|
1810 - 1893 (83 years)
1805 - 1864 (58 years)
Birth |
22 May 1805 |
Warren County, Kentucky U.S.A. |
Died |
10 Mar 1864 |
Gibson County, Indiana |
Buried |
Warnock Cemetery, Princeton, Gibson, Indiana U.S.A. |
|
Father |
Alexander Devin, b. 22 Mar 1769, Pittsylvania County, Virginia |
Mother |
Susannah Nowlin, b. 12 Mar 1771, Pittsylvania County, Virginia |
Married |
10 Jul 1795 |
Pittsylvania County, Virginia U.S.A. |
|
Family |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
Children |
| 1. Nancy Cordelia Devin, b. 18 Oct 1834, Gibson County, Indiana |
| 2. Sarah Ann "Sallie" Devin, b. 27 Feb 1837, Gibson County, Indiana |
| 3. David A. Devin, b. 6 Feb 1839, Gibson County, Indiana |
| 4. Susan Elizabeth Devin, b. 27 Sep 1840, Gibson County, Indiana |
| 5. Joseph Franklin Devin, b. 24 Dec 1842, Gibson County, Indiana |
| 6. James Achilles Devin, b. 11 Nov 1844, Gibson County, Indiana |
|
|
1834 - 1886 (51 years)
Birth |
18 Oct 1834 |
Gibson County, Indiana |
Died |
24 Jan 1886 |
Princeton, Indiana |
Buried |
Warnock Cemetery Princeton, Indiana |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
Family |
Nathaniel B. French, b. 20 Apr 1827, Patoka, Indiana |
Married |
25 May 1854 |
Gibson County, Indiana U.S.A. |
Children |
| 1. Laura Devin French, b. 3 Nov 1856, Gibson County, Indiana |
| 2. Effie French, b. 1859, Gibson County, Indiana |
| 3. Flora R. French, b. Abt 1865, Indiana |
| 4. Joseph Devin French, b. 18 Mar 1866, Gibson County, Indiana |
| 5. Lucius Scott French, b. Aug 1868, Gibson County, Indiana |
| 6. William E. French, b. 1876, Gibson County, Indiana U.S.A. |
|
|
1837 - 1906 (69 years)
Birth |
27 Feb 1837 |
Gibson County, Indiana |
Died |
19 Sep 1906 |
Carmi, Illinois |
Buried |
Warnock Cemetery, Princeton, Gibson County, Indiana |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
1839 - 1872 (33 years)
Birth |
6 Feb 1839 |
Gibson County, Indiana |
Died |
15 Mar 1872 |
Gibson County, Indiana |
Buried |
Warnock Cemetery Princeton, Indiana |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
1840 - 1919 (79 years)
Birth |
27 Sep 1840 |
Gibson County, Indiana |
Died |
19 Nov 1919 |
Bowling Green, Kentucky |
Buried |
FairView Cemetery Bowling Green, Kentucky |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
Family |
William Stump Ragland, b. 26 Sep 1835, Warren County, Kentucky |
Married |
22 Jan 1861 |
Indiana |
|
1842 - 1889 (46 years)
Birth |
24 Dec 1842 |
Gibson County, Indiana |
Died |
20 Jun 1889 |
Indianapolis, Indiana |
Buried |
Warnock Cemetery Princeton, Indiana |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
1844 - 1880 (35 years)
Birth |
11 Nov 1844 |
Gibson County, Indiana |
Died |
11 Jul 1880 |
Princeton, Indiana |
Buried |
Warnock Cemetery, Princeton, Gibson County, Indiana |
|
Father |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. |
Mother |
Nancy Robb, b. 8 Jun 1810, Gibson County, Indiana |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
|
Family |
Isabelle J. Wheeler, b. 31 Dec 1856, Indiana U.S.A. |
Married |
21 Jun 1875 |
Gibson County, Indiana U.S.A. |
Children |
| 1. Nellie R. Devin, b. 22 Nov 1877, Gibson County, Indiana |
| 2. Elmer Gibson Devin, b. 25 Jul 1879, Gibson County, Indiana U.S.A. |
|
|
-
Name |
Nancy Robb |
Born |
8 Jun 1810 |
Gibson County, Indiana |
Gender |
Female |
Died |
5 Nov 1893 |
Bowling Green, Kentucky |
Buried |
Warnock Cemetery, Princeton, Gibson, Indiana U.S.A. [1] |
Person ID |
I2744 |
My Reynolds Line |
Last Modified |
8 Jun 2020 |
Family |
Joseph Devin, b. 22 May 1805, Warren County, Kentucky U.S.A. , d. 10 Mar 1864, Gibson County, Indiana (Age 58 years) |
Married |
7 Sep 1833 |
Hazelton, Gibson, Indiana U.S.A. |
- !MARRIAGE:Ten Generations of Rev. Alexander Devin, Ten
Generations of Rev. Alexander Devin, Truitt, Joyce Nell,
dated 19981101; page 13
|
Children |
| 1. Nancy Cordelia Devin, b. 18 Oct 1834, Gibson County, Indiana , d. 24 Jan 1886, Princeton, Indiana (Age 51 years) |
| 2. Sarah Ann "Sallie" Devin, b. 27 Feb 1837, Gibson County, Indiana , d. 19 Sep 1906, Carmi, Illinois (Age 69 years) |
| 3. David A. Devin, b. 6 Feb 1839, Gibson County, Indiana , d. 15 Mar 1872, Gibson County, Indiana (Age 33 years) |
| 4. Susan Elizabeth Devin, b. 27 Sep 1840, Gibson County, Indiana , d. 19 Nov 1919, Bowling Green, Kentucky (Age 79 years) |
| 5. Joseph Franklin Devin, b. 24 Dec 1842, Gibson County, Indiana , d. 20 Jun 1889, Indianapolis, Indiana (Age 46 years) |
| 6. James Achilles Devin, b. 11 Nov 1844, Gibson County, Indiana , d. 11 Jul 1880, Princeton, Indiana (Age 35 years) |
|
