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350
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<br />THEAUGUSTINECO. 20112 -2.41
<br />thousand ($75,000) nor more than ninety thousand dollars ($90,000) shall be set a part'and expended
<br />for the erection of the necessary buildings and other improvements required by an institution of
<br />that character; and the remainder of said sum together with the aforesaid sum of Fifty thousand
<br />dollars ($50,000) herein bequeathed to said Herman Kountze be safely invested in interest bearing
<br />securities acceptable and approved by my said brother Herman Kountze, the income therefrom to
<br />provide a permanent endowment fund for the support of said Theological Seminary herein contemplated
<br />otherwise this bequest to be null and void, and the estate herein intended to be devised to be and
<br />become a part of my residuary estate.
<br />After the bequests hereinbefore made shall have been paid or disposed of as therein stipulated,
<br />I/order and direct that all the rest, residue and remainder of my estate, be the same real, personal
<br />or mixed, whatsoever and wheresoever the same may be, be converted into cash; and to that end I do
<br />hereby authorize and empower my hereinafter named executors, the survivor or survivors of them, to
<br />sell and dispose of all my said real estate, either by public or private sale or sales, for the
<br />best price or prices that can be gotten for the same, and by proper deed or deeds, conveyances or
<br />assurances in the law, to be duly executed, acknowledged and perfected to grant, convey, and assure
<br />the same to the purchaser or purchasers thereof in fee simple; and to divide the proceeds there-
<br />of to and among my brothers and sisters in the following proportions, that is to say: Three four-
<br />teenths thereof unto my brother Luther Kountze; Three fourteenths thereof unto my brother Herman
<br />Kountze; Three fourteenths thereof unto my brother Charles B.Kountze; one fourteenth part thereof
<br />unto my widowed sister Matilda K.Gardiner; one fourteenth thereof unto my sister Adeline Ruth, wife
<br />of William Ruth; one fourteenth thereof unto my sister Clementine Brown, wife of Samuel R.Brown;
<br />one- fourteenth thereof unto my widowed sister Margaret Berger; one fourteenth thereof unto my sister
<br />Mary Dorothea Oliver, wife of George T.Oliver; the heirs or representatives of any of my brothers
<br />or sisters who shall have died between the time of my decease, and the time of said distribution
<br />to be entitled to such share or shares as their respective ancestors whould have been enti_led to
<br />receive if they were living.
<br />And I do hereby nominate, constitute and appoint my said brothers Herman Kountze, Luther
<br />Kountze and Charles B.Kountze to be executors of this my last will and testament.
<br />In witness whereof I the said Augustus Kountze have to this my last will and testament sub-
<br />scribed my name and affixed my seal this thirtieth day of June, A.D. 1990.
<br />.AUGUSTUS KOUNTZE (Seal)
<br />Signed, sealed and declared by the said Augustus Kountze as and for his last will and testa-
<br />ment in the presence of us, who at his request, in his presence and in the presence of each other,
<br />have hereunto subscribed our names as witnesses.
<br />Egbert Mills,Jr.,No.334 W.145thSt.,New York.
<br />Aaron T.Smith, No.36,Waverly Place, Orange
<br />New Jersey.
<br />OF PROBATE OF WILL.
<br />CERTIFICATE
<br />STATE OF NEBRASKA ) In the Matter of the Estate of Augustus Kountze, deceased.
<br />COUNTY OF DOUGLAS )ss.
<br />I, J.W.E1'ler, County Judge, in and for said County do hereby certify that on this 28th
<br />day of July, A.D. 1893, the foregoing was duly proved, approved, probated and allowed, as the last
<br />will and testament of the said Augustus Kountze, deceased, and the same was ordered to be recorded
<br />in the Records of the County Court aforesaid.
<br />In Witness Whereof, I have hereunto set my hand, and affixed the Seal of the said County Court,
<br />at Omaha, this 29th day of July, A.D. 1993.
<br />(Seal) J.W.ELLER,County Judge
<br />COUNTY COURT OF DOUGLAS COUNTY,NEBRASKA.
<br />In the Matter of the Estate of ) Decree on '.al account.
<br />Augustus Kountze, deceased. )
<br />Now on this twenty - second day of March, 1900, this matter coming on to be heard on the petition
<br />of Herman Kountze, Luther ountze and Charles B.Kountze, as the executors of the will of Augustus
<br />Kountze, deceased, on their final administration report and account as said executors, and the
<br />evidence, was submitted to the court; on consideration whereof the court finds:
<br />That, on the twentieth day of February, 1900, Herman Kountze, Luther Kountze, and Charles B.
<br />Kountze, as the executors of the will of Augustus Kountze, deceased, filed in this court their
<br />final administration report and account as such executors, and their petition praying that said
<br />report and account be settled and allowed, and for all such orders and decrees as might be neces-
<br />sary to discharge them, as such executors, from their trusts, release their bonds and settle the
<br />administration in the State of Nebraska of the estate of said Augustus Kountze, deceased;
<br />That, on the twentieth day of February, 1900, an order of this court was made assigning the
<br />twenty- second day of March, 1900, at nine o'clock A.M. at the County Court room of the County of
<br />Douglas, State of Nebraska, as the time and place for hearing said petition and examining said
<br />report and account, and requiring that notice of said hearing be given to all persons interested
<br />by publishing a notice thereof in the "Western Laborer ", a newspaper brinted and in general cir-
<br />culation in said County, for four successive weeks prior to the said day of hearing. .
<br />That notice of the hearing has been duly given as required by the order of this court, to
<br />Herman Kountze, Luther Kountze, Charles B.Kountze, Matilda K.Gardiner, Adeline Ruth, Clementine
<br />Brown, Margaret Berger, Mary Dorothea Oliver, General Synod of the Lutheran Church of the United
<br />States, and all other persons interested in said estate:
<br />That the final administration report and account is in all respects true and correct, that due
<br />notice to creditors has been given;that'no claims or demands of whatsoever nature have been allowed
<br />against said estate; nor are any claims of whatsoever nature pending in this or any other court;
<br />and that said estate is fully solvent;
<br />That said Augustus Kountze died on the thirtieth day of April, 1892, in the City, County and
<br />State of New York, in which city, county and state he was domiciled, leaving a last will and
<br />testament, which was duly admitted to probate and record in the in the Surrogate's Court of the
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