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657 <br />Article EIGHTH hereinafter provided. <br />EIGHTH: I give,devise and bequeath all of the rest,residue and remainder of my estate,not other - <br />wise0sposed of,both real and personal,wherever situated,including all lapsed and failed legacies <br />- devises,hereinafter termed the "trust estate ",unto my Executors and Trustees (and their successors <br />in trust as herein provided),under this my Last Will and Testament,but in trust for the use and <br />benefit of my niece,MAURINE HEATH WILSON DONAHUE,and the then living heirs of <br />George Tuttle Wilson. <br />_ 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 mon- <br />eys available therefor; and, as hereinafter provided, to pay, accumthlate, use or apply the income, and <br />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 the <br />net income therefrom shall be paid quarterly to my said fiiece,MAURINE HEATH WILSON DONAHUE,and to <br />the then living heirs of her body,in equal shares,share and share alike,In the event 6f the death <br />of my said niece,MAURINE HEATH WILSON DONAHUE,before the expiration of said ten (10) year period, <br />then and in such event her share of the net income from said trust estate shall be paid by said <br />Trustees to or for the use and benefit of my niece,ROXANA SHOLL LEWIS,and my nephew,GEORGE EMIL <br />WILSON,share and share alike,or the survivor thereof.Baid trust estate shall terminate ten (10) <br />years after my death and one -third (113) of said trust estate shall thereupon go to and become <br />the absolute property of my said niece MAURINE HEATH WILSON DONAHUE if she is then living,and if <br />not,then to the then living heirs of her body,share and share alike.If said trust estate shall <br />terminate while my niece,ROXANA SHOLL LEWIS shall then be living,one -third (113) of said tr•.uAt <br />estate shall thereupon go to and become the absolute property of my said niece,ROXANA SHOLL LEWIS, <br />-but if she shall not be living at the time of the termination of this trust,then and in that event <br />said one -third (113) which would otherwise go to her in the event that she were living,shall be <br />divided equally between MAURINE HEATH WILSON DONAHUE and GEORGE EMIL WILSON,8r±`Chd heird dr thblil <br />bodies as herein provided-At the time of the termination of this trust,the remaining one -third <br />(113) o,,f the said trust estate shall go to and become the absolute property of my said nephew <br />GEORGE EMIL WILSON if he is then living and if not,then to the heirs of his b dy then living,share <br />and share alike.In the event of the death of either said MAURINE HEATH WILSONPONAHUE or GEORGE <br />EMIL WILSON before the termination of the trust herein provided for,leaving no heirs of their <br />bodies then surviving them,then and in such case the share of the niece or nephew which shall be <br />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 the <br />said ten (10) year period,neither MAURINE HEATH WILSON DONAHUE or GEORGE EMIL WILSON be then sur- <br />viving and there be no then living issue of either of their bodies then surviving,th en and in such <br />event said trust estate shall,on the termination of the trust hereby created,be divided among my <br />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 ebraska, <br />y a ppoint A.M.TILLMAN,now President of the First National Bank of Hooper „FLEE HUFF, <br />SR.) of Omaha, Nebraska, and J. MACK SHOLL LEWIS and W. E. ZIEGLER, both of Los Angeles, California, <br />or the survivorsof them,as the Executors and Trustees under this,my last Will and Testament,provid - <br />ed,however,that the said W.E.ZIEGLER shall not act as Co- Executor or Trustee unless and until he <br />shall file with the Clerk of the Superior Court of the State of California,in and for the County <br />of Los Angeles,a statement in writing that he will act as tax counsellor and advisor concerning <br />all taxes claimed due by my estate,or from any trust created herein,and agrees that'such services <br />shall be without charge to the estate,except such fees as he may receive as an Executor of Trustee <br />hereunder,which fees in no event shall be greater than those received by any other duly qualified <br />and acting Executor or Trustee hereunder. <br />(a) 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 <br />company,in such form and amount as shall be approved by the Superior Court of the State of Californ- <br />ia,in and for the County of Los Angeles;provided,however,that apy premium or charge for such bond <br />shall be a charge upon my estate and the revenues therefrom. <br />George Tuttle Wilson. <br />7- <br />(b) The Trustees of all trust created under this Will shall limit their investments to trust funds <br />to United States Government Bonds and to Municipal Bonds graded 3 A. <br />(c) All Executors and Trustees of Trusts created by this Will shall receive such reasonable compen- <br />sation for their services to be performed by them as such Executors and Trustees as the Superior <br />Court of the County of Los Angeles,State of California,shall determine they are entitled to.In the <br />event that all the Executors and /or Trustees shall be dead,unwilling,or for any reason fail to <br />qualify or to act as such Executor and /or Trustee as provided for in this Will,or if it shall become <br />necessary to prevent waste or for the best interests of the heirs and the estate,then and in such <br />event some proper and suitable person or persons (not a bank or a trust company) shall be appointed <br />by the Superior Court of the State of California,in and for County of Los Angeles,to act as-Execut- <br />or 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 <br />State of California in and for the County of Los Angeles,together with a general report of their <br />handling and management of all the trust property in their possession. <br />(e) To carry out the express purposes of this trust,and in aid df its execution and the proper <br />administration,management and disposition of the trust estatelTrustees are vested with the follow- <br />ing additional powers and discretions: <br />l.To retain any property and to continue and operate any business which it may receive hereunder, <br />as long as in their discretion they may deem it advisable or expedient. <br />