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 />
|