Last  Will  and  Testament
of
Fannie  Perkins


          I  Fannie J. Perkins, of the City of Shelbyville, Shelby County, in the State of Indiana, do hereby make this my last Will and Testament, hereby revoking all former wills by me made.

Item 1.  It is my will, and I direct that any and all personal or individual debts owing by me at the time of my death, shall be paid out of the part of my estate hereinafter bequeathed to my daughter, Helen Perkins.

Item 2.  To my husband, Edward L. Perkins, if he shall survive me, I do hereby will and devise the following described Real Estate in the City of Shelbyville, Shelby County, in the State of Indiana, towit:    Beginning at a point Fifty-four (54) feet North of the South-east corner of Lot Number Four (4) on North Miller Street in Montgomery's Second Addition to the City of Shelbyville (said point being on the South line of Franklin Street as now located, in said city) and running thence West on the South line of said Franklin Street Fifty-five (55) feet; thence South ninety-three (93) feet; thence East Fifty-five (55) feet to the West line of said Miller Street Ninety-three (93) feet to the place of beginning.  The said parcel of land being parts of Lots numbered Three (3) and Four (4) on North Miller Street in said Addition to said City.  Subject to a covenent running with the title of said real estate made by a former grantor thereof, as follows:  "It is agreed by and between the grantors and the grantees herein that no dwelling house or other structure of any kind ever be erected upon the above described real estate, the North line or wall of which shall be North of a line drawn Twenty (20) feet South of the North line of the said real estate and running parallel with said North line, and this provision is made as incumbrance upon said real estate to run with the title thereto."  Said real estate to be taken and held by said Edward L. Perkins in fee simple, subject to tax liens and any and all other liens thereon at the time of my death.

Item 3.  I do also hereby will and bequeath to my said husband, Edward L. Perkins, if he shall survive me, the sum of Ten Thousand ($10,000.00) Dollars in cash, to be paid to him at the times and in the manner following, towit:  Said payment of the said sum of Ten Thousand ($10,000.00) Dollars is hereby made and shall be and remain, until paid a charge and lien upon the real estate owned by me and hereinafter devised to my daughter Helen Perkins, and one-half part thereof, towit:  Five Thousand Dollars shall be paid to my said husband by my said daughter, her heirs or legal representatives, within Twelve (12) months from the date of my death, and the remaining one half part thereof, towit:  Five Thousand Dollars shall be paid to my said husband by my said daughter, her heirs or legal representatives, with in Twenty-four months from the date of my death, Provided, that upon the payment in full of the Said sum of Ten Thousand ($10,000.00) Dollars, my said husband shall execute and deliver to my said daughter, her heirs or legal representatives, a proper receipt,  relinquishment and satisfaction of said charge and lien made and provided in this item of my will, to be placed of record in the proper public record so as to release and discharge from such lien and charge all of the property by this will charged with the payment of the said sum of Ten Thousand Dollars.

Item 4.  I do hereby will and bequeath to my daughter Helen Perkins all household goods, all stock in the Spiegel Furniture Company, all stock in the Spiegel Cabinet Company, both of the City of Shelbyville, in the State of Indiana, together with all of the personal property of whatsoeverkind or description, owned by me at the time of my death, to be taken and owned by her absolutely, subject only to the provisions of Item 1 of this will.

Item 5.  I do hereby will and devise to my said daughter, Helen Perkins, all of the following real estate, to wit: A part of sub-lot number two (2) in Miller and McFarland's out-lots to the Town (Now City) of Shelbyville, Shelby County, in the State of Indiana, and situated on Washington Street and which out-lot is described as follows:  Beginning Eighteen and one-half (18 1/2) rods South, and Forty-six (46) rods West of the North-east corner of Section Six (6) in Township Twelve (12) North and Range Seven (7) East, and running thence South to the North side of Jackson Street; thence West Six (6) rods; thence North to the center of Washington Street in said city; thence East to the place of beginning, and the part herein devised to said Helen Perkins is Forty-nine (49) feet off of the entire East side of said above described tract, and is subject to the easements of said Washington Street.  Also, Beginning at a point One Hundred Eight and one-half (108 1/2) feet West of the North-west corner of Mechanic and St. Mary's Streets, in the City of Shelbyville, in Shelby County, in the State of Indiana, and running thence West in a westerly course on the North line of Mechanic Street One Hundred Three (103) feet; thence North parallel with the West line of St. Mary's Street, One Hundred Eighteen (118) feet to an Alley; thence East on the South line of said alley One Hundred Three (103) feet, to a point One Hundred Eight and one-half (108 1/2) feet West of the West line of St. Mary's Street; thence South One Hundred Eighteen (118) feet, to Mechanic Street at the place of beginning.   Also, All of Lots numbered five (5), Sixteen (16), Seventeen (17), Nineteen (19), Twenty (20), Twenty-one (21) and Twenty-two (22) in Block Number One (1) in Cloverdale Tract, now a portion of the City of Portland, and all in the County of Multnomah and State of Oregon, United States of America.  And also,  All of Lots numbered Fourteen (14) and Fifteen (15) in Block number One (1) of the Town site of Cloverdale as shown upon the duly recorded plat of said Cloverdale in the records of Multnomah County, State of Oregon, all in the County of Multnomah, in the State of Oregon.  All of said real estate herein devised to my said daughter shall be held and owned by her in fee simple subject only to the charge and lien thereon in favor of my said husband, Edward L. Perkins, in the sum of Ten Thousand ($10,000.00) as provided in "Item -3-" of this will, and subject to tax liens and all other liens thereon at the time of my death, if any such liens exist.

