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317 <br />No. 7 HALL COUNTY <br />WILL AND DECREE <br />LAST MILL AND TESTAMENT OF JOSEPH D.MARTIN. <br />I, Joseph D.Martin, of Grand Island, Hall County, Nebraska, do hereby make, publish and declare <br />this my last will and testament, hereby revoking all wills and testaments by me heretofore made, <br />that is to say: <br />ITEM ONE. <br />Subject to the provisions, conditions, limitations and powers hereinafter set forth, I give, de- <br />vise and bequeath all my estate, real, personal and mixed, of whatever kind and wherever situated, <br />now ormed or hereafter acquired b�,, me, equally to my four children, namely: Joseph D.Martin, Junior, <br />and Belle Martin McLaughlin, both of Grand Island, Nebraska, Clarence E.Martin of Chicago, Illinois <br />and Roderick J.Martin of Grand Island,Nebraska, and should any of my said children die before me, <br />leaving a descendant, or descendants surviving at my death, such descendant or descendants shall <br />stand in the place of my deceased child or children, as the case may be, and shall take the share <br />.their parent would have taken if living at my death, by representation, and should any of my <br />children above named die before me leaving no descendant or descendants surviving at my death, t1T <br />share that such deceased child would have taken under this will or any item thereof, shall go to <br />and be divided equally among my surviving children, and the descendant or descendants of any de- <br />ceased child, by representation, provided however, no devisee hereunder, nor all of the devisees <br />acting together, shall sell, convey, mortgage, encumber or charge with a lien of any kind, my <br />business properties, to -wit: the West one third (W.1 /3) of Lot Six (6) and all of Lot Five (5), <br />all in Block Fifty -seven (57) in the original town, now City of Grand Island, in Hall County, Ne- <br />braska, known as the Martin Building, and the East one third (E.1 /3) of Lot Three (3), in Block <br />Sixty -five (65) in the original town, now City of Grand Island, in Hall County, Nebraska, now <br />occupied by Clayton's Drug Store, or any part thereof or interest therein, for and during the <br />period of ten years after my death, and including the rents, issues and profits arising therefrom, <br />Page 2 <br />and providing further, that during said ten year period after my death, no one or all of my said <br />devisees shall make any contract to sell, assign, convey, mortgage, encumber or charge with a <br />lien of arty kind, my said business properties or any part thereof, or any rents, income or profits <br />arising therefrom, to take effect and be in force after the expiration of said ten year period and <br />provided further that my said business properties or any part thereof or interest therein shall not <br />be sold on partition, execution or other judicial sale, whether voluntary or involuntary on the part <br />of my devisees or any of them, during such ten year period after my death, to the end that each <br />devisee hereunder may have his or her respective interest in said real estate, free and clear of <br />all liens and encumbrances ten years after my death, provided each devisee hereunder may dispose of <br />his or her interest in said business properties by will during said ten year period, subject to the <br />provisions and restrictions herein contained. <br />ITEM TWO. <br />I recommend, without making it compulsory, that my dry goods business, including the fixtures, <br />stock of merchandise and goodwill, in Grand Island,Nebraska, which I have been conducting for <br />many years, shall be incorporated by my executors or surviving children as soon after my death as <br />conveniently may be, and that the stock shall be divided equally between my four children above <br />named, if they survive me and if not,the descendant or descendants of any deceased child to take <br />the parent's share by representation and I authorize and empower them to incorporate the same if <br />they deem it advisable and it is my wish and desire that before any of the stock shall be sold, <br />it shall first be offered to the other children, until the incorporation may be effected or until <br />my executors have arranged for the charge and management of the store, I authorize my sons, JosepbL <br />D.Martin, Junior and Roderick J.Martin, who are now associated with me in the conduct of the busi- <br />ness, or their survivor, to manage and conduct the store and to collect outstanding accounts and <br />