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Nancy Robb

Nancy Robb

Female 1810 - 1893  (83 years)

Personal Information    |    Media    |    Notes    |    Sources    |    All    |    PDF

  • Name Nancy Robb 
    Born 8 Jun 1810  Gibson County, Indiana Find all individuals with events at this location 
    Gender Female 
    Died 5 Nov 1893  Bowling Green, Kentucky Find all individuals with events at this location 
    Buried Warnock Cemetery, Princeton, Gibson, Indiana U.S.A. Find all individuals with events at this location  [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. Find all individuals with events at this location,   d. 10 Mar 1864, Gibson County, Indiana Find all individuals with events at this location  (Age 58 years) 
    Married 7 Sep 1833  Hazelton, Gibson, Indiana U.S.A. Find all individuals with events at this location 
    • !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 Find all individuals with events at this location,   d. 24 Jan 1886, Princeton, Indiana Find all individuals with events at this location  (Age 51 years)
     2. Sarah Ann "Sallie" Devin,   b. 27 Feb 1837, Gibson County, Indiana Find all individuals with events at this location,   d. 19 Sep 1906, Carmi, Illinois Find all individuals with events at this location  (Age 69 years)
     3. David A. Devin,   b. 6 Feb 1839, Gibson County, Indiana Find all individuals with events at this location,   d. 15 Mar 1872, Gibson County, Indiana Find all individuals with events at this location  (Age 33 years)
     4. Susan Elizabeth Devin,   b. 27 Sep 1840, Gibson County, Indiana Find all individuals with events at this location,   d. 19 Nov 1919, Bowling Green, Kentucky Find all individuals with events at this location  (Age 79 years)
     5. Joseph Franklin Devin,   b. 24 Dec 1842, Gibson County, Indiana Find all individuals with events at this location,   d. 20 Jun 1889, Indianapolis, Indiana Find all individuals with events at this location  (Age 46 years)
     6. James Achilles Devin,   b. 11 Nov 1844, Gibson County, Indiana Find all individuals with events at this location,   d. 11 Jul 1880, Princeton, Indiana Find all individuals with events at this location  (Age 35 years)
    Last Modified 9 May 2012 
    Family ID F1029  Group Sheet  |  Family Chart

  • Documents
    Nancy Robb Devin-Obit
    Nancy Robb Devin-Obit
    Princeton Clarion Leader
    Nov 9, 1893
    Nancy Robb Devin-Obit
    Nancy Robb Devin-Obit
    Princeton Clarion Leader
    Nov 23, 1893

    Headstones
    Nancy ROBB Devin Headstone
    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

  • Sources 
    1. [S32] Find-A-Grave.com, https://www.findagrave.com/memorial/19309088/nancy-devin.