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<br />409
<br />III , N A
<br />1, IMONIM
<br />,ottesta;tion is in due form of law.
<br />IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the County Court,
<br />at Grand Island, this 9th day of February, 19411.
<br />Paul N. Kirk
<br />(SEAL) County Judge
<br />Filed for record this 10th (day of February, 1944, at 9:30 o'clock A.M. \_ 0
<br />Register of eds
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<br />WILL AND DECREE
<br />LAST WILL AND TESTAMENT
<br />OF
<br />HOMER BOWEN
<br />Present Paul N.Kirk
<br />County Judge
<br />In the Matter of the Estate of
<br />Homer Bowen Deceased.
<br />I, Paul .Kirk, Judge of the County Court, in and for said County, do hereby certify that on
<br />the 28th day of -July, 1943, the instrument purporting to be the last l.Jill and testament of Homer
<br />Bowen deceased, was filed for probate in this Court. That on the 25th day of August, 1943, said
<br />Instrument to which this certificate is attached was duly proved, probated and allowed as the
<br />last will and testament of the real and personal estate of said Homer Bowen deceased, and the
<br />same was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Court,
<br />this 25th day of August, 1943. Paul N.Kirk
<br />(SEAL) County Judge
<br />I, Homer Bowen, of Grand Island,Hall County, Nebraska., being of sound and disposing mind, do
<br />herewith make this my last Will and Testament, hereby revoking all Wills by me heretofore made.
<br />FIRST.
<br />I direct that all mfr just debts, including expenses of my last illness, funeral and administra-
<br />tive expenses be first paid by my Executrix, hereinafter named, as soon as can conveniently be
<br />done.
<br />SECOND.
<br />I direct that the drug business now owned by me, or any interest I may still have therein at
<br />the time of my death, shall be sold by my Executrix as soon as can conveniently be done on such
<br />terms and conditions as she deems best, without leave from any Court for that purpose. If the
<br />person named herein as Executrix shall predecease me, or shill not qualify or be acting as such
<br />when such sale is being consummated, leave shall first be obtained from the Court having juris-
<br />diction herein after such notice as the Court deems necessary has been given to all heirs or
<br />devisees.
<br />THIRD.
<br />All personal property remaining after payment of the items set forth in the First paragraph
<br />and including proceeds from the sale of my drug tipsiness or my interest therein, shall be divided
<br />equally between my beloved wife, Bertha Bowen, and my beloved daughter, Harriett Bost; Provided,
<br />that if either should. predecease me, the share such deceased heir would have received if living
<br />shall be placed in trust in equal shares for the use and benefit of my granddaughters, Judith
<br />Ann Bost and Jane Bost, or the survivor of them, until they each attain the age of twenty -one,
<br />and if any portion of either principal or accrued interest shall be required for the necessities
<br />of life or education of either, such ;portions as may be necessary shall be permitted to be used
<br />for si.ich purposes upon application made to the Court having jurisdiction of the trust and proper
<br />showing made of such necessity existing.
<br />FOURTH.
<br />I give, devise and bequeath all real estate of which I die seized
<br />- PAGE ONE -
<br />whether now owned by me or hereafter acquired, and wheresoever situated, one -half to my beloved
<br />wife, Bertha Bowen, to have and to hold the same forever, and one -half to my beloved daughter,
<br />Harriett Bost, they to share all net income jointly with full management of all real estate held
<br />jointly in my wife Bertha Bowen so--long as she lives; Provided, further, that my daughter,
<br />Harriett Bost, shall not have power to sell, dispose of or in any way alienate her onet,-,half
<br />interest therein until she attains the age of forty years, which restriction shall not apply
<br />to provisions herein for participation in net income from said properties, and provided further
<br />that in the event she does not attain the age of forty years her undivided one -half interest in
<br />such real estate shall not lapse but shall immediately pass and descend to her daughters, Judith
<br />Ann Bost and Jane Bost and any other heirs of her body born to her subsequent to execution of
<br />this instrument, or the survivors of them, share and share alike, absolutely.
<br />FIFTH.
<br />I name, nominate and appoint my wife, Bertha. Bowen, to be the Executrix of this, my Last
<br />Will and Testament, and request that she be not required to furnish surety on her official bond
<br />as such.
<br />IN TESTIMONY WHEREOF, I have hereunto set my hand this 6th day of January, 1942.
<br />(Signed) Homer Bowen
<br />We, whose names are hereto subscribed, do hereby certify that Homer Bowen, the Testator,
<br />signed his name to the foregoing instrument, in our presence and in the presence of each of us,
<br />and he, at the same time, declared the said instrument to be his Last Will and Testament and we,
<br />at his request and in his presence and in the presence of each other did sign our names as attest -
<br />ing witnesses.
<br />Signed Prue Winchester
<br />Of Grand Island.Nebraska.
<br />_(Signed) A. J. Luebs
<br />Of Grand Island, Nebraska.
<br />PAGE TWO
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<br />STATE OF NEBRASKA )ss. CERTIFICATE OF PROBATE OF WILL.
<br />HALL COUNTY )
<br />At a Session of the County Court held in the County Court Room in Grand Island, in said
<br />County, on the 25th dgy of August, A.D. 1943-
<br />Present Paul N.Kirk
<br />County Judge
<br />In the Matter of the Estate of
<br />Homer Bowen Deceased.
<br />I, Paul .Kirk, Judge of the County Court, in and for said County, do hereby certify that on
<br />the 28th day of -July, 1943, the instrument purporting to be the last l.Jill and testament of Homer
<br />Bowen deceased, was filed for probate in this Court. That on the 25th day of August, 1943, said
<br />Instrument to which this certificate is attached was duly proved, probated and allowed as the
<br />last will and testament of the real and personal estate of said Homer Bowen deceased, and the
<br />same was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Court,
<br />this 25th day of August, 1943. Paul N.Kirk
<br />(SEAL) County Judge
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