Spouse: Unknown

Parents: Unknown

Born: Unknown

Died: unknown

Children: Unknown

Notes:
The only reference we have for him (just discovered him very recently) is his will dated 24 Feb 1838, registered with the Shelby County probate clerk on 3 March 1838) leaving $300 dollars and his medical books (He was a doctor in Shelbyville IN) to his brother F. P. Cummins. He also left $150 in land to the eldest or first surviving child to reach 21. of his sister Elizabeth Teal to be paid by his executor John Walker, a close friend. this may be the source of the middle name Walker that shows up in the family later. The will also lists an Uncle, Thomas Cummins buts gives no further information.
The fact that he does not mention children may mean he had none. why doesn't he leave anything to his sister, was she dead, well off or didn't he get along with her?


Last Will and Testament (written 24 Feb 1838):

The below will of Richard S. Cummins was written on 24 Feb 1838 and registered with the probate clerk of Shelby County IN on 3 March 1838. Considering these dates he must have known he was dying when he wrote it. In addition he names his friends John Walker and Royal Mayhew as his executors. This may well be the source of the middle name Walker that shows up in the next 2 generations of the family. Richard's brother, F. P. Cummins maried Francis A. Cummins on 2 July 1839, and we think she might have had the maiden name Walker.


The Will:

I Richard S. Cummins of Shelbyville, in the county of Shelby Indiana, do make and publish this my last will and testament hereby revoking and Making void all former wills by me at anytime heretofore Made. First I direct that my interment and funeral be conducted in a manner corresponding with my estate and Situation in life; And as to such worldly estate as I am possessed of I dispose of the Same in the following manner towit: I direct first that all my just debts, and funeral expenses be paid as soon after my decease as possible out ot the first monies that shall come to the hands of my executors from any portion of my estate real or personal - I also direct that a fair valuation or appraisement be made by three judicious Neighbors of all my real Estate including any housefold furniture, and after being signed with their names that a copy of the same be given by them to each of my executors.

I direct that a final account of all things relative to the partnership existing between Henery? H barker and myself be taken and after Satisfying all claims against said Copartnership, that a final division of all the profits and increases of said copartnership and all the affects and Stock on hand be made, and that my executors convert such profits afects and Stock togehter with all other my personal property (except such as is herin otherwise Specifically disposed of) into cash for the purpose of paying debts and of satisfying the legacies herinafter mentioned. I also direct that all the real estate of which I shall die ??????? or possed (except the lot or lots attached to, and on which my dwelling house Stable and out houses are Situated) Shall be sold by my executors for such Sum or Sums as can reasonably be got for the same, for cash or on Such credit and the amount thereof secured in such Manner as is usual in like cases, having regard to their encumbarnces by Mortage of otherwise in said estate, and to Sell the same subject to or discahrge of such incumbrances in whole or in part, as My executors Shall think fit - And to effectuate this my intention, I hereby vest my executors with full power and authority to dispose of my real estate in fee simple, or for a term of years or otherwise, in as full and ample a manner in every respect as I could myself do asw if living - I hereby give and devise to my beloved wife, all that part of my real estate or lots or parcels of land attached to and adjoining and on which my dwelling house Stable and out houses are Situated, being on the North of, and adjoining the town of Shellyville, with all the hereditaments??? and appurtenances thereto belonging - I also give and bequath to her all the personal property or household furniture of every description now in, and used in and about furnishing my dwelling house, and also my Miscellaneous books which real and personal property thus bequeathed to my said wife shall be in lieu of her dower and portion allowed by law is she Shall so elect - I next give and bequeath to My Brother Frederick P. Cummins Three Hundred dollars and My medical Library. And after the above legacies are Satisfied and paid in full - I next give and bequeath to the oldest or such child of my sister Elizabeth Teal as Shall first survive to the age of twenty one years, to vest in such child at the time such child Shall attain to that age the sum of One Hundred and fifty dollars in land to be laid out by John Walker --- and the said land together with the profits that may arise therefrom to be set apart for said Child as aforesaid - And if no such child of my sister Elizabeth Teal sgall arrive to the age of twenty one years, then the above bequest to such child, shall go to, and vest in, My brother Frederick P. Cummins.
I also give and bequest to my Uncle Thomas Cummins My gold watch, and any residue that may remain of my said estate I direct to be equally divided Between My wife, my Brother Frederick P. and the said surviving child of my Sister Elizabeth above named subject to the contingency above mentioned.
And I hereby make and ordain My friends John Walker and Royal Mayhew ______ executors of this my last will and testament - In witness whereof I Richard S. Cummins the testator have hereunto set my hand and seal this twenty fourth day of February in the Year of our Lord eighteen hundred and thrity eight.

Signed:
Richard S. Cummins (Seal)


Signed, sealed, published and declared, by the above named Richard S Cummins as his last will and testament, in the presence of us, who have hereinto Suscribed our names as witnesses thereto, in the presence of said testator and in the presence of each other.

Signed by: Chs. Conover John Allen



Below is the probate clerks record:

Beit ?????????? that on the Third day of March in the year Eighteen hundred and thrity-eight personally appeared before me ???? B. Morris Clerk of the Probate Court of Shelby County aforesaid John Allen and ????? ?????? of lawful age and being by me duly sworn upon oath say that they saw and heard Richard S. Cummins Sign Seal publish and declare the foregoing instrument of Writing as his last Will and Testament that he was of sound mind and memory at the time of its execution that they Signed their names thereunto as witnesses in his presence and at his request and in the presence of each other.

Signed: John Allen Chs. Conover

Sworn to and Suscribed before me at my office in shelbyville this day and year aforesaid. Signed: ?????? B. Morris Probate Court Shelby County