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 />
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