943
Signed John S. McAllister
Notary Public, Mt. Pleasant, Utah
My commission expires January 10, 1956