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estate, to -wit: <br />An undivided three tenths interest in <br />Northwest Quarter and the Southeast Quarter of Section 32, Township 13, Range 9 in Howard County, <br />Nebraska, <br />Southwest Quarter and the South Half of the Southeast Quarter of Section 5, Township 12,Range 9, <br />Hall County, Nebraska. <br />Southeast Quarter of Section 31, Township 13, Range 9, and the Southwest Quarter of Section 32, <br />Township 13, Range 9, all in Howard County, Nebraska, <br />Northwest Quarter of Section 2, Township 12, Range 10, in Hall County, Nebraska. <br />all of which interest under the will of the said Edward Roberts, deceased, descends to Margaret <br />Roberts, Rose Roberts and Harvey Roberts, share and share alike. <br />(8) That at the time of his heath the said Edward Roberts was seized of the following described <br />real estate in fee: <br />Sections 12 and 13 in Township 20, Range 40 West, and an Undivided one -third interest in Section <br />7, Township 20, Range 39, West, all in Arthur County, Nebraska, <br />said land being devised by the will of the said Edward Roberts, as follows: <br />"To Alvin and Harvey Roberts to be held in trust by them until such time as the survivor of them <br />dies.or until such time,as they both shall deem it advisable for the best interests of the benefi- <br />ciaries of this trust to sell either the entire tract comprising the ranch or that portidn..of said <br />ranch comprising the corpus of this trust. <br />Said trust shall be for the use and benefit of Alvin Roberts, Lillian Kutcher, Rose Roberts, <br />Margaret Roberts and Harvey Roberts, share and share alike, and upon the sale of said land, as <br />provided for in this will, the proceeds of said sale shall be divided among Alvin noberts, Lillian <br />Kutcher, Rose Roberts, Margaret Roberts and Harvey Roberts share and share alike. If both of my <br />brothers, the trustees hereunder, shall die without said land having been sold the said land shall <br />pass to Lillian Kutcher, Rose Roberts, Margaret Roberts and the issue, if any, of my brothers Alvin <br />and Harvey, share and share alike, it being my intention that said issue, if any, of my brothers <br />Alvin and Harvey, shall take only the share the father would have taken had the land been sold the <br />last day of the father's lifetime. If any of my sisters shall die during the existence of this <br />trust her issue, if any, shall be entitled to her share of said trust. if any of the beneficiaries <br />of said trust shall die during the existence of said trust without leaving issue then his share shall <br />go to the other beneficiaries named herein share and share alike. <br />No one but the trustees named herein shall have the power to mortgage or otherwise encumber the <br />corpus of said trust or the income therefrom." <br />(9) That under the will of the said Edward Roberts, deceased, one -third of his personal property is <br />to be distributed to Harvey Roberts, one -third to Rose Roberts and under the law of the State of <br />Nebraska the remaining third is to be distributed to Harvey Roberts, Rose Roberts, Alvin Roberts <br />and Lillian Kutcher, share and share alike. <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED_by the court that the final account of Hugo V.Carroll <br />executor of the last will and testament of Edward Roberts, deceased, as amended, be and the same is <br />hereby in all things approved, confirmed and allowed; that the personal property in the hands of <br />the executor be distributed as follows: Five- twelVths to Harvey Roberts, Five- twelv_the to nose <br />Roberts, One - twelvth to Alvin Roberts and One- Twelv_th to Lillian Kutcher and the said the said <br />(6) That after the payment <br />of all claims, costs and expenses of administration the said executor <br />has on hand for distribution <br />the sum of $111.32 in cash and the following described personal <br />property, to -wit: <br />16 cows and heifers <br />10 cows with calf <br />13 calves <br />300 (Anx)roximately) bushels <br />of old corn <br />300 ( " ) bushels <br />0 ( " ) bushels <br />of new corn. <br />of rye <br />125 ( " ) bushels <br />of oats <br />10,000 feet, more or less, <br />of cottonwood lumber. <br />Interest in the remaining assets <br />of the St. Libory State Bank of the value of about $100.00 <br />Four shares of the Capital <br />Stock of the Farmers