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<br /> NO. 9 HALL COUNTY
<br /> liv3ng a'� the �ermina�ion of the trust and the principal of the trust egtate in personai property,
<br /> the proceeds of the saie of real estate invested in securities for the trust estate, if a�ty, and
<br /> the income accrued therefrom sha11 be distributed or sold and the proceeds distributed to the �ame
<br /> person or �ersons by the trustee and in the same proportions as above provided for the reaZ estate,Pa.ge
<br /> provided if on the �Germination of the trust �here be a minor descendant or descencla.nts oY any de- 5.
<br /> eeased child of my grandson entitled to participate in the distribution of my personal estate, his
<br /> or her share shall be paid or delivered only �o duly appointed guardian of his or her e9tate.
<br /> ITEM SIX.
<br /> I�', upon the death of the survivor of Rex E. Havens and Rex C. Havens, there shall be no
<br /> descendant of Rex C. Havens living, all the �rust estate, both real and personal and the accrued
<br /> income therefrom shall go to and b� divided among my eolla�eral heirs by representation, the
<br /> deseendant or descendants of any deceased brother or sister to stand in the place of the parent
<br /> and take the share the parent would have taken if living at tha�. time.
<br /> ITEM SEVEN. c,a
<br /> The �rust estate and income therefrom shall go to, and be paid only to the beneficiary or v
<br /> beneficiaries as herein provided on his or her personal receipt and no beneficiary under this wi11.
<br /> nor all acting together shall have the right or power to assign, alienate, dispose oP, anticipate,
<br /> or, in any way, encumber or ereate a lien or charge upon the property or income to which he, or
<br /> she is entitled to under the provisions of this will or if he or she shall. become bankrup� or make
<br /> any assignmen'G for the benefit of creditars or if said property or income aha11 in any way be
<br /> attaehed, garnisheed, diverted, seized or sequestered or an attempt shall be made to attach, divert,
<br /> �eize, garnishee or sequester the same by any legal process, then my trustee may immediately cease
<br /> to pay the same to said beneficiary and may thereaf�er apply such part or even the whole thereof,
<br /> as to the trustee may seem wise, for his or her support and maintenance and said trust es�ate
<br /> shall not be sold on partition or other �udicial sale whether voluntary .or involun'�ary.
<br /> ITEM EIGHT.
<br /> I authorize and empower my trustee to invest and reinvest any and all proceeds from the sale
<br /> of any real. estate reeeived by 3.t during the term of the trus� and other moneys received by 3.t as
<br /> principal for the trust fund in investments that are of a character permitted for trustees � in- Page
<br /> vestmen�s under the laws of Nebraska, provided that my trus�ee, with the consent of the adul� 6.
<br /> beneficiary or beneficiaries then enti�led to receive tne income from the trust estate, may inv�s�
<br /> and reinves'� the sam�e ;.in such real or personal property as '�hey in their ,�oint discretion may:be
<br /> deemed in the beat interest of my es�ate, although �he same may not be of '�he character permitted
<br /> f'or trus�ees � investments by the laws of Nebraska.
<br /> TTEM NINE.
<br /> I provide that the trustee sha11 not be required to give bond or surety as such and in the
<br /> event said First National Bank is for any reason unable to act as trustee, I nominat� and appoint
<br /> th� Commercial National Bank of Grand Tsland, Nebraska as suecessor trustee in ita stead,
<br /> TTEM TEN.
<br /> The payment and distribution of the net income from the trust estate sha11 be made quarter
<br /> annually by the trustee to the ben�ficiary or beneficiaries or person or persons entitled under
<br /> this will to receive �he same and remittance may be sent by mail addressed to the last address �
<br /> left by the beneficiary or person en�itled thereto with the trustee. And if any net proceeds of •
<br /> any real estate sold or other moneys are invested for the principal or the trust estate or if a,ny
<br /> securities in �he trust estate axe sold and the proceeds reinvested, the trustee shall report the
<br /> investmen�s '�o the person flr persons entitled to receive �he n+�� ineome therefrom but the truetee
<br /> sha11 not be required to f�.le any repor'� on the trust estate with any court or �udge.
<br /> ITEM ELEVEN.
<br /> I appoint my son, Rex E. Havens, executor of '�his will and in the event of his death or refusal
<br /> to ac'�, I appoint my grandson, Rex C. Havens executor in his stead and if both should die be�ore
<br /> me or be unable to act, I appoint �Ghe Firs'� National Bank of Grand Island, Nebraska as exeautor of
<br /> '�his w311 and I provide tha� the executvr ahall not be required to give bond or aurety as such. I
<br /> direc'� that a11 inheritance, estate or suecession taxes upon all legacies or devises contained in
<br /> this will, �.f any, sha11. be paid by my executor ou:t of the personal property and if insufficient Page
<br /> from the ne� real estate ren�al�. , by the trustee. I prov3.de that my executor may sell and dispose7.
<br /> of any and all personal property of which I dis possessed wi�hout any order f'rom any court or �judge
<br /> at such times and for such prices as to my executor may seem fit.
<br /> In witness whereof, I have hereun'�o set my hand to this, my last will and testament, in
<br /> triplica�e, this 23r d day of November, 1945 at arand Island, Nebraska and I provide that any of
<br /> the tr3.plicate copies may be probated.
<br /> Charles C. Havena
<br /> The foregoing ins�rument, compr3.sing seven typewritten pages, this one included, was subscribed,
<br /> publiahed and declared by Charles C. Havens, the testator above named, in triplicate, as and for his
<br /> last will and 'Gestament in our presence and' �:n the presenee of each of us and we, at th� same �ime,
<br /> at his request, in his presence and in the pre5ence of each o�her, hereunto subscribe our names and
<br /> residences a� a�testing witnesses in triplicate this 23rd day of November, �9�+5.
<br /> A. G. Abbott of Grand Island, Nebraska.
<br /> '�iola Bowers of Grand Island, Nebraska.
<br /> ENDORSEMENTs LAST WILL AND TESTAMENT OF CHARLES C. HAVENS, 522 WEST SECOND STREET,QRAND ISLATJD,
<br /> IJEBRASKA.
<br /> HALL COUNTY, NEBRASKA F Z L E D JUN 1 19�-� CHARLES BOSSERT COUNTY' JUDGE
<br /> s
<br /> TATE OF N B SKA
<br />, E RA
<br /> �ss• CERTIFICATE OF PROBATE OF WILL
<br /> HALL COUNTY )
<br /> . At a Session of the Caunty Court held in the County Court Room in Grand Island, in said County,
<br /> on the l��h day of June A.D. , 19�-�
<br /> In the Niatter of the Estate of 1'resent Charles Bossert County Juc"I�e
<br /> Charles C. Havens , Deceased
<br /> I, Charles Bosser�, Judge of the Coun�y Court, in and for said County, do hereby certify �hat
<br /> on the lst day of June 19�-5, the instrument purporting to be the last will a,nd tes�Gament of Charles
<br /> C. Havens deceased, was filed for probate in this Court. That on the l�th day oP June 19��, aaid
<br /> instrument to whieh this certificate is attached was duly proved, probated and all.owed as the last
<br /> wil� and tes�ament of the real and personal estate of sa�.d Charles C. Havens deceased, and the sam�g
<br /> was ordered to bc recorded in the records of the Court aforesaid.
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