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<br />THE AUGUSTINE CO. 19600.12 -96
<br />devisees under said Will.
<br />SIXTH.
<br />That Claus Franzenburg, deceased, died seized of the following described real estate, to -wit:
<br />The north sixty (60) acres of the East Half of the Northwest Quarter (EjNWJ) of Section Two (2),
<br />Township Twelve (12), Range Seven (7) and the Southeast Quarter of the Southwest Quarter (SEJSWI)
<br />and the Southwest Quarter of the Southeast Quarter (SW-1SEJ) of Section Thirty -five (35), Township
<br />Thirteen `°(13), Range Seven (7), all West of the 6th P.M. in derrick County, Nebraska.
<br />Also the East Half of the Southwest Quarter (EI-SWI) and the Southeast Quarter (SEA) of Section
<br />Sixteen (16), Township 'Twelve (12), Range Ten f10J West of the 6th P.M. in Hall County, Nebraska.
<br />SEVENTH.
<br />That under the terms and provisions of said Last Will and Testament all of the real estate above
<br />described was devised and bequeathed to the testator's widow, Emilie Franzenburg, for and during
<br />her natural lifetime but with no power to sell or encumber the same; that the third paragraph of
<br />said Will provided for the sale of said real estate to two children, Herbert Franzenburg and Anna
<br />Peters, now Anna Hill, in case of the death of the testator's wife before her contemplated return
<br />to her home from a trip to Europe but that the said wife did return from said trip and treat another
<br />child, Norma Jean Franzenburg, was born to the testator and his wife after the making of said Will,
<br />and that the provisions of said paragraph are inoperative and can not be carried out because of the
<br />failure of the happening of the conditions stated therein and change of circumstances.
<br />EIGHTH.
<br />That the widow, Emilie Franzenburg, departed this life during the pendency of this estate, to -wit:
<br />on or about the 28th day of June, 1939, intestate, being a resident of Merrick County,, Nebraska,
<br />and leaving surviving her as her sole and only heirs at law and persons interested in her estate,
<br />her four children, to -wit: Anna Hill, a daughter, Herbert Franzenburg,, a son, Martha Ellen Franzen-
<br />burg, a daughter, and Norma Jean Franzenburg, a daughter, being the same four children who are
<br />named in the Fifth Paragraph of this decree as children of the testator, Claus Franzenburg.
<br />NINTH.
<br />That under the provisions of said Last Will and Testament and by reason of the intestate laws of
<br />the State of Nebraska, which apply in so far as said will may not operate, all of the Heal estate
<br />above described has descended in equal shares, as tenants, in common, to the four children above
<br />named, having originally been subject to tree life estate of Emilie Franzenburg, which has been
<br />terminated by her death.
<br />TENTH.
<br />That in addition to the sum of $364.83 on hand as above stated, the executor has in his hands the
<br />following personal property, to -wit:
<br />Certificate No. 24 for 24,shares of stock in the Chapman Co- Operative Grain Association;
<br />Certificate No. 20 for 7 shares of stock in the Chapman Co- Operative Mercantile Association (Ordered
<br />reissued as fourteen shares at one -half of previous par value);
<br />Certificate 223 for 2 shares of stock in the Chapman Telephone- Association;
<br />Certificate No. A0184 for 1' share of capitol stock of Farmer Union Creamery Company; Superior and
<br />Aurora, Nebraska;
<br />One note of Detlef Heetsch and Theresa Heetsch, dated February 23, 1929, due February 23, 1932, for
<br />the principal sum of x+1500.00, on which $75.00 has been paid on principal and which note is se-
<br />cured by real estate mortgage on the following described real estate, to -wit: Commencing at a
<br />Roint ten rods north of a point thirty three feet west of the southeast corner of Section 4, in
<br />Township 10, North of Range 9 West, running thence west twelve rods, thence north until a point
<br />is reached on the south boundary line of a piece of land containing 75/100 acres (heretofore sold
<br />to Henry Rief by Hans Rief and wife), thence east twelve rods and thence south to the place of
<br />beginning, containing five acres, more or less, in Hull County, Nebraska. It is also agreed and
<br />understood that this mortgage is to cover such buildings, cabins and tourist camp buildings that
<br />mortgagors will erect during the year 1929.
<br />That the children above named are entitled to said personal property in equal shares; that the
<br />money above referred to should be distributed to them in equal shares, one- fourth each;, that said
<br />note secured by mortgage should be assigned to said.children in equal shares, and that the certifi-
<br />cates of stock mentioned should be assigned as follows=
<br />To Anna Hill, 6 shares of stock in the Chapman Co- Operative Grain Association; 3 shares (reissued
<br />stock) in the Chapman Co- Operative Mercantile Association; and the certificate for 1 share of
<br />stock in the Farmers Union Creamery Company of Superior and Aurora.
<br />To Herbert Franzenburg, 6 shares of stock in The Chapman Co- Operative Grain Association; 3 Shares
<br />(Reissued stock) in the Chapman Co- Operative Mercantile Association; and Certificate No. 223
<br />for 2 shares of stock in the Chapman `telephone Association.
<br />To Martha Ellen Franzenburg, 6 shares of stock in the Chapman Co- Operative Grain Association and
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