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622 WILL AND DECREE RECORD
<br />THE AUGUSTINE CO. 18600.12.96
<br />as herein authorized, the proceeds derived from such sale shall be by said Trustees turned into
<br />the corpus of the trust estate to be invested and reinvested in the manner specified herein. This
<br />provisions shall be considered as directory only, and expressive of my desires, but shall not limit
<br />the power of the Trustees, in their discretion to dispose of or hold J.C.Penney Company stock, to
<br />any extent they deem for the best interests of the estate..
<br />It is to be specifically noted that the provisions of this paragraph Ninth do not refer in any
<br />way to the one hundred shares of stock which I have devised and bequeathed to my brother, Lloyd
<br />H.Faidley, or to the one hundred shares of stock which I have devised and bequeathed to my wife,
<br />Della Faidley.
<br />TENTH. It is hereby directed, that if either my brother, Lloyd H.Faidley, or my �A'ife, Della
<br />Faidley, shall have died before he or she shall have received the one hundred shares of stock of
<br />the J.C.Penney Company devised to each of them in Paragraphs Fifth and Sixth of this will, that
<br />the bequest to the specific beneficiary so dying shall lapse and be of no effect, and the shares
<br />of stock so bequeathed shall revert to the corpus of the estate.
<br />ELEVENTH. I authorize and empower my Executors to sell any and all real estate of which I may
<br />die seized and which is not herein specifically devised, at public or private sale for such price
<br />and upon such terms as it may in their discretion seem best; to execute; and to deliver all deeds
<br />of conveyance and other proper instruments therefor; and in aid of such sale to expend necessary
<br />moneys in repairing and improving the same, I further give and grant to my Executors full power
<br />and authority, subject to the provisions of Paragraph Ninth hereof to sell any security or other
<br />personal property, not herein specifically bequeathed, which may be found in my estate or in their
<br />discretion to retain any investments which I may hold at my death.
<br />TWELFTH. I hereby direct that said Trustees shall invest and reinvest the funds derived by it
<br />from the trust estate in securities or property which may from time to time be legal for the in-
<br />vestment of trust funds in the State of Nebraska.
<br />THIRTEENTH. Each and every beneficiary under this trust is hereby restrained from, and shall
<br />be at all times without rights, power or authority to sell, transfer, pledge,mortgage, hypothecate,
<br />alienate, anticipate, or in any other manner affect or impair his, her or their legal or beneficiary
<br />rights, titles, interests, and claims and estates in and to the income and /or principal of this
<br />trust during the entire term hereof; nor shall the rights, titles, interests or estates of any
<br />beneficiary be subject or liable to any process of law -or courts.
<br />FOURTEENTH. While I am providing in this, my Last Will, that none of the persons interested
<br />herein as beneficiaries shall anticipate or hypothecate any interest derived hereunder and this
<br />subdivision is not intended to limit or modify any of these provisions, nevertheless, it is my
<br />desire that my ?said wife shall not lack funds with which to meet adequately extraordinary expenses
<br />during any period or periods of illness or other want or necessity; and to that end, should the
<br />payment to be made to my said wife by the Trustee as herein specified, or the net income from
<br />the trust estate, be insufficient to provide for the reasonable needs and comforts of my said
<br />rife during any such period or periods of illness or other want or necessity, then my Trustees
<br />are authorized and empowered to use and expend for the use and benefit of said wife such portions
<br />of the principal of the trust estate herein created - up to and including the whole thereof -
<br />as may be necessary under the then existing circumstances, and said Trustees shall incur no lia-
<br />bility to any person or persons having a remainder interest under this trust or to any person
<br />whomsoever by reason of so depleting the corpus of this trust in any case where said Trustees shall
<br />make such disbursements in j2:ood faith and in the exercise of its best judgment under the then
<br />existing circumstances.
<br />FIFTEENTH. I.have intentionally omitted all my heirs who are not specifically mentioned herein,
<br />and hereby generally and specifically disinherit each and any and all persons whomsoever claiming
<br />to be or who may lawfully be determined to be my heirs at law except as otherwise mentioned in
<br />this will.
<br />SIXTEENTH. I specifically direct that all transfer, estate, succession and inheritance taxes,
<br />whether levied by Federal or state authority, which may be chargeable against my estate or against
<br />the gifts, devises, bequests and interests specified in this mill, shall be paid out of the general
<br />assets of my estate; it being especially my desire and intention that each and every gift,devise
<br />and bequest and interest under this Will shall be delivered to and taken by the person entitled
<br />thereto in full and without deduction on account of any such tax or taxes.
<br />SEVENTEE1\2111. I hereby nominate, constitute and appoint as Executors and Trustees under this my
<br />Last Will and Testament my wife, Della Faidley, my brother, Lloyd H.Faidley and the Grand Island
<br />Trust Company of Grand island,Nebraska, and I hereby request and direct that my said personal
<br />Trustees and Executors be not required to give any bond or other security for the faithful per-
<br />formance of their duties in such capacities. The corporate Trustee may be substituted by any other
<br />Trust Company in the State of Nebraska designated by my wife and my brother. In case of vacancy
<br />the surviving or remaining trustees shall designate a successor to act as trustee with them.
<br />It is my will and I direct that the trust herein created shall be administered by the Trustees
<br />under the jurisdiction of the District Court of the Judicial District of which Hall County, Nebraska,
<br />or Douglas County, Nebraska, it or shall be a part, and it is my express will and desire that my
<br />trustees shall avail themselves in the administration of the estate and the trust, of competent
<br />and experienced legal counsel, and I direct that Mr. John A.Farber, of Omaha, Nebr. shall be
<br />employed to render all legal services in connection with such administration and handling of the
<br />trust and estate.
<br />IN WITNESS WHEREOF, I have hereunto subscribed my name on this 6th day of December, 1929.
<br />Harry C.Faidley
<br />The foregoing instrument, consisting of six pages, including this page, Tgas on the date thereof
<br />by Harry C.Faidley, signed, sealed, published and declared as and for his Last Will and Testament
<br />In the presence of us and each of us who at his request and in his presence and in the presence of
<br />each other have hereunto subscribed our names as witnesses the day and year last above written.
<br />Peter Todsen Jr.
<br />Jessie other
<br />Minnie leshman-
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