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40 <br />THE AUGUSTINE CO. 18800.12.88 <br />in Polk County, Nebraska, and The NEJ of the.SWj and the NWj of the SEJ of Section 5; and Lots 9, <br />10, 11, and 12 of the County Sub - division of the Northwest Quarter,.and the Wj of the NEJ of said <br />Section 5 all in Township 10, North,Range 10, West of the.6th P.M. in Hall County, Nebraska, said <br />tract consisting of 88.5 acres, more or less, according to the Government survey., upon the condi- <br />tion, however, that she shall not sell or mortgage said 80 acre farm for five years after the <br />death of James B.Lesher,deceased. <br />The Court further finds that The SEJ of Section 36, in Township 12, North,Range 11 West of <br />the 6th P.M. in Hall County,Nebraska; and the South 73.5 acres of the SWj and W* of the SE'. of <br />Section 31, in Township 12,North,Range 10,West of the 6th P.M. in Hall County, Nebraska, said <br />73.5 acres being a rectangular tract with the South line of the SEJ and the said West half of said <br />Southeast Quarter as its south boundary, one -half the highway to be included in said 73.5 acres, <br />the two tracts hereby devised comprising 233.5 acres, passed and descended to Rosa Starr, a daughter <br />of the said James B.Lesher, upon the express condition, however, that the said Rosa Starr shall <br />not mortgage, sell or convey any part of said lands, above described, for a period of ten years <br />after the death of James B.Lesher deceased. It being provided, however, in said Will,that the <br />said Rosa Starr and Carl Lesher are empowered to make such division,conveyance, or trades, of the <br />land bequeathed to them under said Will, to permit a division which may be more suitable to each <br />of them and that they are empowered to make such division between themselves without waiting until <br />the expiration of the ten year restriction provided for under the terms of said Will. <br />The Court further finds that the following described property passed and descended to Carl <br />Lesher, to -wit: <br />233.5 acres in Section 31,in Township 12,North Range 10, West of the 6th P.M. in Prairie <br />Creek Township, Hall County Nebraska, described as follows: The South Half of the North <br />west Quarter (Sj NWj)the SW , the Wj of the SW excepting therefrom the rectangular <br />tract of 73.5 acres devised to Rosa Starr). <br />Upon the express condition, however, that the Carl Lesher shall not mortgage, sell or convey any <br />part of said lands, above described, for a period of ten years after the death of James B.Lesher, <br />Deceased. It being provided, however, in said Will, that the said Rosa Starr and Carl Lesher <br />are empowered to make such division, conveyance or trades of the land bequeathed to them under <br />said Will to permit a division which may be more suitable to each of them and that they are em- <br />powered to make such division between themselves without waiting until the expiration of the ten <br />year restriction provided for under the terms of said Will. <br />The Court further finds that all of the other Real Estate herein above described, (except <br />the home which was bequeathed to Mary A.Lesher) did pass and descend at the time of the death of <br />James B.Lesher to his three children: Rosa Starr,Gertrude Lesher and Carl Lesher, share and share <br />alike. <br />The Court further finds that all of the personal property belonging to the said James B. <br />Lesher remaining in the hands of the executrices as shown by the Final Report did pass and descend <br />to Rosa Starr, Gertrude Lesher and Carl Lesher, share and share alike; that a list of the personal <br />property so remaining in the hands of the executrices is as follows: <br />C� <br />n <br />Cash as <br />shown by the Final Report <br />$159.23 <br />Note of <br />James B.Adams and wife <br />350.00 <br />Note of <br />Charles Hurley <br />180.00 <br />Note of <br />John Eager <br />100.00 <br />Note of <br />Carl and Hanna Hitchler <br />360.00_ <br />Note of <br />R.H. and Anna P.Richardson <br />55.63 <br />Account <br />against Dr. C.R.Peterson <br />0000 <br />Account <br />against Dr. J.B.Slusser <br />. <br />Account <br />of Lawrence Luft <br />130.00 <br />Account <br />of Arch Benning <br />69.00 <br />Account <br />of I'. C. Samuelson <br />358.00 <br />Account <br />of H,J.Brownwell <br />120.00 <br />Account <br />of A.A.Waldman <br />64.00 <br />1 share <br />of preferred stock in the Central <br />Power <br />Company <br />1 share <br />of capital stock in the Roberts <br />Grain <br />Company of Omaha <br />