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198 <br />THEAUGUSTINECO. 20112.2.41 <br />guar a of Be t11 n Twenty- itht (2g) in Townsh�p Elev�r t�l),North,Range Twelve (12) West of the <br />bth fi., in al� County, a raska, to have an to ho e ame frev r, upon the condition, <br />however, that said premises shall not in any manner be alienated or incumbered for a period of <br />five years after my death, and in any event not before she reached the age of twenty -six years. <br />I further provide that the One Thousand Dollars ($1000) given and bequeathed to the said Elizabeth <br />J.Miller in paragraph second hereof, and the real estate described in this paragraph, shall be held <br />in trust for the said Elizabeth J.Miller, by William Buhr, trustee, until she reaches the age of <br />twenty -one years. <br />EIGHTH. <br />I give and devise to my grand - child, Robert L.Hoye, the following described premises; the <br />northwest quarter of the northwest quarter of Section Thirty- three 33) in Township Eleven (11) <br />North,Range Twelve (12) West of the 6th P.M., in Hall County, Nebraska, upon the condition, how- <br />ever, that said premises shall not be alienated or incumbered for a period of five years after my <br />°bdeath, and in any event not prior to said child becoming of the age of twenty-six years; and I <br />further provide that in the event of my death prior to the said grand -child reaching the age of <br />twenty -one years, that possession of said premises shall be delivered to the mother, Katharyn <br />Hoye, Trustee, until the said child reaches the age of twenty -one years. <br />NINTH. <br />I give and bequeath to my grandson, John A.Kelly,Jr. the sum of Two Thousand Dollars ($2000) • <br />TENTH. <br />I give and bequeath to my grandchild, Jerry Kelly, the sum of Two-Thousand Dollars ($2000). <br />ELEVENTH. <br />I give to my grandchildren in this paragraph named the following amounts: To my grandson, John <br />R.Miller, the sum of One Thousand Dollars ($1000); to my grand - daughter Eloise M.Langan, the sum of <br />One Thousand Dollars ($1000); to my grand - daughter, Lucille F.Langan, the sum of One Thousand Dol- <br />lars ($1000); to my grandson, Frederick J.Langan, the sum of Two Thousand Dollars ($2000); and to <br />my grandson, Robert L.Hoye, the sum of Two Hundred Fifty Dollars ($250), which said sums shall be <br />by my executrices delivered to the respective mothers of said children, as trustees, and to be <br />held by them until the respective children arrive at the age of twenty -one years. <br />TWELFTH. <br />I give, devise, and bequeath all of the rest, residue, and remainder of my property, real and <br />personal, and whether now held by me or hereafter acquired, to my children, Katharyn Hoye, Blanche <br />M.Miller, Alice F.Langan, and Gladys F.Kelly, to my grand - children, John R.Miller, Eloise M.Langan, <br />Lucille F.Langan, Frederick J.Langan, John A.Kelly,Jr., Jerry Kelly, and Robert L.Hoye, and to my <br />foster - daughter, Elizabeth J.Miller, share and share alike. <br />I further provide that the children of my said children, Katharyn Hoye, Blanche M.Miller, Alice <br />F.Langan, and Gladys F.-Kelly, shall take by right of representation, in the event of the death of <br />their parents. <br />I further provide that the shares of each and all of the grandchildren mentioned in this para- <br />graph shall be held by the mothers of said grandchildren until the respective grandchildren arrive <br />at the age of twenty -one years; that the share of my foster - daughter, Elizabeth J.Miller, shall be <br />held in trust for the said Elizabeth J.Miller, by William Buhr, Trustee, until she reaches the <br />age of twenty -one years. <br />THIRTEENTH. <br />I name, nominate, and appoint my daughters, Katharyn Hoye, and Blanche M.Miller, and William <br />Buhr, as executors of this, my last will and testament. <br />IN TESTIMONY WHEREOF, I have hereunto set my hand to each of the four typewritten pages hereof, <br />this 2nd day of November, 1938. <br />Witnesses: <br />Bernice E.Matthews <br />Claude A0 Davis <br />m. Suhr <br />Fred J.Miller <br />We, whose names are hereunto subscribed, do hereby certify that Fred J.Miller, the testator, <br />subscribed his name to the foregoing instrument in our presence and in the presence of each of us, <br />and, at the same time and in our presence and hearing, declared the same to be his last will and <br />testament, and we, at his request and in his presence and in the presence of each other, have <br />hereunto subscribed our names as attesting witnesses. <br />Bernice E.Matthews <br />OF and Lsland.,Nebraska <br />Claude A.Davis <br />Of Grand eland, ebraska <br />Wm. Buhr <br />STATE OF NEBRASKA )as. 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 27th day of January, A.D., 1940. <br />Present Paul N.Kirk <br />County Judge <br />In the Matter of the Estate of <br />Fred J.Miller, Deceased. <br />I, Paul N.Kirk, Judge of the County Court, in and for said County, do hereby certify that on <br />the 30th day of December, 1939, the instrument purporting to be the last will and testament of <br />Fred J.Miller deceased, was filed for probate in this Court. That on the 27th day of January 1940, <br />said instrument to which this certificate is attached was duly proved, probated and allowed as the <br />last will and testament of the real and personal estate of said Fred J.Miller, deceased, and the <br />same was ordered to be recorded in the records of the Court aforesaid. <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Court, this <br />27th day of January, 1940. Paul N.Kirk <br />(SEAL) County Judge <br />IN THE COUNTY COURT OF HALL COUNTY,NEBRASKA <br />In the matter of the estate ) <br />of ) FINAL DECREE. <br />Fred J.Miller, Deceased. ) <br />Now, on this 12th day of September, 1942, this-cause came on for hearing upon the final report <br />E <br />