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ta <br />WILL AND DECREE RECORD <br />26081 —The Augustine Co., Grand Island, Nebr. <br />institution as my best care for his needs. <br />I desire to make it clear that I am concerned about the.care of my son Leo as long as he lives <br />and I entrust this care to my sons William and Henry, having full faith that they will give him <br />the best care and attention possible and that they will permit thim to make his home with one or <br />the other of them. <br />During the time that my said son Leo makes.his home with either of my sons William or Henry, I <br />desire that the son so providing a home for .him be paid a reasonable compensation for such ser- <br />vice by the guardian of my son Leo, but such compens#tion shall not in any year exceed the income <br />from the real estate of which my son Leo is Herein given the life use. <br />8. I hereby nominate and appoint my son Henry Duennermann as executor of this, my last Will <br />and Testament, and request that he be permitted to qualify without furnishing sureties on his <br />official bond and I hereby revoke any and all former Wills by me made. <br />Done at Grand Island, Nebraska, t1ais First day of November, 1933. <br />/s/ Henry Duennerman, Sr. <br />Testator <br />We whose names are hereunto subscribed do hereby certify that this instrument consisting o*Pour <br />rages, was signed by Henry Duennermann, the testator, in our presence and in the presence of each <br />of us and at the same time in our presence and hearing, he declared the same to be his last Will <br />and Testament and we, at his request, and in his presence and in the presence of each other, sign <br />our names hereto as witnesses. <br />/s/ Jessie L. Overdorff /s/ Herbert F. Mayer <br />/s j E. G. Kroger <br />HALL COUNTY, NEBRASKA F.".I L E D FEB 4 19+6 CHARLES BOSSERT COUNTY JUDGE. <br />COD 12,1& TO THE : ILAU WILL AND. TESUMENT g <br />HENRY DU ENN EMaANN <br />I, Henry Duennermann, of Hall County, Nebraska, do hereby make, publish and declare this to be <br />a codicil to the last will and testament heretofore made, signed, sealed, published, declared and <br />executed by me, and bearing date of November 11 1933, that is to say: <br />1. <br />i „hereby revoke, cancel and annul the legacy and bequest provided for my two daughters, Mary <br />Riss and Anna Mueller, and the children of my deceased daughter, Minnie Soeth, in Paragraph VI of <br />said last will and testament. <br />II. <br />I hereby amend and modify Paragraph VI of my aforesaid last will and testament so that the same <br />shall now read as Follows: <br />"I give, devise and bequeath unto my beloved son, Leo, all the real estate I die seized of, to <br />have and to Bold for and during his natural life, with remainder over to' my children, Mary Riss <br />and Anna Mueller, daughters, William Duennermann and Henry Duennermann, sons, to each an undivided <br />one -fifth thereof, and to Rudolph Soeth and Harry Soeth, grandsons, children of my deceased <br />daughter, Minnie Soeth, to each an undivided one -tenth thereof, subject, however, to the following <br />conditions: Should it be necessary, for the purpose of raising Funds to care for my asaid eon, <br />Leo, during his lifetime, I hereby expressly authorize and instruct the guardian of sy s xad son, <br />Leo, to sell my home, consisting of about three and one -half acres described as Lot l on Island <br />on the South Bang of the North channel of the Platte River in Section 12, Township 11, Range 9, <br />West of the 6th P. M., Hall County, Nebraska, and I hereby expressly authorize such sale by said <br />guardian without his having obtained a license or order from any Court or Judge, and ratify and <br />confirm any sale made by such guardian, and the proceeds from such sale are to be handled the <br />same by said guardian as any other personal property coming into his hands as guardian. <br />I further, and in addition to the foregoing provision in favor of my said son, Leo, give'sad <br />bequeath unto my said son, Leo, all the rest, residue and remainder of my personal property, to <br />have and to hold for and during his natural life, with the right and privilege of using the <br />corpus of said property whenever it may be necessary for the proper`; care and support of my said <br />son, Leo, and any residue remaining after the death of my said son, Leo, I give and bequeath to <br />my said children, Mary Riss and Anna Mueller, daughters, William Duennermann and Henry D%ennermann, <br />sons, to each an undivided one - fifth thereof, and to my said grandsons, Rudolph Soeth and Harry <br />Soeth, to each an undivided one -tenth thereof.” <br />III. <br />In the event any of the beneficiaries named in my said last will and testament and this codicial, <br />shall die prior to my death, leaving lawful issue him or her surviving, then I give, devise and <br />bequeath to such lawful issue of the deceased beneficiary or beneficiaries, the part and portion <br />of my estate which the said beneficiary or beneficiaries would have taken and received hereunder, <br />equally, share and share alike. <br />IV. <br />In the event either of the beneficiaries, Rudolph Soeth and Harry Soeth, named in my last will <br />and testament and this codicil, shall die prior to my death, leaving no lawful issue, then I give, <br />devise and bequeath to the surviving beneficiary the part and portionof my estate which said <br />deceased beneficiary would have taken and received. <br />V. <br />In the event both of said beneficiaries, Rudolph Soeth and Harry Soeth, shall die prior to my <br />death, leaving surviving no lawful issue, then the legacy and device given and granted in my said <br />last will and testament and this codicil to such beneficiaries, shall lapse, and the legacy and <br />devise so lapsing or failing; shall go to my children or their lawful issue, equally, share and <br />shatb alike, such lawful issue taking the share of their parent, equally, as provided in Para- <br />graph II hereof. <br />VI. <br />I hereby modify and amend my aforesaid last will and testament in accordance with the pro- <br />visions of this codicil, and as Hereby and herein modified, amended and extended, I do hereby <br />confirm, ratify, redeclare and republish my aforesaid last will and testament. <br />IN 1 ITNESS WHEREOF I have hereunto subscribed my name this 10th day of Idarch, A. D., 1938, at <br />Grand Island, Nebraska. <br />/s/ Henry Duennermann, 8r. <br />1 <br />E <br />