Last Modified |
9 May 2012 |
Family ID |
F1029 |
Group Sheet | Family Chart |
-
Headstones |
| Nancy ROBB Devin Headstone Inscription: NANCY DEVIN RELICT OF JOSEPH
DEVIN. BORN, JUNE 8, 1810. DIED NOV. 5,
1893. Calm is her sleep and long and deep, But
bright will the wahing [waking] be The cross has benn
borne, the crown shall be worn Through all Eternity |
-
Notes |
- [Reports of cases decided in the Appellate Court of the
State of Indiana, Volume 48; by Indiana Appellate Court;
pages 379-383]
May Term, 1911.
Devin v. McCoy--48 Ind. App. 379.
Devin v. Mccoy, Trustee.
[No. 7,743. Filed February 21, 1911. Rehearing denied May
9, 1911. Transfer denied June 30, 1911.]
1. Wills.?Construction.?Purpose.?The object of construing a
will is to determine the testator's intention, p. 381.
2. Wills.?Trusts.?Termination.?A trust created by a will
bequeathing and devising to testator's two grandchildren
the share that their deceased father would have received,
"subject to the conditions hereinafter named," and
providing for a trustee to take and to hold such property
for such children "until the contingencies named in the
next succeeding clause of the will, in the meantime using
of the profits thereof enough only for their education and
economical support," and providing that "if [plaintiff]
dies before he has children born unto him, his share of
[testator's] estate shall go to his sister, * * * if she
survives him," is not a spendthrift trust, and terminates
upon the birth of a child to the plaintiff, pp. 381, 3S2.
3. Wills. ? "Contingencies." ? Meaning of. ? The word
"contingencies," as used in a will providing that the
trustee shall hold certain property "until the
contingencies named," imports some future event that may or
may not occur, p. 3S2.
4. Appeal.?Mandate.?Death.?Where appellant died before his
appeal was decided, the judgment will be made as of the
date of submission, p. 3S3.
From Gibson Circuit Court; Herdis Clements, Judge.
Suit by Elmer G. Devin against John R. McCoy, as trustee of
Elmer G. Devin and others. From a judgment for defendant,
plaintiff appeals. Reversed.
M. M. Bachelder, W. W. Medcalf and John 77. Miller, for
appellant.
John li. McCoy, 0. M. Welborn and J. E. McCullourjh, for
appellee.
Laiey, J.?This suit was brought by appellant against
appellee, for the purpose of obtaining au accounting by
John R. McCoy, trustee under the will of Nancy Devin,
deceased, and praying that said trustee be ordered to turn
over to appellant the property in his hands, upon the
theory that Devin v. McCoy?48 Ind. App. 379.
the trust created by the terms of said will had terminated
before the commencement of the suit.
Items five, six and seven of the will of Nancy Devin create
the trust here under consideration. It is necessary to the
decision of this case that a construction be placed on this
part of the will, and therefore we set out these items in
full.
"Item 5. All the residue of my estate and personal property
shall be divided equally among my children, Susan E.
Ragland and Sallie Devin, and my two grandchildren, Nellie
R. Devin and Elmer G. Devin, to receive the same share that
would have descended to James A. Devin (now deceased), who
was their father, and to take and receive under this will
subject to the conditions hereinafter named.
Item 6. 1 hereby nominate and appoint Henry L. Wallace as
trustee for Nellie and Elmer, and for each of them, who
shall take and hold and manage such of my estate as is
given to said grandchildren, until the contingencies named
in the next succeeding clause of the will, in the meantime
using of the profits thereof enough only for their
education and economical support, having view of the
probable value of their inheritance.
Item 7. If Nellie R. Devin dies before she has children
born unto her, her share of my estate shall go to her
brother, Elmer, if he survives her. If Elmer dies before he
has children born unto him, his share of my estate shall go
to his sister, Nellie, if she survives him, but if they
both die without having children born to them, their shares
shall be distributed to the other beneficiaries of item
five of this will."
The complaint sets out the will, and alleges that it was
duly probated after the death of the testator; that Henry
L. Wallace, who was named as trustee therein, died, and
that John R. McCoy was, by the Gibson Circuit Court,
appointed his successor; that appellant was lawfully
married on October 9, 1909, and that a child was born to
him, by virtue of said marriage, which was still living at
the time the suit was commenced.
