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177 <br />No. 7 HALL COUNTY <br />F. I do hereby designate and appoint as the trustee for the purpose of this trust my brother Frank <br />Peters, of La Platte, Nebraska, and in the event of the failure, refusal, inability or unwilling - <br />ness of my s-,-).id brother to act or to continue to act as the trustee hereunder it is my v1sh and I <br />do hereby appoint the Farmers State Bank at Wood River, Nebraska as his successor in trust, with <br />.all of the powers herein conferred upon my original trustee, save and except that the said successor <br />in trust shall, if possible before selling the above described real estate or any other property <br />which may become a part of my trust estate and before making any investments, obtain the consent <br />in writing thereto from at least one of my brothers or sisters. <br />THIRD: In the event my sister Ellen Anderson should pre- decease me then it is my wish that my <br />executrix hereinafter named shall proceed to sell upon such terms and conditions as to her may seem <br />fit and best the real estate described in paragraph Second hereof and the proceeds and consideration <br />realized from such sale -shall by my executrix be distributed among my brothers and sisters who sur- <br />vive me and who are alive at the time my death equally, share and share alike. <br />In the event the property described in paragraph Second shall have been disposed of by me during <br />my lifetime or in the event I shall not be the owner thereof immediately preceding my death, then <br />I give and bequeath in lieu thereof unto such of my brothers and sisters who may be alive at the <br />time of my death the sum of ten thousand dollars ($10,000.00) by my executrix to be equally divided <br />among them, at such time during the administration of my estate as to her may seem convenient, best <br />and proper. <br />In the event at the time of my death none of my brothers or sisters shall survive me then the gift <br />and bequest in this paragraph third provided for shall be of no effect and the property or funds <br />herein mentioned shall be a part of the residue of my estate. <br />FOURTH: All of the rest, residue and remainder of my estate of whatsoever kind and nature, whether <br />real, personal, mixed or otherwise and wheresoever situate and whether now owned by me or hereafter <br />acquired I give, devise, bequeath and bestow upon my beloved wife, Nary E.Peters, unto her and her <br />heirs forever. <br />FIFTH: I do hereby designate and appoint my said wife, Mary E.Peters, to act as the executrix of <br />this my Last Will and Testament and it is my will that my said wife be not required to give any <br />bond as such executrix or otherwise for anything in any way connected with this will or with the <br />administration of my estate or for any other purpose whatsoever and I do hereby give and grant <br />unto her full power and authority to sell, transfer and convey any part or portion of my estate <br />(excepting only the real estate devised in paragraph Second hereof unto my trustee) without the <br />necessity cif any order or approval by any court before whom the will may be probated, or my estate <br />administered and upon such terms and conditions as to her may seem fit and proper; provided however <br />that <br />the powers and <br />privileges herein conferred upon <br />my wife <br />as executrix <br />shall <br />not <br />be <br />deemed <br />to <br />he -.ve <br />been conferred <br />upon anyone else if such person <br />shall be <br />appointed or <br />shall <br />act <br />in <br />lieu of <br />or <br />in place of my wife in administering my estate. <br />SIXTH: It is my will that in the event the real estate described in paragraph Second hereof shall <br />not be a part of my estate at the time of my decease that my executrix shall not be required to <br />sacrifice any property or asset belonging to my estate for the purpose of paring the ten thousand <br />($10,000.00) dollars required under the second paragraph hereof, and in such event my executrix may <br />use her discretion and may make the payment of ten thousand ($101000.00)dollars required under the <br />second paragraph unto my trustee at such time or times as to my said executrix may seem best and <br />proper and in such payment or payments and installments as she may deem best for the interest of <br />my estate, provided however that the entire sum of ten thousand ($10,000.00) dollars shall be <br />paid before my estate is closed and before my executrix is discharged. <br />IN WITNESS WHEREOF, I have hereunto subscribed my name this 14th day of May, X.D.1931. <br />his <br />John X Peters <br />Mark <br />