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death. The said beneficial owners shall during said period be entitled to and shall be paid all of <br />the dividends and benefits accruing from said stock, and shall severally be entitled to vote or <br />direct the voting of the shares of which they are beneficial owners. <br />The said Flora Greenberger, Louise Kully and Miriam Abram shall not sell, assign, pledge or in- <br />cumber the said shares of stock, or any part thereof, during said period, except that in case a <br />majority of said beneficial owners desire to sell all of said corporate stock, they shall notify <br />the said trustee, in writing, of such desire and thereupon the said trustee shall forthwith offer <br />all of said corporate stock to Francis O'Keefe of Grand Island,Nebraska, Bertha Novak of Grand <br />Island, Nebraska, and Bernard Greenberger of Grand Island,Nebraska, at a price equivalent to the <br />then fair book value thereof as the same may be ascertained by said trustee, and shall sell said <br />stock to them in equal amounts, or in unequal amounts, if they then agree to purchase the same in <br />unequal amounts, or to either or any of them in case all three do not elect to purchase said stock; <br />and in case neither said Francis O'Keefe, Bertha Novak, or Bernard Greenberger purchase and pay for <br />said corporate stock within thirty days after it is offered to them as aforesaid, the said trustee <br />shall sell and assign the said corporate stock at private sale to any person whomsoever at the <br />best price obtainable therefor. <br />At the expiration of ten years from and after the date of my death if said stock has not there- <br />tofore been sold as herein provided for, the said trust shall wholly cease and terminate and the <br />said trustee shall thereupon assign and deliver the certificates for said corporate stock to the <br />said beneficial owners in the proportions above provided, or to their heirs or personal represen- <br />tatives, respectively. <br />FOURTH <br />All the rest and residue of my property, both real and personal, and wherever situated, I give, <br />devise and bequeath to my said wife, Flora Greenberger, to be her sole and separate property, <br />absolutely and in fee simple. <br />FIFTH <br />I hereby nominate and apt)oint David Kaufmann to be Executor of this, my last will and testament, <br />and request that the said Executor, or any other representative of my estate, employ Claude A. <br />Davis of Grand Island, as attorney for my estate in the administration thereof. <br />IN WITNESS WHEREOF I have hereunto set my hand this 19" day of January 1938. <br />Witnesses: Max Greenberger <br />Gladys Simpson <br />Bernice E.Matthews <br />We, whose names are hereunto subscribed, do hereby certify that Max Greenberger, the testator, <br />subscribed his name to the foregoing instrument in our presence and in the presence of each of us, <br />and at the same time and in our presence and hearing, declared the same to be his last will and <br />testament, and we, at his request and in his presence and in the presence of each other, have <br />hereunto subscribed our names as attesting witnesses. Gladys Simpson <br />Of Grand Lsland.Nebraska. <br />Bernice E.Matthews <br />Of Grand IslandNebrask a. <br />ENDORSEMENT: LAST WILL AND TESTAMENT OF MAX GREENBERGER. <br />HALL COUNTY,NEBRASKA F I L E D APR 29 1940 PAUL N.KIRK COUNTY JUDGE <br />No. <br />7 <br />HALL COUNTY <br />THIRD <br />I give <br />and bequeath to David <br />Kaufmann, <br />of Grand Island,Nebraska, as trustee, and <br />to his sue - <br />azessor.in <br />trust, all of my corporate <br />stock in Max Greenberger & Company, Inc., a corporation, to <br />have and to <br />hold for a period of <br />not <br />to exceed ten years from and after the time of <br />my death, under <br />the trusts <br />and provisions herein <br />set <br />forth, for the equal use and benefit of my wife, Flora Green- <br />berger of <br />Grand Island,Nebraska, <br />my <br />daughter, Louise Kully of Grand Island,Nebraska, <br />and my daughter, <br />Miriam Abram <br />of Omaha, Nebraska, <br />or <br />the survivors thereof, who may be living at the <br />time of my <br />death. The said beneficial owners shall during said period be entitled to and shall be paid all of <br />the dividends and benefits accruing from said stock, and shall severally be entitled to vote or <br />direct the voting of the shares of which they are beneficial owners. <br />The said Flora Greenberger, Louise Kully and Miriam Abram shall not sell, assign, pledge or in- <br />cumber the said shares of stock, or any part thereof, during said period, except that in case a <br />majority of said beneficial owners desire to sell all of said corporate stock, they shall notify <br />the said trustee, in writing, of such desire and thereupon the said trustee shall forthwith offer <br />all of said corporate stock to Francis O'Keefe of Grand Island,Nebraska, Bertha Novak of Grand <br />Island, Nebraska, and Bernard Greenberger of Grand Island,Nebraska, at a price equivalent to the <br />then fair book value thereof as the same may be ascertained by said trustee, and shall sell said <br />stock to them in equal amounts, or in unequal amounts, if they then agree to purchase the same in <br />unequal amounts, or to either or any of them in case all three do not elect to purchase said stock; <br />and in case neither said Francis O'Keefe, Bertha Novak, or Bernard Greenberger purchase and pay for <br />said corporate stock within thirty days after it is offered to them as aforesaid, the said trustee <br />shall sell and assign the said corporate stock at private sale to any person whomsoever at the <br />best price obtainable therefor. <br />At the expiration of ten years from and after the date of my death if said stock has not there- <br />tofore been sold as herein provided for, the said trust shall wholly cease and terminate and the <br />said trustee shall thereupon assign and deliver the certificates for said corporate stock to the <br />said beneficial owners in the proportions above provided, or to their heirs or personal represen- <br />tatives, respectively. <br />FOURTH <br />All the rest and residue of my property, both real and personal, and wherever situated, I give, <br />devise and bequeath to my said wife, Flora Greenberger, to be her sole and separate property, <br />absolutely and in fee simple. <br />FIFTH <br />I hereby nominate and apt)oint David Kaufmann to be Executor of this, my last will and testament, <br />and request that the said Executor, or any other representative of my estate, employ Claude A. <br />Davis of Grand Island, as attorney for my estate in the administration thereof. <br />IN WITNESS WHEREOF I have hereunto set my hand this 19" day of January 1938. <br />Witnesses: Max Greenberger <br />Gladys Simpson <br />Bernice E.Matthews <br />We, whose names are hereunto subscribed, do hereby certify that Max Greenberger, the testator, <br />subscribed his name to the foregoing instrument in our presence and in the presence of each of us, <br />and at the same time and in our presence and hearing, declared the same to be his last will and <br />testament, and we, at his request and in his presence and in the presence of each other, have <br />hereunto subscribed our names as attesting witnesses. Gladys Simpson <br />Of Grand Lsland.Nebraska. <br />Bernice E.Matthews <br />Of Grand IslandNebrask a. <br />ENDORSEMENT: LAST WILL AND TESTAMENT OF MAX GREENBERGER. <br />HALL COUNTY,NEBRASKA F I L E D APR 29 1940 PAUL N.KIRK COUNTY JUDGE <br />