A demurrer for want of facts sufficient to state a cause of
action was sustained by the trial court, and this is the
only error relied on for reversal.
Devin v. McCoy?48 Ind. App. 379.
It is contended by the attorneys for appellee that the
ruling of the lower court is correct, for the reason that
the complaint shows that the trust created by the will of
Nancy Devin had not terminated when this suit was
commenced. They take the position that the trust created by
said will was a spendthrift trust, that it was intended to
continue during the life of Elmer Devin, and that it
cannot, by the terms of the will creating it, terminate
before his death. Appellant contends that the trust was
terminated, so far as Elmer Devin was concerned, before the
action was commenced, by the marriage of Elmer Devin and
the birth of a child as shown by the complaint.
When did the testatrix intend that the trust created by her
will should terminate? This is the decisive question in
this case. In construing a will, effect should be given
1. to the intention and purpose of the testator, if this
can be gathered from the terms of the will. Was it
the purpose of the testatrix in creating said trust to
provide for the maintenance of appellant during his life,
2. and at the same time to secure it against his
improvidence and incapacity, and preserve the property
unimpaired to his heirs? If so, the trust would continue
during the life of the cestui que trust, and the position
of appellee should be sustained. We cannot think that the
provisions of the will creating this trust indicate such an
intention. Item six of the will does not expressly provide
that the trustee shall hold the estate given to Nellie
Devin and Elmer Devin during their lives, or the life of
either of them; but it does provide that he shall hold and
manage such estate until the contingencies arise that are
named in the next succeeding clause of this will, in the
meantime, using of the profits thereof enough only for
their education and economical support, having in view the
probable value of their inheritance.
A contingency is some future event that may or may not
occur. It is evident that the testatrix had in mind some
such Devin v. McCoy?48 Ind. App. 379.
event, upon the happening of which the trust was 3. to
terminate. Item seven of the will is not entirely clear as
to the contingency referred to in item six. It provides
that "if Nellie Devin dies before she has children born
unto her, her share of my estate shall go 2. to her
brother, Elmer, if he survives her. If Elmer dies before he
has children born unto him, his share of my estate shall go
to his sister, Nellie, if she survives him, but if they
both die without having children born to them, their shares
shall be distributed to the other beneficiaries of item
five of this will."
If we should hold that the termination of the trust
depended upon the death of the cestui que trust, this would
be to say that the termination of the trust depends upon
the happening of an event that is a certainty and not a
contingency. If we should give the will this construction,
the contingency that appellant might or might not have a
child or children born to him before his death would have
no effect in hastening or delaying the time of the
termination of the trust, as the trust would terminate at
such death, regardless of whether or not he had children
born during his lifetime. .
To our mind the provisions of the will under consideration
do not evince an intention on the part of the testatrix to
create a spendthrift trust. We do not think it was her
intention to tie up the property in the hands of the
trustee during the life of her grandchildren, for the
purpose of providing for their maintenance, and at the same
time securing it against their extravagance or
improvidence. The provisions of item seven seem rather to
indicate that it was her purpose to control the ultimate
disposition of her property, so that it might not go to
strangers or depart from those of her own blood, and that
she created this trust for the purpose of securing this
end. The provisions of this item in her will indicate that
she contemplated that one or both her grandchildren might
marry and die without Dunn «. Means?48 Ind. App. 3S3.
issue, and that the property, if given to them absolutely,
would go to the surviving husband or wife, to the exclusion
of the kindred, who were of the blood of the testatrix. To
prevent this result, she placed the property willed to her
grandchildren in the hands of a trustee, and provided that
he should take, hold and manage it until the happening of a
contingency which would prevent this result. True, the
birth of a child might not absolutely prevent this result,
for such child might die before its parent, and the cestui
que trust thus die childless. This consideration does not,
however, change our opinion as to the purpose of the
testatrix in creating the trust, as she was no doubt
willing to risk the possibility of the child's outliving
the parent. She evidently intended that if either of said
grandchildren married and had a child born, this
contingency should terminate the trust as to him, and he
would be entitled to the property willed to him. We
therefore hold that the complaint shows that the trust, as
far as appellant is concerned, was terminated before this
suit was commenced, by the happening of the contingency
provided for in item seven. The demurrer to the complaint
should have been overruled.
The death of appellant has been suggested, to the 4. court,
and the judgment in this case is reversed as of the date of
submission.
Census:
1850 Gibson Co IN Princeton Twp p 20
1860 Gibson Co IN Princeton-Patoka Twp p 1060 & 1061
1870 Gibson Co IN Patoka Twp p 305A
Mother, Nancy Robb, age 75, b. DC? living w/Nancy Robb
Devin in 1850
Per Tom Hughes: she died in 1884
Possibly born in Hazelton, IN per page 13 of "Ten
Generations of Rev. Alexander Devin"; J. Nell Truitt;
19981101.
!BURIAL:Ten Generations of Rev. Alexander Devin, Ten
Generations of Rev. Alexander Devin, Truitt, Joyce Nell,
dated 19981101; page 13
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