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1�L 1 Egli DDLUTHJUM <br />Mff:`WILL AND TESTAMENT <br />LAST,VILL AND TESTAMENT OF JAMES S.THOMAS. <br />539 <br />I ,James. S. Thomas,of the city of Lexington in the county of Dawson and state of Nebraska, <br />being of sound mind and memory and of lawful age,do hereby revoke any and all former wills <br />by me made,and do hereby make,publish and declare this to be my last will and testament ,in <br />manner and for following,that is to say <br />FI�RST,.I direotmy executrix hereinafter named to pay out of my estate,as soon as pract- <br />ioable after my decease,all my funeral expenses,just debts and costs of administering upon <br />my estate. <br />SCI give,bequeath and devise unto my beloved wife,Hattie A.Thomas,and to her heirs <br />forever,all my property of w #atsoever name,nature or description and wheresoever situate <br />which I may be seized of or entitled to at the time of my death. <br />TH_ IRD. I hereby nominate and appoint my beloved wife,Hattie A.Thomas,eaeoutria of this <br />my will,and direct that she shall not be required to give more than her personal undertaking <br />without sureties for the faithful performano a of such trust;with full power to my said exe- <br />outrix to sell,enoumber or dispose of my property aforesaid or any part thereof at any time <br />after my death without the order or authority of any court. <br />OURTH. I direct that my beloved wife,Hattie A.Thomas,shall have the oare,oustody and <br />education of our beloved son,Frank W.Thomas,fesling well assured that his mother's IoVe <br />will always best protect him and provide for him :and I commend my said son to.,the tender- <br />noes of his mother's loving care and the guidance of his mother's wise counsel. <br />IN WITNESS WHEREOF,I have hereunto set my hand this 17th day of November,A.D.1900. <br />(seal) (signed) James S.Thomas. <br />We,whose names are hereto subscribed do hereby certify that James S.Thomas,ths testator, <br />subscribed his name to this instrument in our presence and in the presence of each of us,. <br />and declared at the same time in our presence and hearing that this instrument was his <br />last will and testament,and we,at his request and in his presence and in the presence of <br />each other,sign our names hereto as attesting witnesses. <br />(signed) R.S.Marsh,of Lexington,Dawson Oounty,Nebraska. <br />(signed) J.W.Pattersen,of Lexington,Dawson Oounty,Nebraska. <br />State of Nebraska, Ise* <br />Dawson Oounty. ) <br />On this 28th day of April,1913,the within last will and testament of James S.Thomas,was <br />duly proved before me,D.H.Moulds,00unty judge of said eounty,a000rding'to law,as the last <br />will and testament of the real and personal estate of said deoeased,and the same was ad- <br />mitted to probate and duly recorded in this office. <br />In testimony whereof,I have hereunto set my hand and official seal,the day and year <br />above written. <br />(seal) (signed) D.H.Moulds <br />Oounty Judge. <br />OODIOIL. <br />This is.a Oodioil to my last will and testament bearing date November 17,1900. <br />I give devise and bequeath to my boeloved son,Frank W.Thomas,the following tract or par- <br />oel of land,together with the improvements thereon,00mmenoing at a point seventy -five (75) <br />feet west of the south -east corner of block thirty -six (36) in the original town of Plum <br />Oreek,now Lexington,Dawson Oounty,Nebraska,extending from thence due north one hundred <br />forty (140) feet to the alley in said bloek,thenoe due west along the south side of said <br />alley fifty (50) feet,thenoe south one hundred forty (140) feet to the south boundary of <br />4 <br />