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TNEIIUGUSTINECO. 20112.2.41
<br />allowed by the court
<br />to my three sisters and my brother named.
<br />Upon the death of any one of the above -named beneficiaries, the net income available for dis-
<br />under or through, a
<br />devisee, legatee, or beneficiary
<br />tribution shall thereafter be paid to the remaining three upon the same terms and conditions as
<br />intestate would be
<br />hereinbefore indicated. When , two of the said beneficiaries shall be deceased, the net income
<br />from the said trust estate available for distribution shall be paid to the two remaining bene-
<br />indirectly, contest
<br />ficiaries upon said same terms and conditions. When three of said beneficiaries shall be deceased,
<br />said Trustee shall ray one -half of said net income available for distribution to the survivor of
<br />hereof, or conspire
<br />said beneficiaries, and the other one -half shall be divided in three equal shares and one of said
<br />shares shall be naid to each of my two nephews and niece, namely, HOLLIS SHOWALTM, FRANK A.SHOWALTER,
<br />teen I hereby bequeath
<br />and VIRGINIA SHRYOCK: provided that, if the survivor of said four beneficiaries shall be either
<br />Grace Shewalter. or Ruth Thompson, there shall first be paid to said survivor the sum of $150.00
<br />per month -,-nd thereafter a like amount shall be paid to and divided equally among said Hollis
<br />Showalter, Frank A. Showalter and Virginia Shryock, so far as available, and, if there then be any
<br />surplus, the remainder shall be divided into two equal parts, one of which shall be paid to said
<br />survivor and the other shall be paid in equal shares to said. Hollis Showalter, Frank A.Showalter
<br />and Virginia Shryock. In the event th9t any of said nephews or niece shall then be deceased, the
<br />share of said net income which said nephews or niece would have received shall be paid to his or
<br />her heirs at law in accordance with the statutes of the state of California.
<br />This trust shall terminate absolutely and be distributed upon the death of the last survivor
<br />of my three sisters and brother hereinbefore named.
<br />Unon the said termination of this trust estate I direct that my said Trustee pay and distribute
<br />the same,'in equal shares, to my tit *o nephews and my niece hereinbefore named. In the event, how-
<br />ever, that any one or more of said relatives last named shall die prior to receiving distribution,
<br />I then direct that there s1 -all be paid over and distributed to each child, or legally adopted
<br />child.., of said deceased relative or relatives six- one- hundredths (6 /100ths) of said trust estate,
<br />and tt!tt tie remainder srin.11 be divided in three equal shares and that said Trustee shall pay and
<br />distribute one of said shares to each of said relatives surviving and shall pay and distribute one
<br />share to the heirs at law of each of said deceased relatives, to be divided among said heirs at
<br />law respectively in accordance with the statutes of the state of California.
<br />I direct that my said Trustee shall receive such fees for his services as Trustee as may from
<br />time to time be fixed by the court having jurisdiction.
<br />Y hereby authorise and empower my Trustee to nominate and appoint, in writing, his successor,
<br />and I hereby request th t if any appointment under such circumstances be necessary by a court
<br />that the court having jurisdiction appoint as Trustee hereunder the person nominated and appointed
<br />oy my said Trustee, such successor to have all of the powers and to carry out all of the terms of
<br />this trust in the same manner as the Trustee a.p;ointed by me herein and to likewise receive such
<br />compensation as shall be from time to time
<br />allowed by the court
<br />having jurisdiction.
<br />Fifth: yf any person who is, or claims
<br />under or through, a
<br />devisee, legatee, or beneficiary
<br />under this will, or any person who if I died
<br />intestate would be
<br />entitled to share in my estate,
<br />shall in any manner whatsoever, directly or
<br />indirectly, contest
<br />this will or attack, onoose or
<br />seek to impair or invalidate any provision
<br />hereof, or conspire
<br />or cooperate with any one attempting
<br />to do any of the acts or things aforesaid,
<br />teen I hereby bequeath
<br />to each such person the sum of
<br />One Dollar only, and all other bequests, devises and interests in this will given to such person
<br />shall be forfeited and shall augment provortionately the shares of my estate going under this
<br />will to or in trust for such of my devisees, legatees and beneficiaries as shall not have par -
<br />ticipa.tAd in and as sihiall have opposed such acts or proceedings. If all my devisees, legatees and
<br />beneficiaries shall participate in such proceedings, I give, devise and bequeath the whole of my
<br />estate to my heirs at law, according to the laws of succession of the state of California then in
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