446
<br />, IoNip
<br />THE AUGUSTINE CO. 8427'573
<br />;devisee or legatee, shall either directly or indirectly, singly or in conjunction with any other
<br />`person, seek to establish or assert any claim against or interest in my estate or any part thereof,
<br />=excepting under and in conformity with the provisions of this will, or shall attack, oppose or
<br />attempt to set aside the probate of this will or to impair or invalidate any provisions thereof, or
<br />to have this will or any part thereof, or any devise or provision herein declared void or limited
<br />for dimished, or any trust created or intended to be created hereby defeated or changed, or any par
<br />Hof the testamentary plan of the will altered or defeated, then and in any such event, the provIsi
<br />.herein made for such person, society or organization, if any, shall be abrogated and such person
<br />E
<br />shall receive hereunder the sum of one dollar and no more; and as to any person not herein named
<br />;who may be lawfully determined to be my heir at law I give and bequeath the sum of one dollar and
<br />no more; the provision herein made for any such person, society or organization to be in lieu of
<br />any other provision hereunder or other share whatsoever of my estate.
<br />NINTH. If for any legal reason it shall not be possible to carry out the provisions of this will
<br />!the manner and for the purpose herein set forth in any state in which I may own property at the
<br />'of my death, or if any person, society or organization cannot or will not accept any bequest here -
<br />under, then and such event I direct that -the property affected shall be sold and the proceeds shal
<br />be forwarded to the trustees or surviving trustee in the State of California to be used with the
<br />=residue of my estate in the erection of said memorial church.
<br />`TENTH. I hereby nominate and appoint my said wife, Ona B.McCarty, to be executrix of this will and
<br />'direct that no bond be required of her in that capacity or as trustee hereunder. My said wife sha
<br />have and hereby is given the power to lease any property of my estate without obtaining any .order Of
<br />'Court for such period of time and upon such terms as she may deem proper. Said executrix shall al4o
<br />have and hereby is given power to sell any real property of my estate during the course of adminis
<br />tration other than that expressly given to any beneficiary hereunder. If my said wife should not
<br />`survive me, or, surviving me, should fail to qualify as executrix, or if she should fail to complete
<br />!the administration of my estate after beginning it, the Security Trust and Savings Bank, a corpora
<br />3
<br />tion, of Los Angeles, California, shall act as executor.
<br />If it should become necessary to probate this will in the state of Nebraska and my executor in
<br />California should be unable to act in that state, then and in such event W.H.Thompson of Grand
<br />Island,Nebraska, shall act as ancillary executor in that jurisdiction.
<br />ELEVENTH. I hereby nominate and appoint my said wife Ona B.McCartY <, and said Security Trust and
<br />Savings Bank, a corporation, as joint trustees to administer the tracts created by this will (ex
<br />as to the trust concerning the fourteen hundred thirty acre farm in Nebraska). Said Security Trus
<br />and Savings Bank shall act as sole trustee in the event of and after the death of my wife.
<br />LASTLY. I hereby revoke all former wills by me made.
<br />IN WITNESS WHEREOF I have hereunto set my hand at the City of Los Angeles, County of Los Angeles,
<br />State of California, the 8th day of August, in the year nineteen hundred twenty -four.
<br />Isaac A.MeCarty
<br />The foregoing instrument, consisting of nine pages besides this one, was on this 8th day of August;
<br />nineteen hundred twenty -four, signed by the testator, ISAAC A.YcCARTY, in our presence and in the
<br />;presence of each of us, and he then and there declared to us that said instrument was his last wi
<br />;and testament and that he published the same as such; and at his request and in his presence and
<br />in the presence of each other, at the City of Los Angeles, State of California, we hereunto sub-
<br />scribed our names as witnesses thereto the day and year last herein written.
<br />Ezra N.Currier
<br />Residing at 10+3 West 35th St.
<br />Los Angeles,Calif..
<br />Laura A.Currier
<br />Residing at 1043 West 35th St.
<br />Los Angeles, California
<br />Rediding at
<br />>t
<br />
|