27
<br />of said trust estate, with accumulations.thereon, the trust to continue in manner as hereinbefore
<br />directed as to the remaining one -half of said trust estate. To pay to my said daughter, Frances
<br />Jane Cleary, on her arriving at the age of thirty -five years, the remainder of said trust estate,
<br />with accumulations thereon, at which time said trust shall terminate.
<br />VniTnmv
<br />After my daughter, Frances Jane Cleary, shall have reached the age of thirty years, and prior
<br />to her having reached the age of thirty -five years, if in the judgment of the Trustees, or their
<br />successor or successors in trust, it is for her best interests that the remaining undisbursed half
<br />of said trust estate shall be delivered to her, they shall be permitted so to do, the only condi-
<br />tion being that the County Court having jurisdiction over the trust estate shall approve of such
<br />distribution.
<br />VTVMIJ
<br />In the event my daughter, Frances Jane Cleary, shall die prior to the termination of said trust,
<br />leaving issue her surviving, I direct that said trust shall continue for the benefit of such issue,
<br />each, if more than one, to 'fake an equal share until they have arrived at the age of twenty -five
<br />years, at which age the share of each shall be paid to him or her, as the case may be, the remainder,
<br />if any, to be continued in like manner as hereinbefore set forth, for the benefit of any issue, if
<br />such there be, who shall not have reached the age of twenty -five years.
<br />CTVmu
<br />In the event my said daughter, Frances Jane Cleary, shall precede me in death, leaving no
<br />Issue, surviving, I direct that one -half of my estate, both real and personal, of whatsoever kind
<br />or description and wherever situated, shall pass to my brother; Frank J.Cleary, absolutely.
<br />SEVENTH
<br />In the event of the death of either of the above mentioned Trustees during the continuance of
<br />said trust, I request that the presiding Judges of the District Court of Hall County name a suc-
<br />cessor to act in the place of said deceased Trustee.
<br />EIGHTH
<br />I name, nominate and appoint my wife, Celia S.Cleary, and my brother, Frank J.Cleary, Executrices
<br />of this my last will and testament and direct that they be not required to furnish surety on their
<br />bond while acting in that capacity.
<br />IN WITNESS WHEREOF, I have hereunto signed my name this 13th day of February, 1937.
<br />Witnesses:
<br />Bernice E.Matthews
<br />Gladys Simpson
<br />John L.Cleary
<br />We, whose names are hereunto subscribed, do hereby certify that John L.Cleary, testator, sub-
<br />scribed his name to the foregoing instrument in our presence and in the presence of each of us, and
<br />at the same time and in our presence and hearing, declared the same to be his last will and testa -
<br />ment, and we, at his request and in his presence and in the presence of each other, have hereunto
<br />subscribed our names as attesting witnesses.
<br />Bernice E.Matthews
<br />Of Grand Island,Nebraska.
<br />Gladys Simpson
<br />Of Grand Island,Nebraska.
<br />ENDORSEMENT: LAST WILL AND TESTAMENT OF JOHN L.CLEARY, Febr 13" 1937
<br />HALL COUNTY, NEBRASKA F I L E D JAN 30 1939 PAUL N.KIRK COUNTY JUDGE.
<br />STATE OF NEBRASKA )
<br />)ss. CERTIFICATE OF PROBATE OF WILL
<br />HALL COUNTY )
<br />At a Session of the County Court held in the County Court Room in Grand Island, in said County,
<br />on the 24th day of February, A.D. 1939•
<br />Present Paul N.Kirk, County Judge
<br />
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