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<br />TNEAUGUSTINECO. 20112.2.41
<br />all other articles of domestic use except as hereinafter is devised and bequeathed to others.
<br />4. I hereby declare that from time to time various gifts and gratuities have been made to the
<br />children and the following gifts are made by me, to the bast of my ability as equally as possible,
<br />to -wit:
<br />(1) I give, devise and bequeath to my son Donald F.Dodd my diamond ring, my 12 -gauge automatic
<br />shot gun and my personal clothing, as he wears practically the same size clothing as I do.
<br />(23 I give, devise and bequeath to my daughter Phyllis W.Dodd Campbell a leather seat rocker
<br />center table, 3 -piece overstuff suite and Midwest radio, said articles of furniture being now sit-
<br />uated in my office.
<br />(3) I give, devise and bequeath to my son Daniel Dodd my Remington 12 -gauge shot gun.
<br />(4) I give, devise and bequeath to Claude E.Campbell, husband of my daughter Phyllis W.
<br />Campbell, my Studebaker pocket watch and chain and my 410 -gauge lever action shot gun.
<br />5. I hereby declare that I am the owner and titleholder of the following real estate:
<br />One hundred sixty (160) acres of land, the legal description of which is now unknown to me,
<br />but which is situated in Daniels county, Montana, near Whitetail, Montana; that this land has been
<br />said to have oil and gas bearing qualities, but that no exploration for oil or gas has been made
<br />therein, and that this property, in addition to the possibility of oil and gas develppment, is
<br />Income producing at this time
<br />One hundred sixty (160) acres of land, the legal description of which is now unknown to me,
<br />bud which is situated in Humboldt county, California, near Garberville, California; that said
<br />property is not at this time income producing, but it has been said to have oil and gas bearing
<br />qualities, but exploration for same has not been made therein.
<br />It is my will and I hereby give, devise and bequeath the above described lands and in addition
<br />thereto all of the rest,
<br />Edward Dodd
<br />Testator
<br />residue and remainder -of my estate, not enumerated specifically herein, real, personal or mixed,
<br />of which I die seized, or which I may own and have the right to dispose of, to my son, Donald F.
<br />Dodd, in trust nevertheless for the following use and purposes:
<br />(1) To hold said real estate properties above enumerated until such time that exploration
<br />for oil and gas is made in said properties and it is determined that there is neither oil or gas in
<br />paying quantities therein. If, however, it may be determined whether there is or is not gas or
<br />oil in paying quantities in either of said lands without exploration and drilling operations
<br />therein to the satisfaction of said trustee, then and in that event said properties, and each of
<br />them, shall be sold by said trustee and the proceeds of said sale or sales distributed oneLthird
<br />to my wife and the balance share and share alike to my said children.
<br />(2) That so long as said real estate and any other property is in the hands of said
<br />trustee, the income from said properties, after payment of taxes and expense of operation charges
<br />to the successful maintenance and upkeep thereof, shall be paid to my wife as soon as conveniently
<br />possible after receipt of said income by said trustee, and said payment of income shall continue
<br />to be made to my wife for the duration of her life, provided, however, that in the event of her
<br />remarriage, then said payment of income to her shall cease and shall be paid to my children, share
<br />and share alike.
<br />(3) The surviving children of any deceased child of mine shall take, share and share alike,
<br />the same share of income and principal and at the same times the deceased child would have received
<br />such income and principal if living.
<br />(4) The trustee is granted full power to mortgage, lease, sell, exchange, or otherwise
<br />dispose of any and all property in said trust, except as otherwise provided herein, as said trustee
<br />deems proper, and may employ cousel and other
<br />_ Edward Dodd
<br />Testator
<br />agents in the discharge of his duties and may pay them reasonable compensation out of the trust
<br />funds.
<br />6. I direct that said trustee, at the time the trust is established, or as soon thereafter as
<br />is expediently possible, liquidate the trust property, except as hereinbefore restricted, and that
<br />the income, proceeds and interest from the sale thereof and the collection of the accounts receivable
<br />and earnings accruing and accrued shall be treated as income and paid to my beloved wife as soon
<br />as conveniently possible after receipt thereof by said trustee.
<br />7. I direct my executor to pay all inheritance, estate, succession and legacy taxes to which
<br />my estate, or transfer of any property thereunder, shall be subject and to charge said taxes as a
<br />part of the expense of administration.
<br />8. The provisions of this will, in my deliberate judgment, are wise and just and considered as
<br />a whole should prove beneficial and satisfactory to my wife and family. It is therefore my desire
<br />that my wife assent to this-will and cooperate with this plan, which I am confident will work to
<br />the advantage and welfare of herself and the family as a whole.
<br />9. In the event my wife elects to take under the statutes of Nebraska and not under this will,
<br />then and in that event the trustee herein shall distribute to my said wife one -third of the entire
<br />trust estate, or the value thereof, and said trust estate or the remainder thereof shall be hald
<br />and managed by the trustee for the sole benefit of my children upon the terms and conditions as
<br />hereinbefore set forth.
<br />10. I hereby nominate and appoint Donald F.Dodd as executor of this my last will and testament
<br />and as trustee hereunder and said executor shall have full power at his discretion to do any and
<br />all things necessary for the complete administration of my estate, including the power to sell at
<br />public or private sale and without order of court any property, real or personal, belonging to my
<br />estate, and to compound, compromise or otherwise settle
<br />Edward Dodd
<br />Testator
<br />or adjust any and all claims, charges, debts and demands whatever against or in favor of my estate
<br />as fully as I could do if living.
<br />In witness whereof I have hereunto set my hand to this last will and testament this 18th day
<br />of January, 1943-
<br />Edward Dodd
<br />Testator.
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