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356 <br />zlliiiii IN, ]111 <br />THERUGUSTINECO. 20112.2.41 <br />become a part of the residue of my estate and shall be disposed of under and pursuant to the provisions <br />of the residuary clause of this, my Last Will and Testament, being Article EIGHTH hereof. <br />SEVENTH: I give, devise and bequeath unto my Executors (and to their successors in trust as <br />herein provided) in trust for the use and benefit of my niece, ROXANA SHOLL LEWIS, the sum of Ten <br />Thousand ($10,000.00) Dollars. Said Executors shall continue as Trustees of.said property for a <br />period of ten (10) years from and after my death unless my niece, ROXANA SHOLL LEWIS, shall be <br />deceased prior to the said ten (10) year period, in which event said trust shall terminate and the <br />money so held in trust shall be disposed of as hereinafter vrovided. <br />(a) Said Executors, and their successor or successors as Trustees aforesaid, shall have full <br />power and authority to invest and re- invest said trust fund, all as in their judgment seems wise and <br />best. During the lifetime of the said ROXANNA SHOLL LEWIS the said Trustees shall advance to her such <br />sums as shall be deemed necessary by them for her support and maintenance. In no event, however, shall <br />said sum so advanced exceed the sum of Fifteen Hundred ($1500.00) Dollars in any one year. At the <br />termination of said trust by the death of the said ROXANA SHOLL LEWIS, or by the expiration of ten <br />(10) years, the residue of any sums then in the hands of the Trustee's shall become a part of the <br />residue and remainder of my estate and be disposed of as in Article EIGHTH hereinafter provided. <br />EIGHTH: I give, devise and bequeath all of the rest, residue and remainder of my estate, not <br />otherwise disposed of, both real and personal( wherever situated, including all lapsed and failed <br />legacies and devises, hereinafter termed the trust estate".. unto my Executors and Trustees (and <br />their successors in trust as herein provided), under this my Last Will and Testament, but in trust <br />for the use and benefit of my niece, MAURINE HEATH WILSON DONAHUE-, and the then living heirs of <br />GEORGE TUTTLE WILSON 5 <br />her body, said property to be held by said Trustees upon the following terms and conditions: <br />(a) To receive and collect the principal and income of the trust estate, invest and re- invest <br />moneys available therefor; and, as hereinafter provided, to pay, accumulate, use or apply the income, <br />and manage, administer and distribute the principal of the trust estate. <br />(b) Said trust shall continue for a period of ten (10) years after my death, during which time <br />the net income therefrom shall be paid quarterly to my said niece, MAURINE HEATH WILSON DONAHUE, <br />and to the then living heirs of her body, in equal shares, share and share alike. In the event of <br />the death of my said niece, MAURINE HEATH WILSON DONAHUE, before the expiration of said ten (10) <br />year period, teen and in such event her share of th-e net income from said trust estate shall be <br />raid by said Trustees to or for the use and benefit of my niece, ROXANA SHOLL LEWIS, and my nephew, <br />GEORGE EMIL WILSON, share and share alike, or the survivor -thereof. Said trust estate shall term- <br />inate ten (10) years after my death and one -third (1/3) of said trust estate shell thereupon go to <br />and become the absolute property of my said niece - MAURINE HEATH WILSON DONAHUE if she is then <br />living, and if not, then to the then living heirs of her body, -share and share alike. If said <br />trust estate shall terminate while my niece, ROXANA SHOLL LEWIS shall then be living, one -third (1/3) <br />of said tri.ist estate shall thereupon go to and become the absolute property of my said niece, ROXANA <br />SHOLL LEWIS, but if she shall not be living at the time of the termination of this trust, then and <br />in that event said one -third (113) which would otherwise go to her in the event that she were living, <br />shall be divided equally between MAURINE HEATH WILSON DONAHUE and GEORGE EMIL WILSON, or the heirs <br />of their bodi-es as herein provided. At the time of the termination of this trust, the remaining <br />one -third (1/3) of the said trust estate shall go to and become the absolute property of my said <br />nephew GEORGE EMIL WILSON -if he is then living and if not, then