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� _ _----�— —�- _ �
<br /> .���;���:,; �
<br /> ��i 1�?
<br /> ran�e £S, in Merrick County, N�braska, �ub�ect to the payment by him to the r�aid Marie Lili�nthal,
<br /> 4P One H�zndred Dollar�, (�100.00 ) p�r annum; and by the
<br />' TWO
<br /> terme o#' the �aid will, devi�eed to his �aid �tepson, Wilhelm Gerbig, the said South half of the
<br />; �outheast quarter, (S� of the SE�) of Section 13, township 12 , Range 11, sub�ect to the payment oS
<br /> Ithe sum of �75.00 per annum to the sa,id l�arie Lilienthal ; and making no provision P�r the parties
<br /> of th� ��cond paxt , or either of them, except in the event that the said Marie I,ilienthal should
<br /> die before the death of the �aid testator.
<br /> And wherea�, it wa� well known to the widow and children of the said dee�ased that the testat�r
<br /> had decl�,red his intention ta devise to Detlef Lilienthal and ��ilhelm Gerbig, his �tepson, the
<br /> lands actually devised to them as a�ore�aid, and that all the rest and re�idue oP his estat�
<br /> should be devised to the said Marie I,ilienthal Por life, with the remainder to the parties oP the
<br /> �econd part hereto, with power to her to u�e �o much of �aid property a� should be n�eded 2'or her
<br /> support a,nd maintainance, aPter �xha,usting the amoYtnt made payable a� a2'oresaid by the �aid DetleS
<br /> Lilienthal, the said �(ilh�lm Gerbig and �,Pter �xhau�ting the rents from the said lands s� willed
<br /> to her for her u�e, and then, after exhausting the �aid per�onal prop�rty, devised to her, as afo
<br /> $aid, and, whereas, at the time � said second parties entered their voluntary appearanee in the
<br /> r proc�edings to the pr�bate of thenwill, and their con$ent to such probate, they did nat know the
<br /> contents oP such will, and were advised by the p�rsone who advised th�m to sign, that a11 of the
<br /> t estate of the decea$ed except the tract$ devised to the said D�tlef' Lilienthal and Wilhelm Gerbig,
<br /> �
<br /> had in f act been devi�ed to the 5aid 2�sarie Lilienthal, for her liP�, use �rith authority t� sell
<br /> or dispo�e of all or ar�y part tYiereoP if necess�,ry as aforesaid, for her �upport and maintainanc�,
<br /> i ; with r�mainder to the parti�s of the second part, to-wit : the said Henry Lilienthal, Catharine
<br /> �
<br /> Sch�.a1' and Adela �►i�se, �hare and share alilce; the parties of the �econd part, relyir�g th�re0n,
<br /> I �
<br /> entered their volunta,ry� app�arance, and waived th�ir right to ar�y notice and conaented ta the
<br /> prob ate oP the �aid will; and, wherea�, parties of trie second part are about to eommence suit ta
<br /> � g�t aside �uch will, and the probate thereoP, and Frocure a d�cree construing such will and the
<br /> provision� thereoP.
<br /> Now; therefore, in con�ideration of the premi�es, and to avoid co�ts
<br /> THREE
<br /> 3nd attorneys', #'ees, and to eecure a distributlon �P the estate of the deceased, in accordance
<br /> with trie wi�he� of the d�ceased:
<br /> TT IS I�REBY AGREED, by all the parties hereto, being all the per�ons int�rested in $aid estate,
<br /> that the said party oP the first part riereto, to-wit : trie aPore�aid �Iarie Lilienthal, widow and
<br /> deviaee as aforesaid, shall and does hereby agree to execute a good and �uPficient de�d of can-
<br /> veyanee to John Sass and Phillip Sanders, oP Hall County, Nebraska, trustees Por the said Henry
<br /> Zil�.enthal,C�h�x'ine Seh�1' and Adela Wiese, thereby conveying to them, a� auch tru�tees, for th�
<br /> u�e and benePit oP the said Henry 3.ilienthal, Catharine SchaaP ax�d Adela Wier�e, in Yee, the a2ore-
<br /> said Bl�ck� (�ometime� called lots ) 3, 5 and g, in Pleasant Home Subdivision and Addition to the
<br />' C ity of Grancl Island, Nebra�ka, part of th� south ha.1P of the southeast qu�.rter, (S� of the SE�)
<br />�,
<br /> af' �ection 21, Town�hip 11, north of Rax�e 9, W��t, in said Hall County, Nebraska, and Lot Three,
<br /> (3 ) in Block 10�+, Railroad Addition to the City oP Grand Island, Nebraska.
<br /> The ��,id Marie Lilienthal h�reby agreeing to pay the costs of admini�tering the said estate of the
<br /> i � said decea�ed, all debts proved and allowed again�t the e�tate o�' the said decea�ed, �ut of the •
<br /> afore�aid personal property, and to save the afor�said lots and blocks agreed herein to be Qeeded
<br /> ta the said trustees, Pree ar�d elear, and ha.rmless therefrom; and the eaid Marie Lilienth�,l furthe
<br /> agr�es to collect the af'aresaid rental, or payments to be made by the $aid Detlef Lilienth�l a�d t e
<br /> �Baid �rilhelm Gerbig, and to eollect the rentals of the said BlocKs 3, 5 and S, Plea�ant H�m,e 8ub-
<br /> division and Addition tQ Grand Island, Nebraska, and the rental of the �aid Lot 3, Bl�g� 10�,
<br /> Railroad Additi�n to trie City of Grand Island, NEbraska, and to apply th� aame, �irst to the
<br /> payment of the taxe� on the said prop�rty, as the �ame becomes due and pa�rabl�; eec�nd ts► h@r
<br /> L., �_ �
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