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THE AUGUSTINE CO. 18600 -12.86 <br />being of sound and disposing mind and memory, do hereby make, publish and declare this to be my <br />Last Will and Testament, hereby revoking all former wills and codicils by me at any time heretofore <br />executed. <br />FIRST: I desire that all of my debts, including expenses of my last illness and funeral, be paid as <br />soon as practical after my death. <br />SECOND: If my sister Ellen Anderson shall survive me then I hereby give, devise and bequeath unto <br />my trustee hereinafter named the following described property situate in the County of Custer, State <br />of Nebraska, to -wit: <br />The Southwest quarter of Section ten (10) Township fourteen (14) Range Twenty -two (22) consisting <br />of one hundred fifty -four (154) acres. <br />Or in the event I shall have disposed of said real estate during my lifetime, or in the event I <br />shall not be the owner thereof immediately preceding my death, then in lieu thereof I give, bequeath <br />and bestow upon my trustee hereinafter named the sum of ten thousand dollars ($10,000.00). <br />IN TRUST, NEVERTHELESS, and for the following uses and purposes, to -wit : - <br />A. My trustee shall have the power and full authority and may sell, transfer,convey and dispose of <br />the above described real estate if the same shall become a part of this trust estate, and also any <br />other real estate or property which may at any time be a part or portion of said trust estate, upon <br />such terms and conditions as to him may seem fit and proper, and my trustee shall invest and rein- <br />vest the proceeds of any of such sale or sales or any money or funds belonging to or becoming a part <br />of the trust estate only in the following securities, to -wit: Note or notes secured by first mort- <br />gage upon real estate and the amounts secured by such first mortgages shall never exceed at the time <br />of the making of such investment fifty per cent. (50 %) of the actual cash value of such real estate. <br />B. The income and earnings of said trust estate, after the deduction of the necessary expenses and <br />the reasonable charges for compensation of my trustee shall be paid unto my sister, Ellen Anderson, <br />and shall be used and expended by her or my trustee for her care, maintenance and support,but my <br />trustee shall not be required to follow or to trace the expenditure of any sum or sums by him paid <br />unto my said sister, Ellen Anderson. If the income of said trust estate shall not be sufficient to <br />properly care for,support and maintain my said sister then my trustee may use and disburse or pay <br />to her as much of the principal of the trust estate as may be necessary to properly so do. <br />C. My trustee shall keep good and accurate and just records of-all of his expenditures and all of <br />his disbursements and said records shall be open for inspection by said Ellen Anderson or any of <br />my other brothers and sisters. <br />D. All funds belonging to said trust estate shall at all times be kept in a separate and distinct <br />fund in the name of the trustee and said trustee shall communicate and disclose to the bank in which <br />such funds are deposited the nature and purpose of this trust, and said trustee shall keep separate <br />and apart all securities belonging to the trust estate and shall not co- mingle or mix any other <br />funds or property with the funds or property of this trust estate. <br />E. Upon the death of my sister Ellen Anderson my trustee shall, if the above described real estate <br />shall still be a part of the trust estate, immediately sell and dispose of said real estate upon <br />such terms and conditions as to him may seem best and proper and the consideration realized upon <br />such sale shall be added to and shall become a part of the trust estate, together with any other <br />funds or sums of money than belonging to the trust estate and out of the trust estate my said trustee <br />shall first pay any debts which may have been contracted for the necessary care, support and main- <br />tenance of my said sister and the expenses of her last illness and the cost of her funeral, and the <br />balance remaining in said trust estate shall by my trustee be immediately distributed share and <br />share alike unto my brothers and sisters then surviving. In the event none of my sisters or brothers <br />are then alive my trustee shall pay and distribute the balance of said trust estate to such person <br />or persons who may at that time constitute my heirs. <br />