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<br />No. 39 HALL COUNTY
<br />2572 —Klopp Printing Co., Omaha
<br />WILL AND CERTIFICATE AND FINAL DECREE
<br />LAST WILL AND TESTAMENT OF MARTIN SCHIMMER.
<br />I,Martin Schimmer,of Hall County, Nebraska, being of sound mind and disposing memory,do make
<br />and publish this,my last will and testament,hereby revoking all former wills by me made.
<br />FIRST.
<br />I direct that all of my just debts,including the expenses of my last sickness and funeral,
<br />and the administration of my estate,and all special legacies and charges against my estate,be
<br />first paid out of my personal property not herein specifically devised,and in case my personal
<br />estate is not sufficient for that purpose,I hereby empower my executor hereinafter named,to
<br />sell as much of my real estate as may be necessary for that purpose,and I hereby give and grant
<br />to said executor full power and authority to make such sale without petition to,Or license from
<br />any court,for such pUrpose,and to give good and sufficient conveyance by deed for such real
<br />estate so Bold to pay said debts.Snch sales to be made for said purpose,of real estate owned
<br />W me and not specifically devised in this will.In making such sales,said executor shall exer..
<br />cise his own best judgment and sell only so much property as shall be needed to pay the debts
<br />allowed by court against my estate and the special legacies and charges made by this will,pro•
<br />vided the residue of my personal estate shall not be sufficient to pay such debts,legacies,and
<br />charges.
<br />SECOND.
<br />On November 17,1894,I entered into a written contract with my wife,Emma Schimmer,then Emma
<br />Wiese,in contemplation of marriage with her,by which written agreement my said wife is to be
<br />paid out of my estate,after my death,the sum of One Thousand Dollars,as a marriage settlement ,
<br />which sum she therein agreed to accept in fullil"lieu of dower,homestead,support,and all other
<br />claims of every kind and nature against my estate,lande,and property.Said agreement is recorded
<br />in Book E,Miscellaneous Records of Hall County,Nebraska,at Page 332#
<br />Without revoking or modifying or annulling the said marriage settlement and agreement above
<br />referred,to,I hereby give,devise and bequeath to my said wife,Emma Schimmer (in addition to then
<br />One Thousand Dollars due-to her under said contract and dgreement),the west half of the south.
<br />east
<br />quarter of Section 32,in Township 11,North,Range 9,and the West half of the northeast
<br />quarter of Section 5,in Township 10,North,Range 9,in Hall County,Nebraska,and to her heirs
<br />and assigns forever.
<br />I also give,devise and bequeath to my said wife,Emma Schimmer,for her sole use and benefit
<br />during her natural lifetime,the southeast quarter of the northeast quarter quarter and, Lot
<br />Number l,all in Section 93,Towaship 103,North,Range 9,in Hall County,Nebraska,and after her death
<br />amd�-the termination of said life estate,the remainder over therein I give,devise and bequeath
<br />in fee to Bertha Schaupdack,daughter of my said wife,Emma Schimmer,and to her heirs and assigns
<br />forever. I also give,devise and bequeath to my said wife,Emma Schimmer,for and during her nat-
<br />Ural lifetime,a tract and parcel of land described as follows: Commencing at a point where the
<br />west line of the right of wat of the St. Joseph and Grand Island Railtsaad Company intersects
<br />the south boundary line of the southwestquarter of Section 32,Township 112North,Range 9 West,
<br />in Hall Coumty,Nebraska;thenee running north along the west boundary line of said right of way
<br />803 feet;thenc a in a straight line southwesterly 1740 feet to'a point 213 feet north of the
<br />south boundary line of said Section 32;thence south 213 feet to the said boundary line of said
<br />Section 32;thence east along said south boundary line to the place of beginning,being an irregulj
<br />ar tract containing twenty acres,a little more or less,in the said southwest quarter of said
<br />Section 32,and including the house,improvements,pasture land,orchard,And-Z. garden where I now
<br />live;subject to the easement of the public road on the south side thereof,and of the said St.Jos-
<br />eph and Grand Island Railroad Company for switch purposes on the north side thereof.After the
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