WILL: Allen Perkins; Binghamton, Broome co., NY surname: Perkins, Metzger, Quaife submitted by Joanne Sholes (jlsholes at hotmail.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: December 1, 2005 This file has been created by a form at http://www.genrecords.net/nyfiles/ File size: 9.8 Kb ************************************************ Source: Sampubco.com Broome co NY Will Book Vol. 26 page 319 Written: February 6, 1892 Recorded: September 27, 1897 Record of the Last Will and Testament of ALLEN PERKINS Deceased And of the Proofs taken upon the Probate Be it Remembered, That heretofore, to wit, on the 17th day of September in the year of our Lord one thousand eight hundred and ninety seven, Charles W. Perkins and H. Eugene Perkins, the Executors named in the Last Will and Testament of Allen Perkins late of the City of Binghamton in the County of Broome deceased, appeared in open Court before the Surrogate of the County of Broome and made application to have the said Last Will and Testament and Codicil which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the Executors and all the heirs at Law and next of kin of the said testator and their respective residences and said Surrogate did thereupon insure a Citation in due form of Law directed to the said heirs at law and next of kin of said decedent, by their respective names, requiring them to appear before said Surrogate at his office in the Court House in the City of Binghamton, in said County, on the 27th day of September 1897 to attend the Probate of said Will. And afterwards to wit; on the 27th day of September A.D. 1897 satisfactory Proof in the manner prescribed by law for proof of service of a summons issued out of the Supreme Court, was produced and presented to said Surrogate, of the due service of said Citation, in the mode prescribed by law, and on that day the said Executors in said will named in person and by B.N. Loomis Esq their attorney appearing in support of the probate of said will and codicil and none appearing to oppose the probate of such Will and Codicil , such proceedings were thereupon had in said. Court afterwards that the said Surrogate took the proofs of said Will and Codicil hereinafter set forth upon this 27th day of September A.D. 1897 and he thereupon adjudged the said Will and Codicil to be a valid Will and Codicil of Real and Personal estate and the proofs thereof to be sufficient which said last Will and Testament and proofs are as follows, that is to say: The Last Will and Testament of Allen Perkins of the City of Binghamton County of Broome and State of New York. I , Allen Perkins, do make, ordain, publish and declare this to be my last will and testament in manner and form following that is to say, FIRST, After all my lawful debts, funeral expenses and expenses of administrating my estate are paid and discharged I give, devise, and bequeath my estate as follows. I direct the Executors of this my will hereinafter named to convert the whole of my estate as soon as convenient after my decease and without prejudice to my estate into money or safe investments to be one fund for the purpose of distribution according to this will. SECOND: I direct my executors hereinafter named to set apart from my estate the sum of Three Thousand Dollars in safe investments and hold the same in trust for thus use of my son Edgar A. Perkins and pay to him or for his support the income of said investments. Annually, quarterly, or monthly as he may need the same for and during his natural life and if said income for any cause should be insufficient for his support or payment of his funeral expenses my executors may supply the differences from the trust fund. and on his decease the said trust fund of $3000 or what may remain is to be and remain part of my estate. I give and bequeath to each of my Grand Children the sum of One Hundred Dollars viz. to Lizzie May Metzgar, Adeline Bessie Metzgar, Kate Louise Metzgar, Christian Allen Metzgar, to Ella Grace Quaife, Mary Christine Quaife, to Allen Perkins Foster to Lydia Manning Perkins, to Andrew Allen Perkins, Walter C. Perkins, and Herbert Eugene Perkins. I direct my executors to pay these legacies to the parents of these Grand Children respectively to be paid to them as such time as at the discretion of said parent will do each child most good. All the rest and residue of my estate I give and bequeath to my four children viz: Charles W. Perkins, Harriet Agusta Quaife, Mary Elizabeth Metzger, and Herbert Eugene Perkins equally, share and share alike, and the three thousand dollars set apart for the use of Edgar A. Perkins for life or so much thereof as remains at his death is to be part of the residuary legaties mentioned before the distribution of the residuary estate the share of each parent deceased is to go to his or her children. I do authorize and inform the executors of this will hereinafter named to contract, sell and carry any and all of my estate. Likewise I make constitute and appoint my two sons, Charles William Perkins and Herbert Eugene Perkins to be the Executors of this my last will and testament and I hereby revoke all former wills by me made. In witness whereof, I have hereunto subscribed my name and affixed my seal the sixth day of February in the year of our Lord One Thousand Eight Hundred and Ninety Two. ALLEN PERKINS The foregoing instrument was as the date thereof subscribed by Allen Perkins the testator therein named in the presence of us and each of us and he, at the time of making such subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last Will and Testament, thereupon we, at his request and in his presence and in the presence of each other do her subscribe as witnesses thereto. B. N Loomis residing at City of Binghamton, N.Y. C.W. Loomis residing at City of Binghamton, N.Y. CODICIL to the within will made this 6th day of July 1896 in the provision I have made for my son Edgar A. Perkins in the within will I have directed three thousand dollars set apart as a trust fund from my estate, I now revoke, make void, and annul the sum of three thousand dollars in trust and in lieu thereof I direct my Executors named in said will to set apart the sum of Two Thousand Dollars and safely invest the same to the maintenance and support of my son Edgar A Perkins as long as he lives and the income of the fund shall prove sufficient for his support including Board and Clothing and other necessary expenses to be provided by said Executors for his benefit which maintenance and support I make chargeable upon said $2000 and income and if any of said Trust fund remains at his decease it shall go into my residuary estate. And none of this fund is to be used for or during maintenance of my son unless decided by my Executors to be absolutely necessary. Allen Perkins The above codicil was at the date there of was subscribed by Allen Perkins the testator in the within will in the presence of us and each of us and the time of making such subscription he declared the same to be a codicil to the within will and apart thereof and we the said witnesses so subscribed in his presence and in the presence of each other. CW Loomis Binghamton, New York BN Loomis of Binghamton NY SURROGATE’S COURT COUNTY OF BROOME In the matter of proving the Last Will and Testament And Codicil of Allen Perkins Deceased Present TL Arms Surrogate Examination of Witnesses Sworn and Examined in the Above Entitled Matter Broome County, ss BN Loomis of the City of Binghamton in the County of Broome being duly sworn as a witness in the above entitled matter, and examined in open Court on behalf of the applicant to prove said will and Codicil deposes and say as follows I was personally acquainted with Allen Perkins in his lifetime. He is now deceased. I knew the above named decedent for more than 50 years previous to his death. The subscription of the name of said Allen Perkins the decedent, to the instruments in writing now shown to me, bearing date the 6 day of February one thousand eight hundred and ninety two and July 6 1896 and purporting to be his last will and testament and codicil was made by him in the presence of myself and CW Loomis the other attending witness. At the time of making said subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament and codicil and I thereupon then and there signed my name, as an attesting witness, at the end of said instrument at the request of said decedent and in his presence, and in the presence of the other attesting witness. I also saw said CW Loomis the other attesting witness sign his name as a witness. The said decedent at the time of so executing the said instrument was upwards of twenty-one years of age, and of the age of 80 years or thereabouts, and was a citizen of the United States. He appeared to be and it is my opinion and belief that he then was of sound mind, memory and understanding, and in all respects competent to make a will and not under restraint. Taken, subscribed, and sworn to before me September 27, 1897 JABrown, Clerk of the Surrogate’s Court.