Here is a letter I found in my Aunt and Uncles belongings, I thought it
might be of interest to some of the families.
E. E. FRIEDLINE
Attorney-at-Law
JONESBORO, INDIANA
April 19, 1938
Mr. R. Pace
Abstract of Mrs. Grace Etchinson,et.al.
Gas City, Indiana
Dear Sir: I have today examined an abstract of title No. I to 35
inclusive prepared by AMANDA HAMAKER, with extension numbered from 37 to 44
inclusive prepared by A JAY KEEVER, and extensin numbered 45 to 67 inclusive
prepared by Heber Davis on the following described Real Estate situate in
Grant Co. in the State of Indiana, towit.
Commencing 33 feet East of the center of Water street and at a point due
East of the North line of Lynn Street in the town of Jonesporo, Grant Co.,
Ind., and running thence East 132 feet, thence North 70 feet, thence West
132 feet, thence South 70 feet to the place of beginning containing 35 1/2
square rods and being a part of the North West Quarter of Section 4,
Township 23 North Range 8 East.
I note the following objections to the title.
1. At No. 52 of said Abstract , SUSANNAH M. HERSHBERGER conveyes said
land to ALLISON S. MILLER.
The deed show same to have been signed by SUSANNAH M. HERSHBERGER and
duly acknowledged by her; The deed also shows that it is signed by FRANK
HERSBERGER but the same has not been acknowledged as to him. The deed does
not recite that FRANK HERSHBERGER is the husband of said SUSANNAH M.
HERSHBERGER, which is VITAL.
In Indiana, a married woman cannot convey her lands, unless joined by her
husband in such conveyance.
A quit clam deed from said SUSANNAH M. HERSHBERGER and FRANK HERSHBERGER her
husband should be procured, recorded and abstracted.
2. At No 53 the Will of ALLISON S. MILLER in Item #1, provides that
"All my just debts must first be paid."
An affidavit should be procured showing that all the just debts and
funeral expenses of said ALLISON S. MILLER, deceased have been paid.
3. The said will, further provides tha RACHEL L. MILLER shall have all
the property of ALLISON S. MILLER during her lifetime and at her death, the
same is bequeathed to the children of ALLISON S. MILLER (naming them).
The children would have no title to said real estate until after the death
of said RACHEL L. MILLER and the payment of her funeral expenses.
An affidavit showing the date of her death and that her funeral expenses
have been fully paid should be procured and same with the affidavit named in
Objection No. 2, should be recorded and abstracted.
4. Taxes shown at No. 67, are a lien on said lands together with the
taxes for the yeaar 1938.
Aside from these criticisms, said abstract shows a merchantable title to
said real estate.