Union State Exchange of Omaha Nebraska. <br />6ompany <br />One Shae of the Capital Stock <br />of the Farmerts:_:Union Co- Operative Gas and Oil of Grand <br />Island,Nebraska. <br />Five shares of the Capital <br />Stock of the Farmer's Union Cream and Produce Company of Grand Island, <br />Nebraska. <br />that under the will of the <br />said Edward Roberts, deceased, said personal property was to be divided <br />among Harvey Roberts, Rose <br />Roberts and Margaret Roberts, share and share alike, and that the said <br />Margaret Roberts, predeceased <br />the said Edward Roberts leaving neither husband nor issue. <br />(7) That at the time of his <br />death the deceased was the fee owner of the following described real <br />estate, to -wit: <br />An undivided three tenths interest in <br />Northwest Quarter and the Southeast Quarter of Section 32, Township 13, Range 9 in Howard County, <br />Nebraska, <br />Southwest Quarter and the South Half of the Southeast Quarter of Section 5, Township 12,Range 9, <br />Hall County, Nebraska. <br />Southeast Quarter of Section 31, Township 13, Range 9, and the Southwest Quarter of Section 32, <br />Township 13, Range 9, all in Howard County, Nebraska, <br />Northwest Quarter of Section 2, Township 12, Range 10, in Hall County, Nebraska. <br />all of which interest under the will of the said Edward Roberts, deceased, descends to Margaret <br />Roberts, Rose Roberts and Harvey Roberts, share and share alike. <br />(8) That at the time of his heath the said Edward Roberts was seized of the following described <br />real estate in fee: <br />Sections 12 and 13 in Township 20, Range 40 West, and an Undivided one -third interest in Section <br />7, Township 20, Range 39, West, all in Arthur County, Nebraska, <br />said land being devised by the will of the said Edward Roberts, as follows: <br />"To Alvin and Harvey Roberts to be held in trust by them until such time as the survivor of them <br />dies.or until such time,as they both shall deem it advisable for the best interests of the benefi- <br />ciaries of this trust to sell either the entire tract comprising the ranch or that portidn..of said <br />ranch comprising the corpus of this trust. <br />Said trust shall be for the use and benefit of Alvin Roberts, Lillian Kutcher, Rose Roberts, <br />Margaret Roberts and Harvey Roberts, share and share alike, and upon the sale of said land, as <br />provided for in this will, the proceeds of said sale shall be divided among Alvin noberts, Lillian <br />Kutcher, Rose Roberts, Margaret Roberts and Harvey Roberts share and share alike. If both of my <br />brothers, the trustees hereunder, shall die without said land having been sold the said land shall <br />pass to Lillian Kutcher, Rose Roberts, Margaret Roberts and the issue, if any, of my brothers Alvin <br />and Harvey, share and share alike, it being my intention that said issue, if any, of my brothers <br />Alvin and Harvey, shall take only the share the father would have taken had the land been sold the <br />last day of the father's lifetime. If any of my sisters shall die during the existence of this <br />trust her issue, if any, shall be entitled to her share of said trust. if any of the beneficiaries <br />of said trust shall die during the existence of said trust without leaving issue then his share shall <br />go to the other beneficiaries named herein share and share alike. <br />No one but the trustees named herein shall have the power to mortgage or otherwise encumber the <br />corpus of said trust or the income therefrom." <br />(9) That under the will of the said Edward Roberts, deceased, one -third of his personal property is <br />to be distributed to Harvey Roberts, one -third to Rose Roberts and under the law of the State of <br />Nebraska the remaining third is to be distributed to Harvey Roberts, Rose Roberts, Alvin Roberts <br />and Lillian Kutcher, share and share alike. <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED_by the court that the final account of Hugo V.Carroll <br />executor of the last will and testament of Edward Roberts, deceased, as amended, be and the same is <br />hereby in all things approved, confirmed and allowed; that the personal property in the hands of <br />the executor be distributed as follows: Five- twelVths to Harvey Roberts, Five- twelv_the to nose <br />Roberts, One - twelvth to Alvin Roberts and One- Twelv_th to Lillian Kutcher and the said the said <br />