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<br />. -.j Ij EAU LUST IN E CO- _.642 _5 -33 .
<br />WILL AND DECREE
<br />LAST WILL AND TESTAMENT
<br />OF
<br />B. TOBEN
<br />IN THE NAME OF GOD, AMEN.
<br />I, B. Toben, of Doniphan, Hall County, Nebraska, being of sound mind, memory, and understanding,
<br />considering the certainty of death and the uncertainty of the time thereof, and being desirous to
<br />settle my worldly affairs, and thereby be the better prepared to leave this world when it shall
<br />please the Almighty to call me hence, do therefore make and publish this my last Will and Test
<br />hereby revoking and annulling all Wills by me heretofore made, in manner and form following, that
<br />to say:
<br />FIRST, and principally, I commit my soul into the hands of Almighty God, and my body to the earth
<br />to be decently buried at the discretion of my Executor hereinafter named; and my Will is, that
<br />my just debts and funeral expenses shall be paid by my Executor hereinafter mined as soon after
<br />decease as shall be convenient;
<br />I
<br />s
<br />SECOND, I give, devise and bequeath to my beloveth wife Helena Toben-,during her natural life time
<br />of my personal4eal Estate property, save and except that Real Estate otherwise given and bequeat ed
<br />under the Third paragraph here of, the real estate effected under this paragraph and under which,
<br />beloveth wife is to receive a life estate is as::follows: The south half of the northwest quarter
<br />section Fourteen (14), in Township (10),Ten North Range Nine (9) also The Northeast Quarter of se
<br />tion fifteen (15) Township Ten (10) north Range Nine (9), all in South Platte Township, Hall Coun y,
<br />Nebraska.
<br />Third Paragraph._ I give, devise and bequeath unto my beloveth sons, Carl Toben and Henry Toben, in
<br />fee simple, each to share and share alike, the following described real estate to wit „The Southe 4 t
<br />Quarter of-, _Section Fifteen (15) Township (10) Tenp Range line (9), South Platt Township, the Two
<br />said sons to assume the indebtedness there on.
<br />Fourth Paragraph: I give, devise and bequeath unto by beloveth daughter Martha Toben and Anna Toben
<br />each the sum of One Thousand Dollars,whia amount shall be paid from my estate when ever they
<br />demand same.
<br />Fifth Paragraph: At my beloveth wife's demise, I give, devise and bequeath unto my beloveth sons
<br />Carl Toben, Henry Toben, Mary Toben Uden, Martha Toben and Anna Toben, each share and share alike
<br />of all the property listed under second paragraph, under which I granted a life estate to my be-
<br />loveth wife.
<br />Sixth Paragraph:- All machinery, horses, cattle and hogs at my wife's death shall become the
<br />property of my sons Carl and Henry Toben, all other personal property to be divided equally.
<br />All the rest and residue of my estate, both real, personal and mixed, I give, devise and bequeath
<br />to my sons, Carl Toben, Henry Toben, Mary Toben -Uden, Martha Toben and Anna Toben to them and their
<br />heirs and assigns forever, share and share alike, as tenants in common.
<br />AND,LASTLY,.I do hereby nominate, constitute and appoint Henry Toben and Chas,M.Redman Executors
<br />of this my last Will and Testament, and I desire that my Executors hereinbefore named shall not be
<br />required to give bond for the faithful performance of the duties of that office.
<br />IN TESTIMONY_ WHEREOF, I have set my hand and seal to "this, my last Will and Testament, at Doniphwij
<br />Nebr. this 3rd day of August, in the year of our Lord, one thousand nine hundred and Twenty.
<br />B. Toben (SEAL)
<br />SIGNED,:SEALED, PUBLISHED AND DECLARED
<br />By the said B. Toben, in our presence, as and for his last Will and Testament, and at his request
<br />and in our presence, and in the presence of each other, we have hereunto subscribed our names as
<br />attesting witnesses thereto.
<br />G
<br />Alfred Elwick,
<br />,
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