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
Chas. B. VanLue
Geo. H.
Meiks
( 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 )
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
Cecil B. Collins ( seal )
Transcribed by Pat Lorentzen