to the heirs of his body then <br />living, share and share alike, In the event of the death of either said MAURINE HEATH WILSON <br />DONAHUE or GEORGE EMIL WILSON before the termination of the trust herein provided for, leaving no <br />heirs of their bodies then surviving them, then and in such case the share of the niece or nephew <br />which shall be deceased, shall, <br />George Tuttle Wilson 6. <br />upon the termination of the trust estate, become the absolute property of the survivor of said <br />niece or nephew, or of the heirs of his or her body as herein provided. If, at the expiration of <br />the said ten (10) year period, neither MAURINE HEATH WILSON DONAHUE or GEORGE EMIL WILSON be then <br />surviving and there be no then living issue of either of their bodies, then surviving, then and in <br />such event said .trust estate shall, on the termination of the trust hereby created, be divided among <br />my heirs, their identity and their respective shares to be determined according to the laws of the <br />State of California relating to succession of separate property, in force at the time of my death. <br />NINTH: I hereby appoint A.M.TILLMAN, now President of the First National Bank of Hooper Nebraska, <br />LEE HUFF, SR. now of Omaha., Nebraska, and J.MACK SHOLL LEWIS and_ W.E.ZIEGLER, both of Los -kngeles, <br />California., or the survivors of them, as the Executors and Trustees under this, my last Will and <br />Testament. Provided, however, that the said W.E.ZIEGLER shall not act as Co- Executor or Trustee <br />unless and until he shall file with the Clerk of the Superior Court of the State of California, in <br />and for the County of Los Angeles, a statement in writing that he will act as tax counsellor and <br />advisor concerning all taxes claimed due by my estate, or from any trust created herein, and agrees <br />that silch service shall be without charge to the estate, except such fees as he may receive as an <br />Executor or Trustee hereunder, which fees in no event shall be greater than those received by any <br />oth r duly qualified and acting Executor or Trustee hereunder. <br />Za) It is my will and I hereby direct that each and all persons acting as the Executor and /or <br />Trustee under this Will shall be required to give a bond issued by a reputable licensed surety com- <br />pany, in such form and amount as shall be approved by the Superior Court of the State of California, <br />in and for the County of Los Angeles; provided, however, that any premium or charge for such bond <br />shall be a charge upon my estate and the revenues therefrom. <br />George Tuttle Wilson 7• <br />(b) The Trustees of all trust created under this Will shall limit their investments of trust <br />funds to United States Government Bonds and to Minicipal -Bonds graded 3A. <br />(c) All Executors and Trustees of Trusts created by this Will shall receive such reasonable <br />compensation for their services to be performed by them as such Executors and Trustees as the <br />Superior Court of the County of Los Angeles, State of California, shall determine they are entitled <br />to, In the event that all the Executors and /or Trustees shall be dead, unwilling, or for any reason <br />fail to qualify or to act as such Executor and /or Trustee as provided for in this Will, or if it <br />shall become necessary to prevent waste or for the best interests of the heirs and the estate, <br />then and in such event some proper and suitable person or persons (not a bank or a trust company) <br />shall be appointed by the Superior Court of the State of California, in and for County of Los <br />Angeles, to act as .executor and /or Trustee of my estate. <br />(d) All persons who shall act as Executors and Trustees hereunder shall file annual and detailed <br />reports of the receipts and disbursements had and made hereunder with the Superior Court of the State <br />of California in and for the County of Los Angeles, together with a general.report of their handling <br />and management of all the trust property in their possession. <br />(e) To carry out the express purposes of this trust, and in aid of its execution and the proper <br />administration, management and disposition of the trust estate, the Trustees are vested with the <br />following additional powers and discretions: <br />1. To retain any property and to continue and operate any business which it may receive here- <br />1 <br />1 <br />1 <br />1 <br />j <br />