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<br /> ��;�_�
<br /> WILL AND DECREE RECORD
<br /> 28081—The Auguatine Co., Grand Ieland, Nebr.
<br />'� F IRST
<br /> T direc� that my executrix hereinafter named sha.11 pay all of my �ust debts, e ,�enses of
<br /> last il3ness and funeral expen�es as soon after my decease as can conveniently be done. .
<br /> SEC OND
<br /> I give and bequeath to my dau�hter, Colleen Mae Luth, my diamond ring and �o my wife,
<br /> Margaret E. Luth, if she survives me and to my daughter, Colleen Mae Luth� each an und�,vided
<br /> one-half intereat in the business now oti,med and opera'�ed b� me at 386 North Wa1nu� Stree�, known
<br /> ,�s Luth� � Tavern. A1.1 other personal. r�roperty owned by me at the time of my death, T give and
<br /> bequeath to my wife, Margaret A. Luth, in the event she survives me., and in addition thereto,
<br /> �he use and income of al� real estate ownsd by m� a� th� time. of my death for so l.ong as she
<br /> lives or until she remarriea, she to pay the taxes, insurance and a11 maintenance thereon during
<br /> -the period of her interest therein as herein provided. In the event my wife remarri�s,, then the
<br /> interest herein given to her in the farm de�cribed aa the Northwest Quarter (NW�) and �Ghe I�or�h
<br /> Half of the Southeast Quarter (N'�SE�) and one square rod in the northeast corner of the Southwes'�
<br /> Quar�er (SW�) of Section Eight (8) , and Lot Seven (7) in Sec�ion Nine (9) , all in Township
<br /> Thirteen (13) , Range Ten (10) , West of �he 6th P.M. , Howard County, Nebraska, and 3.n the proper'�y
<br /> located in Grand Island described a� the westerly �1.8 feet of Lot Six (6) , Block Fifteen (1�) ,
<br /> Russel. Wheeler Addition to �r�e Ci�y of Grand Island, Hall Coun�y, Nebraska, sha11 �erminate and
<br /> �he �ha1.l �hen became ve��ed only with an und�.vided one-half in�eregt in the real es�ate in this
<br /> paragraPh described and located in Grand Island, Ha,1.1 Coun�y, Nebraska.
<br /> THZRD
<br /> In the even� my wife does not survive me or in the event her dea.th should occur within
<br /> n3.nety days after my dea'�h as a result of a csommon accident in which bo�;h of us are involved and
<br /> resulting in our dea'�hs, '�hen� and in that event all of my estate, both reas. estat� and persanal
<br /> property, sha11 pass and descend �o my daugh�er, Colleen
<br /> . . Henry C. Luth
<br /> Mae Luth. Sf my wife survives me and does not remarry, then upon hEr death aIl of the real estate
<br /> owned by m� and in which my w�.fe -received a life interest shall pass and deacend �o my daughter,
<br /> Col3een Mae Lu�h. If my w�.fe survive� me bu'� remarries, thereby term3.nating her i,n�srest in th�
<br /> real esta'�e hereinabave deseribed and thu� receiving only one-ha,1.f �.nterest in the real estate
<br /> in the preced3.ng paragra�h described and located in Grand Island, Iiall County, Nebraska, a1]. of
<br /> my interest in the real estate 1.ocated in Howard Coun�y, �iebraska, and the remaining one-half
<br /> int�res� in the rea1. estate located in Grand Island, Ha1.1 County, Nebraska, as her�inabove
<br /> deseribed shall immedia��ly �ass and desaend to my daughter, Colleen Mae Luth. I further provide
<br /> that my dau�;hter sha,ll not, in any way, �ell, convey, mortgage or a.li�nate her in�er�.st 3.n �he
<br /> rea,l es'�ate located in Howard Cour�ty, Nebraska, a9 hereinabove deseribed un�il af��r, �he ha�
<br /> attained the age of thir�y-f ive years.
<br /> F OUBTH -
<br /> In �he event my daughter, Colleen Mae Luth, takes any property, eitner real es�ate or
<br /> personal property, under the provisions of this Will b�f ore she attains tne a.ge of twenty-five
<br /> years, then the court having �ur3.sdiction in the matter shall appoint a suitable person to be �
<br /> selee'�ed by �he court as guardian and trus'�ee for my daughter, which guardian and trus'�e� shall
<br /> take full charge and control of all property in which she reeeives an interest, and shall manage
<br /> and_ eontrol the same for the benefit of my daughter under proper supervision of the court. Out
<br /> of the income received and af'ter payment of expenses incid�nta3 '�hereto, .the guardian and trus'�ee
<br /> sha.11 pay to my daughter or anyone having her care and cus�ody such port3ons of the income as may
<br /> be neeessary f or her proper education and we11-being, provided further �ha� if the income is no�
<br /> �uffic3.ent for this purpose, then such port3.on of the principal as may be neceasary sha11 be
<br /> used. Any dis�Gributions or payment� made sha11 be upon proper showing made to the cour� and
<br /> under authority and approval of the court. When my daughter attains �he ag� of twenty-five yeara,
<br /> such guardian�hip and trust provi�ions shall terminate and the gu.ardian and trustee shall acco�.n�
<br /> �o my daughter for a11 propert� coming into his possession as such, and �Ghereaf�er my daugh�er
<br /> sha11 have full, comple�e and exelusive control over all sucY� property, sub�eet only �o the
<br /> restric�ions set forth in the third paragraph hereof with reference to the Howard County real
<br /> estate.
<br /> FTF�H
<br /> I name, nominate and appoint my wife, Ma.rgaret A. Luth, to be the exeeutrix of thie, my
<br /> Last W111 and Testament, further providing that ghe shall no� furnish surety
<br /> Henry C. Luth
<br /> on her aff3.cia1 bond as such.
<br /> SIXTH
<br /> I hereby revoke any and, all previous W3.�ls by me made.
<br /> IN TESTIMONY WHEREOF, S have hereunto affixed my s3gnature and execu�ed the foregoing
<br /> ins'�rumen� as my Last Wi11 and Testament this llth day of 5eptember, 19�6.
<br /> � Henry C. Lu'�h
<br /> W�, �those names are hereunto subscribed, do h�reby certify that Henry C. Luth, �he testator,
<br /> subscribed h3.s name to the f oregoing instrument, in our presence and in �he presenae of each of
<br /> us, and at the same time and in our presence and hearing, declared the same to be his Last Wil1.
<br /> and Te�tament, and we, at his reque�� and in his presence and in the pres�nce of eaeh other,
<br /> have hereunto aubser�.bed our namea as at�Gesting w�.'�nesses.
<br /> Ca�herine 3cha.ber
<br /> 8f Grand Tsl.and, Nebraska
<br /> A. �. Luebs
<br /> Of arand .IBland, Nebraska
<br /> HALL COUNTY, NEBRASKA F I L E D FEB 2� 1��7 CHARLES B�SSERT COUNTY JUDGE
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