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004-128
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3/4/2012 11:42:18 PM
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748(1 TATE JOURNAL COMPANY. LINCOLN, NEB. <br />l <br />F. <br />WILL.CERTIFICATE AND DECREE_ <br />IN THE NAME OF GOD,AMEN :I,Daniel L.Hayes,of the County of Hall and the State of Nebraska, <br />being mindful of the uncertainties of this human life and being of sound and disposing <br />mind and memory,blessed be God for the same :do make and publish this my Last Will and Testa - <br />ment in manner and form following,that is to say: <br />FIRST: <br />I direct that the expenses of my last sickness and funeral and of administering my estate and!' <br />all of my just debts be first paid: <br />SECOND: <br />I hereby appoint Louis E.Upperman,Exeoutor of this My Last Will and Testament and direct that; <br />no bond or surety of any kind shall be required of him by the Court in which my estate is settled, <br />for the faithful performance of his duties as such exeeutor,I hereby direct my said executor 10 <br />sell all of my real and personal estate,as soon as may be after my decease and authorize and <br />direct my said , exeoutor to make,execute,aoknowledge and deliver good and sufficient deed there- - <br />for to the purchaser thereof conveying to said purchaser of purchasers all the right,title and <br />interest I may have in any of said real estate at my decease with the same force and effect ail <br />I might do in my lifetime. Said sale to be at private sale and with or without notice as he <br />may think best. <br />THIRD: <br />I direct my said executor,after paying the items mentioned in paragraph "First" heret)f,to pay to <br />my daughter Prudence Stewart,the amount represented by one certain promisory note,signed by <br />me,in her favor,in the sum of Three Hundred and Sixty Seven ($367) Dollars,with interest theroon <br />at the rate of Six per cent per annum from the date thereof,which is about February 1897,until <br />paid,each of my other children having received an advancement in said sum in my life time. <br />FOURTH: <br />After the payment of the items hereinbefore mentioned,I direct my said executor to pay the react, <br />residue or remainder thereof to my five children share and share alike,that is to say: <br />To my daughter Joanna Finnefook one fifth (1/5) part thereof, <br />To my daughter Prudence Stewart one fifth (115 ) part thereof, <br />To my daughter Mary G.Fesler one fifth (1/5) part thereof, <br />To my daughter Ama Upperman one fifth (1 /5) part thereof and <br />To my son Henry B.Hayes one fifth (1/5) part thereof, <br />Andl direct that should any of my said children die,prior to my deoease,leaving issue such <br />issue shall inherit the share of their deceased parent,by right of representation,but should any of <br />my said children die prior to my decease without issue or lineal descendants surviving them <br />at my deeease,then and in that case the share of said child shall be divided between my children . <br />who survive- my deoease,share and share alike. <br />FIFTH. <br />I hereby revoke any and all former Wills by me made. <br />In witness whereof I have hereunto set my hand this 2" day of April in the year of 0ur Lord); <br />One Thousand Nine Hundred and Three. <br />Daniel L.Hayes <br />We,whose names are hereto subscribed,do hereby certify that Daniel L.Hayes,the Testator,subsorbed <br />his name to the foregoing instrument in our presence and it `the presence of each of:..us and at <br />theNtime declared in our presence and hearing and in the presence and hearing of each of us that <br />said instrument was his last Will and Testament whereupon we,at his request and in his presence <br />and in the presence of each other have hereto set our names to said instrument as subscribing <br />s <br />I _ <br />
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