Item 6.  All and any residue of real estate owned by me at the time of my death, if any there be, I do hereby will and devise to my said daughter, Helen Perkins, absolutely and in fee simple.

Item 7.  It is my will and hereby direct that if my said daughter shall not be living at the time of my death, but shall have a child or children,  her and me surviving, then the share of my estate that would have gone to my said daughter, if living, under and by the terms of this will, shall go to and belong to such child or children share and share alike under the same terms and conditions as herein provided.

Item 8.  In the event that my said husband, Edward L. Perkins, shall not survive me, then I will, bequeath and devise all of my property both personal and real to my daughter, Helen Perkins, absolutely and in fee simple, subject only to the payment of my just debts.

Item 9.  I hereby constitute and appoint my brother, Charles A. Spiegel, as executor of this my last will and testament, and request that he shall be required to give only a nominal bond as such executor.In witness whereof I have here unto set my hand and seal at the City of Shelbyville; in Shelby County, in the State of Indiana, this 24th day of April, A.D. 1912.                                       

Fannie J. Perkins (seal)

The foregoing will was signed, sealed and acknowledged by the said Fannie J. Perkins in our presence and was declared by her to be her last will and testament, and at her request, and in her presence, and in the presence of each other we now subscribe our names hereto as witnesses, and for the purpose of identification we do also place the initials of each of the five pages upon the margin of the said will, This 24th day of April, A.D. 1913.

Charles B. VanLue
Geo. H. Meiks   

State of Indiana, Shelby County,SS:
                      Be it remembered, that on the 10th day of April, A.D., the judicial day of the February Term of the Shelby Circuit Court in said year, come into open Court Helen Perkins Jones and Dorsey Jones, her husband, by Meiks and Hack their attorneys, and produces in Court an instrument in writing purporting to be the last Will and Testament of Fanny J. Perkins, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Charles B. VanLue and George H. Meiks the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court, on oath, declare and testify as follows, that is to say:  That on the 27th day of April, 1913, they say the said Fannie J. Perkins sign her name to said instrument in writing as and for her last Will and Testament, and that this deponent, at the same time, heard the said Fannie J. Perkins declare the said isntrument in writing was, at the same time, at the request of the said Fannie J. Perkins and with her consent attested and subscribed by the said Charles B. VanLue and George H. Meiks in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Fannie J. Perkins was, at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is more than twenty-one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.

          Chas. B. VanLue
          Geo. H. Meiks

Sworn to and subscribed by the said Charles B. VanLue and George H. Meiks before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 10th day of April 1915.
 

        ( seal )      Cecil B. Collins, Clerk

Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Fannie J. Perkins deceased, is the last Will and Testament of Fannie J. Perkins, deceased, and is herby admitted to probate and record in this Court.

      Cecil B. Collins, Clerk


State of Indiana, Shelby County, SS:
          I, Cecil B.Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of  Fannie J. Perkins has been duly admitted to probate, and dulyproved by the testimony of Charles B. VanLue and George H. Mieks the subscribing witnesses thereto, that a complete record of said Will and of the Testimony of the said Charles B. VanLue and George H Meiks in proof thereof, has been by me made and recorded in Book 6 at 564, 565, 566, 567, 568, 569, 570, 571 of the record of Wills of said County.In Attestation Whereof I have hereunto subscribed my name, and affixed the seal of said Court, at Shelbyville, Indiana, this 10th day of April, 1915.

  Cecil B. Collins, Clerk ( seal )


I, Edward L. Perkins, widower of Fannie J. Perkins, deceased, late of Shelby County in the State of Indiana, who died testate and whose last Will and Testament has been duly admitted to probate and recorded in the Shelby Circuit Court, of said County and State, in Will Record No. 6 on pages 514 t0 571 inclusive, of the records of said County, do hereby elect to take and accept the provisions made by said will in my favor in lieu of my rights and interest as such widower, under the statutes of descent in and to in and to the real estate of which my said wife died seized, as well as in all other property by her owned at the time of her death, and in consideration of the provisions of the said will my said Statutory rights as such widower, in and to the real estate of which my wife died seized, under the Statues of descent, as well as all interest in the personal property of which she died the owner, under the statues of deceased, are by me hereby released and relinquished. 

    Edward L. Perkins 

State of Indiana, County of Shelby SS: 

          Before me, the undersigned, a Notary Public, in and for the said County and State, this 6th day of July A.D. 1915, personally appeared Edward L. Perkins, widower of Fannie J. Perkins, deceased, and acknowledged the Execution of the above and foregoing instrument of Election and acceptance as his free act and deed - In testimony whereof I have hereunto set my hand and Notarial Seal, this 6th day of July, A.D.  1915

Geo. H. Meiks, Notary Public


Will and Testament of Fannie J. Perkins has been duly admitted to probate, and duly proved the testimony of Charles B. VanLue and George H. Meiks the subscribing witnesses thereto, that a complete record of same Will, and of the testimony of the said Charles B.VanLue and George H. Meiks in proof thereof, has been by me recorded in Book 6 at Pages 565, 566, 567, 568, 569, 570, 571 of the record of said County.  In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said County of Shelby, Shelbyville, Indiana, this 10th day of April, 1915.  

Cecil B. Collins   ( seal )  

Transcribed by Pat Lorentzen

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