59-63
<br />4.
<br />I give and devise tom beloved daughter, Martha Christina Porth Toben:
<br />The Northwest Quarter (yNW4) of Section 21, Township 9 North,Range 10 West of the 6th P.M.
<br />Hall County, Nebraska. except six acres in the southwest corner of said Northwest Quarter (NWJ),
<br />on which is located buildings and improvements,
<br />and I also give and devise to my said daughter, Martha Christina Porth Toben:
<br />The North Half of the Southwest Quarter (N2SWJ) of Section 22, Township 9 North,Range 10 West
<br />of the 6th P.M., in Hall County, Nebraska,
<br />subject to the life estate hereinbefore devised therein to my wife, absolutely to have and to hold
<br />the same forever.
<br />I give and devise to m beloved daughter, Mabel Porth Jones;
<br />The Southwest Quarter (ySWU of Section 21, Township 9 North,Range 10 West of the 6th P.M. in
<br />Hall County, Nebraska, and six acres in the southwest corner of the Northwest Quarter (N.W.J) of
<br />said section 21, together with the buildings located thereon.
<br />The South Half of the Southwest Quarter (S2SWU of Section 22, Township 9, North,Range 10 West
<br />of the 6th P.M. in Hall County, Nebraska, subject to the life estate of my wife hereinbefore
<br />devised to her in and to said South Half of the Southwest Quarter (S2SWJ) of said Section 22,
<br />absolutely to have and to hold the same forever.
<br />6.
<br />All the rest, residue and remainder of my estate, both real and personal, I direct my executor
<br />hereinafter named, to dreduce to cash as soon after my death as it can conveniently be done without
<br />uncessary injury to my estate, and for that purpose I hereby expressly authorize and empower my
<br />executor to sell said property, either real or personal, without having first obtained an order or
<br />license from any court or judge, and at either public or private sale, upon such terms as his
<br />judgement shall seem proper, and to execute and deliver all necessary deeds, conveyances and bills
<br />of sale in connection therewith, and I hereby ratify and approve any act of my executor in so
<br />reducing my estate to cash.
<br />When my estate has been reduced to cash as herein provided, and any debts owing by me at the
<br />time of my death, including the expense of my last illness, a marker for my grave similar to that
<br />erected for my wife, the expenses of administering my estate, and the payment of the ; .egacy of
<br />$800.00 to my wife, as hereinbefore provided, have been paid, the sum then remaining `shall be
<br />divided into three equal parts, and I hereby give and bequeath to my children, Martha Porth Toben,
<br />Mabel Porth Jones, and Maynard Charles Porth, each one of said parts, or one -third thereof, absolutely
<br />to have and to hold the same forever.
<br />7.
<br />I hereb,'� constitute and appoint my son, Maynard Charles Porth, executor of this my last will
<br />and testament, and I hereby revoke any former wills or testamentary dispositions at any time here-
<br />tofore made, and I hereby declare that this is my last will and testament.
<br />IN WITNESS WHEREOF, I have hereto set my hand to this my last will and - testament at Hastings,
<br />Nebraska, this 15th day of August, 1939•
<br />(signed) Charles A.Porth
<br />Subscribed, published and declared by Charles A.Porth of Hastings, Nebraska, as and for his
<br />last will and testament in our presence and hearing, and in the presence and hearing of each of us,
<br />and we at the same time, at his request and in his presence and hearing, and in the presence and
<br />hearing of each other, have hereunto subscribed our names as attesting witnesses to.this, the last
<br />will and testament of the said Charles A.Porth, and we certify that at said time said Charles A.
<br />Porth was of sound mind and free from restraint.
<br />(signed P.E.Boslaugh Hastings, Adams County, Nebraska.
<br />(signedl Alice Shaneyfelt Hastings, Adams County, Nebraska"
<br />"CERTIFICATE OF PROBATE
<br />The State of Nebraska ) -
<br />Adams County )ss
<br />At a session of the County Court, held in and for said County, at the County Court Room in
<br />Hastings, on this 23rd day of August, A.D. 1944.
<br />Present,W.Halsey Bohlke,County Judge:
<br />IN THE MATTER OF THE ESTATE OF )
<br />Charles A.Porth, )
<br />Deceased. )
<br />I. W. Halse;T Bohlke, County Judge, in and for said County, do hereby certify that on this 23rd
<br />day of August, A.D. 1944, the instrument purporting to be the last will and testament of the said
<br />Charles A.Porth, deceased, which was filed in this Court, on the 5th day of August, A.D. 1944, and
<br />being the instrument to which this is annexed, was duly proved, approved, probated and allowed, as
<br />the last will and testament of the said Charles A.Porth,deceased, in and for the State of Nebraska;
<br />and it was ordered to be recorded in the records of the County Court aforesaid.
<br />IN WITNESS WHEREOF, I have hereunto set my hand, and the Seal of said County Court at Hastings,
<br />this 23rd day of August, A.D. 1944.
<br />(SEAL) W.Halsey Bohlke
<br />Judge of the County Court"
<br />That the deceased left surviving him as his heirs at law and next of kin, and beneficiaries and
<br />persons entitled to his estate, the following:
<br />Myrtle E.Porth- - widow
<br />Martha Christina Porth Toben - daughter
<br />Mabel Porth Jones - daughter
<br />Maynard Charles Porth - son
<br />That on the same date, August 23, 1944, upon said Will being admitted to probate, your petitioner
<br />Maynard C.Porth became, and has continued to be the duly appointed, qualified and acting executor
<br />of the estate of said deceased, and as such he has in all things complied -with the law and the orders
<br />of the court; that his final report on file is correct and in all things approved and allowed; and
<br />that the all-egations of his petition for final distribution are true.
<br />That the petitioner, executor herein, has received from the sale of the residence property in
<br />the City of Hastings, authoriped by Will of the deceased, and from all other sources, the total sum
<br />of $10,790.50, and that he has expended in the payment of debts, legacies, and costs of administra-
<br />tion, the total sum of 43,878-99,-and that he has on hand for distribution, to be made in accordance
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