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WILL AND DECREE
<br />DECREE OF PROBATE OF FOREIGN WILL.
<br />STATE OF NEBRASKA, )
<br />DOUGLAS COUNTY. )
<br />349
<br />At a session of the County Court, held in and for said county at the county court room in
<br />the City of Omaha of the 28th day of July, A.D. 1893.
<br />Present, J.W.Eller, County Judge.
<br />In the Matter of the Estate of Augustus Kountze, deceased.
<br />Be it Remembered, that on the 2nd day of June, 1893, Herman Kountze filed in this Court a
<br />duly authenticated copy of the last Will and Testament of Augustus Kountze,deceased, and of the
<br />probate thereof in the County of New York and state of New York together with a duly verified
<br />petition praying for the allowance of said last Will and Testament in this Court upon such authen-
<br />ticated copy. And in and by which said petition it appears to this Court that at and immediately
<br />previous to his death the said Augustus Kountze was a resident of the County of New York and State
<br />of�New York that he departed this life on the 30th day of April, A.D. 1992; that at and previous
<br />to his death he was possessed of Real Estate situate and being in the County of Douglas on which
<br />said Will can operate.
<br />That the said County Court did on the day of filing said petition, make and issue an order in
<br />due form of law assigning the 28th day of July, A.D. 1893, at 10 o'clock A.M. , at a term of said
<br />Court at that hour and day to be held at the County Court room as the time and place when and where
<br />all DArties in interest might appear and show why said Will should not be allowed and probated as
<br />prayed in said petition. Said order also contained a direction that a copy thereof be published in
<br />the Omaha Weekly Bee a newspaper printed and in general circulation in said County of Douglas,once
<br />each week for three successive weeks prior to said day of hearing.
<br />Now on this 28th day of July A.D. 1893, the day assigned for said hearing, due proof of the
<br />publication of said order of-hearing was made by affidavit and filed as by law required.
<br />No one appearing to contest the allowance and probate of said last Will and Testament, the
<br />Court proceeded to an examination of the authenticated copies of said last will and testament, and
<br />the probate thereof in the County of New York and State of New York, and the evidence touching the
<br />premises being maturely considered, it satisfactorily appears to this Court that the allegations
<br />made in said petition are true, and that said instrument is duly proved and ought to be allowed
<br />as the last Will a.nd Testament of Augustus Kountze,deceased.
<br />IT IS THEREFORE CONSIDERED, ADJUDGED AND DECREED, that said instrument be approved, allowed,
<br />probated, established and recorded, and have full force and effect as the last Will and Testament
<br />of said Augustus Kountze, deceased.
<br />And it is further ordered,.that the execution of said will be committed and the administration
<br />of said estate be granted to Luther Kountze, Charles B.Kountze and Herman Kountze the executors in
<br />said will named, who are ordered to give bond in the penal sum of five thousand ($5000) dollars
<br />with sufficient sureties as required by the statutes in such case made and provided, and upon the
<br />same being duly approved and filed, letters testamentary do issue in the premises.
<br />And it is further adjudged and decreed by the court that the last will and,testament of the
<br />said Augustus Kountze, decea.se&, is in words and figures following to -wit:
<br />LAST WILL AND TESTAMENT.
<br />BE IT REMEMBERED: That I, Augustus Kountze of the City, County and State of New York being
<br />of full age and sound mind, do make and execute this my last will and testament;
<br />FIRST:- I direct that all my debts and funeral expenses be paid as soon as conveniently can
<br />be after my decease.
<br />I give, devise and bequeath unto my beloved wife Catherine Kountze, all that certain mesuage,
<br />tenement and lot or piece of land, with the four story and basement dwelling now thereon erected
<br />on Madison Avenue, known as number 238, in the City of New York and at present occupied by us as
<br />a residence, together with all the furniture, silverware, paintings, books, ornaments, bronzes,
<br />china, linen, curtains, hangings and other chattels and effects whatsoever, which may be therein
<br />at the time of my decease; also all my horses, carriages, harness, robes, &c., thereunto appertain-
<br />ing, to have and to hold, occupy and enjoy the same without any let, hindrance or expense arising
<br />by reason of insurance, taxes and necessary repairs, to and for the term of her natural life.
<br />I give, devise and bequeath unto my executors hereinafter named and to the survivors or
<br />survivor of them one thousand (1000) shares of the Capital Stock of the First National Bank of
<br />Omaha,Nebraska; one thousand (1000) shares of the capital stock of the Colorado National Bank of
<br />Denver, Colorado, and an interest to the extent of Two hundred and fifty thousand dollars
<br />($250,000) in the capital and surplus or undivided profits of the firm of Kountze Brothers,
<br />Bankers of the City of New York to have and to hold the same in trust nevertheless, that they
<br />pay or cause to be paid the entire interest or dividends thereon, the income, profits br earnings
<br />therefrom in semi - annual payments unto my said wife, Catherine Kountze for and during the whole
<br />period of her natural life, and the expiration of one year after her death to pay or cause to be
<br />paid unto her heirs or legal representatives the sum of two hundred and fifty thousand dollars
<br />($250,000). The remainder of the principal sum herein mentioned to be and become a part of
<br />my residuary estate.
<br />The foregoing bequests made to and for the use, benefit and bbhoa.f_ of my wife Catherine
<br />Kountze to be in full and in lieu of all dower or other statutory rig s in and to my estate
<br />whereever the same may be at the time of my decease, otherwise to be null and void.
<br />I give, devise and bequeath unto my brother Herman Kountze, his heirs and assigns forever
<br />a certain piece or parcel of land situate in Kountze Addition to the City of Omaha, known as
<br />reserve block and containing about Thirty (30) city lots together with the sum of Fifty thousand
<br />follars ($50,000) in cash, in trust that he pay said money and convey said land unto the General
<br />Synod of the Lutheran Church of the United States, for the founding of a Theological Seminary,
<br />upon the land herein devised, provided said Synod, within two (2) years from the first day of
<br />July, 1890 shall collect and deposit with the First National Bank of Omaha, Nebraska, the sum of
<br />one hundred and fifty thousand dollars ($150,000) in cash, of which sum no less than seventy five
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