|Last Will and Testament|
Asa C. Nichols of Nebraska
In the name of God amen, I Acy Nichols of Hamilton County, Nebraska, considering the uncertainty of this mortal life and being of sound mind and memory, blessed be God for the same, do make and publish this my last will and testament hereby revoking all other wills made by me, in manner and form following that is to say:
First, I direct that my Funeral charges, the expenses of administering my estate and all my debts to be paid out of my personal property. If that be insufficient I authorize my executor, hereinafter named, to sell so much of my real estate as may be necessary for that purpose.
Second, I give and bequeath to my beloved wife Rosella NICHOLS one third of all my personal property after the debts are paid. I also give and bequeath to my beloved wife the use of one third of all my real estate during her natural life said real estate being hereinafter described.
Third, I give and bequeath all the residue of my estate real and personal to my children Trobridge [sic] NICHOLS, Ada KLINE, Mary NEWCOMER, Acy NICHOLS Jr. and Kate SMITH share and share alike as tenants in common, except the share of Trobridge which there is four hundred dollars to be taken from his share and equally divided among the other heirs, he having received that amount of his share. In case any one of my children shall die in my lifetime having issue or descendants I direct that his or her share shall not lapse, but shall be paid to such descendants in equal proportions.
Fourth, the following are the lands now owned by me, in the State of Nebraska, to-wit
South East Quarter of Section Four in Township Nine of Range Six West.
Fifth, I appoint my friend Thomas SMITH of Hamilton County, Nebraska, executor of this my last will and testament hereby revoking all former wills by me made.
In witness thereof I have hereunto subscribed my name, this twelfth day of January in the year of our Lord One Thousand Eight Hundred and Eighty Five.
We, whose names are hereunto subscribed, do hereby certify, that Acy C. Nichols, the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and declared at the same time in our presence and hearing that this instrument was his last will and testament and we at his request signed our names hereto in his presence as attesting witnesses.
Jerome H. Smith
James D. Kerr
Filed February 9th 1893
W. C. Stark
Note from the submitter:
Asa C. Nichols, son of John Nichols and Sarah Corbin, was born 17 September 1804 in Schodack, Rensselaer County, NY, and died 27 January 1893 at his home near Hampton, Hamilton County, Nebraska. Funeral services were held at Stockham, Hamilton County, NE. Asa Nichols and his wife, Rosella Niles, their daughters Adah Nichols Kline, Mary Nichols Newcomer and Katherine Nichols Smith, as well as a number of grandchildren, are buried in Aurora Cemetery in Hamilton County, NE.