"Know
all men by these presents: That I, Lewis Love, of Portland
Multnomah county, Oregon, being over the age of 80 years
and being of sound and disposing mind and memory, do make
and declare this as my last will and testament, in manner
and form following, that is to say: I make, constitute and
appoint T.T. Struble, Philo Holbrook and H.C. Breeden
executors of this my last will and testament, and request
and direct that no bonds or undertaking be required of them
as such, nor of them as trustees to hold my estate to a
certain time hereinafter mentioned. I direct that all of my
just debts, including funeral expenses and the expenses of
administration, be paid by my executors. In order that my
purpose and ownership of property shall be clearly
understood, I hereby preface my devises and bequests as
follows: I have made no deed to any person or persons to
any real or personal property to take effect at or after my
death. I made five deeds to my children and grandchildren
September 21, 1894, which were executed and acknowledged
before T.T. Struble, notary public. I made eight deeds to
my children, grandchildren and grandchild December 28,
1896, which were also acknowledged before T.T. Struble,
notary public; other than these mentioned deeds I have made
none since the first mentioned ones of date September 21,
1894. I am the owner absolute of the following real
property in the city of Portland, Oregon; Lots 1 and 2,
block 117, city; lot 4, block 116, city; lot 3, block 10,
city; north half lot 2, block 10, city; lot 8, block 111,
city; south half of lot 2, block 4, city; the east 75 feet
and 11 inches of the south half of lot 4, block 3, city;
the north half of lot 4, block 3, city; the south half of
lot 3, block 3, city. I have never made a deed to any
person or persons of any part or piece of this property
whatever. I also own 757 acres, more or less, of land in
sections 10, 11, 14 and 15, township 1 north, range 1 east,
Willamette meridian; a portion of this land is outside of
and a portion inside of the city limits of Portland,
Oregon. I have made no deed to any of this acreage to any
person or persons at any time, except for Columbia
Cemetery. It is my purpose to will at this time all of my
property, personal, real and mixed, to my legal heirs in
the same proportion as the law would convey the same to
them in the absence of any will by me, reserving only the
burial place where my wife is now buried, and a strip of
land two feet in width adjacent thereto on the west, north
and east of said burial spot, and I hereby set aside said
burial place (spot) and said two feet of land adjacent
thereto forever as a resting place or burial spot for my
wife and myself; said burial place joins Columbia Cemetery
on the northwest corner, which said cemetery is in section
10, township 1 north, range 1 east, Willamette meridian.
"My
will is and I direct that my estate shall be divided into six
(6) shares or parts of equal value, to be disposed of in the
following manner, viz: First. I give, devise and bequeath to
my son, Fred D. Love, one of said shares or parts. Second. I
give, devise and bequeath to my son, Green C. Love, one of
said shares or parts. Third. I give, devise and bequeath to
my son, Lewis P. Love, one of said parts or shares. Fourth. I
give, devise and bequeath to my grandson, William King, a son
of my deceased daughter, Malinda J. Shepherd, one-third part
of one of said shares or parts. Fifth. I give, devise and
bequeath to my granddaughter, Matilda Shepherd, wife of James
Shepherd, and a daughter of my deceased daughter, Malinda J.
Shepherd, one-third part of one of said shares or parts.
Sixth. I give, devise and bequeath to my great-granddaughter,
Hazel King, who is a minor child, and a daughter of Albion
King, deceased, who is a son of my deceased daughter, Malinda
J. Shepherd, one-third part of one of said shares or parts.
Seventh. I give, devise and bequeath to my daughter, Mary C.
Stafford, one of said shares or parts. Eighth. I give, devise
and bequeath to the children of my deceased son, William
Love, one of said shares or parts of my estate to be divided
among said children as follows: To L.W. Love, the one-fifth
part of said share; to John A. Love, the one-fifth part of
said share; to Ulysses G. Love, the one-fifth part of said
share; to Charles W. Love, the one-fifth part of said share;
to Frank P. Love, the one-fifth part of said share.
"It
is my will and purpose that my estate shall be kept intact
and not distributed to my devisees till January 1, 1907
(nineteen hundred and seven). I direct that my executors
shall proceed to administer upon my estate at once after my
demise, and having in due time closed up my estate as
executors, that then my estate shall pass to them as
trustees, to be held in trust for my said devisees till
January 1, 1907, and managed by them as such trustees till
the time of final distribution. I direct that my trustees,
T.T. Struble, Philo Holbrook and H.C. Breeden, from time to
time as the receipts of my estate may exceed the
expenditures, such portion thereof as in the judgment of my
said trustees can safely be distributed be distributed and
paid to the devisees pro rata, not oftener than two times in
each twelve months. I direct that my trustees make final
distribution of my estate on January 1, 1907, or as soon
thereafter as practicable, and if my devisees can agree, said
final distribution can be by division of my property by such
agreement, but if they cannot so agree, then my trustees
shall make a division of my property according to the shares
and parts of shares in my estate and my devisees can cast
lots for their several interests either in person or by their
lawful representatives. Be it remembered, however, that in
the administration of my estate by my executors, and before
they close up my estate, and it passes to them as trustees,
all personal property is to be sold, and the proceeds of such
sale will belong to and become a part of my estate.
"In
their trust my trustees are hereby empowered to rent property
and collect rents, make necessary repairs to property, pay
taxes, or to be more explicit, they are empowered hereby to
collectively do all acts that I could do were I living,
necessary to protect and keep my estate intact for my
devisees hereinbefore mentioned. Should a vacancy occur in my
trustees, then the remaining ones or one are to act and carry
out this trust. This is my only will, but I now refer to a
canceled will made by me April 13, 1896, for the purpose of
corroborating the idea that it was always my purpose to
distribute my property equally between my several children
and to the heirs of those of my children who had died,
leaving children or grandchildren.
"Be
it remembered that reference to said canceled will shall not
make it a part of this will, but only show what my intentions
have always been toward my heirs. Reference to the fact in
this will that I am the owner of and have made no deed to
certain property, is because I have been informed, reliably,
of one fraudulent deed to certain valuable property
purporting to have been made by me and also have heard rumors
of the existence of another fraudulent deed. I pronounce and
declare all such deeds or deed as fraudulent; and any and all
claims of any person or persons of having genuine deeds or
titles to any of the property hereinbefore described, are
false and villainous, and I hereby instruct my executors and
trustees to contest any such claims to the uttermost, that my
property may be kept intact and saved to my lawful heirs as
herein devised. And lastly, I do hereby revoke all other
wills heretofore made by me, and declare this and no other to
be my last will and testament, and desire that of this proof
shall be taken and admitted to probate as a muniment of
title.
"In
witness whereof I have hereunto set my hand this 5th day of
January, 1899. [ Signed] Lewis Love. [ Seal.]
"The
above instrument was at the date thereof signed, sealed,
published, and declared by the said Lewis Love as and for his
last will and testament, in presence of us, who at his
request, and in the presence of each other, have subscribed
our names as witnesses thereto. [ Signed] O.P.S. Plummer,
Residing at Portland, Oregon. Edward Holman, Residing at
Portland, Oregon."
