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<br /> ��� I��
<br /> NO. 9 HALL COUNTY !�
<br /> �
<br /> h ��
<br /> LAST WILL AND TESTAP,�ENT
<br /> LAST WILL Al�?D TESTA�°ENT
<br /> OF
<br /> CHARLES B. iiODESITT.
<br /> IN fiHE NAr�IE OF GOD, AMEN.
<br /> I, Charles B. �lodesitt, of Grand Island, Hall �ounty, Nebraska, being of sound and disposing
<br /> mind and memory, anc� considering the uneertainty of this mortal life, do hereby make, publish and
<br /> declare this �.s a.nd f'or my last will and testament in the manner and form following, that is to say:
<br /> FIRST
<br /> I direct that my funeral expenses, the ex�enses of my last sickness and all of my ,just debts
<br /> be paid out of my personal property as soon a�ter my decease as conveniently may be.
<br /> SECOND
<br /> I give, devise and bequeath unto my beloved wife, Nettie r�odesitt, my residence property
<br /> situate on Lot Eight (�) , Block One Hundred Eighteen (11�) , of Railroad Addition to the City of
<br /> Grand Island, Nebraska, also known as 904 T^lest Second Street, in the said city oP Grand Island,
<br /> Nebraska, to have and to hold for and during her natural life zaith remainder over to my grand-
<br /> children Kathleen Modesitt, Eugene I��qodesitt, Leland I�iodesltt and Carline M�desitt in equal shares
<br /> in fee simple, provided, hoi�rever, that if my said wife remarry after my death, then and in that
<br /> event her said life estate is to ter�inate upon such remarriage a.nd my said grandchildren .
<br /> Kathleen P4odesitt, Eugene t�Iodesitt, Leland P�odesitt and Carline Modesitt are to receive the full
<br /> estate at said time. The intention being to�my said wife the income, use and profits of my said
<br /> residence property for life and an unc�ivided one-fourth (�) interest in the fee simple title to said
<br /> premises is to go to K�,thleen Modesitt, Eugene Modesitt, Leland Modesitt and Carline Modesitt,
<br /> reapectively, sub,�ect to said life estate. If, hoT.,rever, my wife remarry, then u�-
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<br /> such remaxriage her life esta�e shall become f'orPeited and ti�e absolute title to said premises
<br /> vest immediately in my said grandchildren.
<br /> I further give, devise and bequeath unto m said wife the East Half of the Southeast (F2SE�)
<br /> Quarter of Section Tsaelve (12), Townahip Ten (10� North, Range Eleven (11) West of' the 6th P.M. ;
<br /> also the East Half of the N�rtheast (E2NE�) Quarter oP Section Thirteen (13) , Totianship Ten (10)
<br /> North, Ra,nge Eleven (11) «est of the 6th P.M. , except the three (3) acre .strip off the south corner
<br /> thereof already sold by me to Anc�y Wilkinson, all of said property being in Hall County, Nebraska,
<br /> to have and to her and iier neirs f'orever. Tne above devises to my wife are in lieu of dower or
<br /> any statutory interest si�e may have in and to my property because of our marriage relationship.
<br /> THIRD
<br /> I �;ive, devise and bequeath to my son, Hubert Modesitt, the Northwest (N� ) Quarter oP
<br /> Section Thirty-six (36) , '�ownship Eleven (11) North, Range Eleven (11) �lest oP the 6th P. M. in �.
<br /> Hall County, Nebraska, to have and to hold the same to him ana his heirs fore.ver in fee simple.
<br /> I further give, devise and bequeath unto my said son, the aforenamed Hubert Modesitt, the
<br /> sum of Six Hundred (�600.00) �ollars in casn to be paid to him out of r�y personal estate.
<br /> FOUR TH
<br /> I give devise and bequeath unto my granddaughter Kathleen Modesitt the North Ha1f of the
<br /> Soutn.east (Ni SE4) Quarter a.nd the Southeast Quarter of tne Southeast ( SE�SE4) Qu�.rter all in
<br /> Section Two �2) , lownship `l�en (10) North; Range Eleven (11) West of tne �th P.M. in Hall County,
<br /> Ne�raska, to have <�.nd to hold the same to her and her heirs forever in fee simple.
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<br /> FIFTH
<br /> I �;ive, devise and bequeath unto my son, Carl Modesitt the Southwest (S!d4) Quarter of Section
<br /> Thirty-six (36) , Tot�rnshin Eleven (11) North, Range Eleven (11) ?aest o.f the 6th P.M. in Hall County,
<br /> Nebraska, to have and to hold to him and his heirs foraver in fee simple.
<br /> SIXTH
<br /> I give, devise and bequea.th to my three �3) gra,ndenildren Eugene Modesitt, Lel�nd I�odesitt,
<br /> and Carline I•Zodesit.t, children of my son Carl A4odesitt the sum of Three Hundred (�300.00) Dollars
<br /> each to be ��.id to t'��em out of my per�onal estate.
<br /> SEVENTH
<br /> I hereby authorize and direct that my executor, hPreinafter named, shall dispose of all my
<br /> h r of b nk st k in the C mm�rci 1 St t B nk of Gr nd Island ilebraska• also in the Commercial
<br /> s a e �, oc o a a e a a ,
<br /> ,
<br /> Bank of Gr�,nd Isl�.nd, TJebraska, and the proceeds therefrom shall be dis�osed of by me in the
<br /> residuary clause of this my la.st will and testament.
<br /> EIG�iTH
<br /> All the rest, residue and remainder of my said property, real, personal or mixed, which I
<br /> now ha.ve or may hereafter acquire, and whereever situate I give, devise and bequeath unto my
<br /> beloved wife, Nettie Modesitt, to have and to hold absolutely and forever.
<br /> NINTH.
<br /> I nereby name, nominate and ar�point my son Carl Modesitt to be executor of this my last will
<br /> and .testament, to serve without 'oeing required to �ive bond a.nd to act �srithout receiving
<br /> compensation f'or such services, hereby revoking an;� and all former ��Tills and tes'�aments by me made.
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<br /> In T�ritness ?ahereof I h�,ve hereunto subscribed my name separately on ea�h of the four sheets
<br /> of this Will and Testament, at Grand Tsland, Hall County, i�ebraska, this 12th day of Oo��c�ber, 193�-
<br /> Charles B I�iodesitt
<br /> TESTATOR
<br /> ?+Je, T�rhose n�es are �lereunto subseribed, do hereby certify and attest t1�at Charles B. Modesitt,
<br /> the testator, subscribe@ his name to this instrument consisting of four typewritten pages in our
<br /> presence and in the presence of each of us, and declared at the same time in our presence and
<br /> hearing th��.t this instrument was his Last '�dill and Testament, and we at his request sign our names
<br /> hereto in his presence and in the presence of eacn other as witneases.
<br /> Cora Hanover Grand Island, Nebr
<br /> N�� Addr e s s
<br /> t�Tm P Mullen Grand Island, Nebr.
<br /> Name Address
<br /> �me Address
<br /> ENDORSEP�2ET�T: L.AST ?dILL AND T�STAMENT
<br /> OF
<br /> CHARLES B. MODESITT
<br /> DATED: October 12, 193�
<br /> Executor: Carl Modesitt. .
<br /> HALL COUNTY, �tEBRA.SKA F I L E D DEC 7 19�l-2 Paul N. Kir�i COUNTY JUDGE
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