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<br />WILL AND DECREE RECORD
<br />THEIIUGUSTINECO. 20112.2.41
<br />WILL AND DECREE
<br />LAST WILL AND TESTAMENT OF JOHN L.CLEARY
<br />I, John L. Cleary, of Grand Island, Hall County, Nebraska, being of sound mind and disposing memory,
<br />do make and publish this my last will and testament, by it revoking all former wills by me made:
<br />VTnCm
<br />I direct that my Executrices, hereinafter named, pay all of my just debts, including the expense
<br />of my last sicknedd and death, and the costs and expenses of admitting this will to probate and ad-
<br />ministering my estate, from such personal property as I may have on hand at the time of my death.
<br />If that be insufficient, I authorize my said Executrines to sell so much of my real estate as may
<br />be necessary for that purpose; the within being their full and complete authority to make necessary
<br />deeds of transfer without order from any court whatsoever.
<br />SECOND
<br />I give, devise, and bequeath unto my beloved wife, Celia S.Cleary, one -half of all the property,
<br />both real and personal, of whatsoever kind or description, and wherever situated, of which I die
<br />seized, to be by her held absolutely. The within provision to be in lieu of all statutory provisions,
<br />including homestead rights, as provided by the laws of the State of Nebraska.
<br />THIRD
<br />All of the rest, residue and remainder of my estate, both real and personal, of which I die
<br />possessed, I give, devise and bequeath unto my brother, Frank J.Cleary, and my wife, Celia S.Cleary
<br />as T,.,ustees, and to their successor or successors in trust, upon the uses and trusts and for the
<br />purposes following:
<br />To receive, take, hold, manage and control the same from my death and until my daughter, Frances
<br />Jane Cleary, shall have reached the age of thirty -five years, or in the case of her death, the
<br />issue of my said daughter shall have reached the age of twenty -.five years, as hereinafter provided,
<br />or until said trust shall have been terminated by conditions as herein set forth.
<br />And in the administration of said trust, said Trustees, or their successor or successors in
<br />trust, as the case may be, are authorized, empowered and directed to sell and convey real and
<br />personal property of said trust eatate, when in the judgment of said trustees, or their successor
<br />or successors in trust, it is for the best interests of the estate that real or personal property,
<br />or both, be sold and the proceeds be re- invested in personal property or other real estate, subject
<br />to no restriction on the part of said Trustees, or their successor or successors in trust, in the
<br />making of necessary assignments or deeds of transfer, other than that the transfers be approved by
<br />the County Court having jurisdiction of said trust estate; to seasonably pay all taxes which may be
<br />levied or assessed against such trust estate, or any part thereof; to release and satisfy of record
<br />mortgages in which I appear as mortgagee; to pay the cost of administering this trust; to invest
<br />and re- invest any surplus moneys belonging to said trust estate in interest - bearing first mortgage,
<br />�g Minicipal or United States Government Bonds (unless said Trustees, or their successor or successors
<br />in trust, shall determine to invest in real estate)', and, generally to do and perform every a-ct and
<br />thing whatsoever requisite and necessary to be done for the proper and economical administration of
<br />said trust estate.
<br />To disburse the net income each year at periods convenient to the Trustees, or their successor
<br />or successors in trust, as the case may be, having in mind the best interests of the beneficiary or
<br />beneficiaries of said trust, in the following manner:
<br />To my surviving daughter, Frances Jane Cleary, or in the case of her death, leaving issue, to such
<br />issue, or in the event any child or children her surviving shall be a minor, to the legally appointed
<br />guardian of said minor.
<br />To pay to my daughter, Frances Jane Cleary, on her arriving at the age of thirty years one -half
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