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<br /> NO. 9 HALL COUNTY
<br /> appears by psoof on file �hat said notiae fntas given as ordered by Court and that no ob�ec�ions
<br /> �o said-f inal accoun� have been made or filed.
<br /> Upon exaznination of '�he record and t�e- evidence in this matter, and being duly advised in
<br /> the premises, the Court finds as follows:
<br /> - FIRST
<br /> That Harry T. t�Thitesell departed this lif e on the 23rd day of Maroh, 1936, at his residence
<br /> in Hall County, Nebraska, testate, and at the time of his death he was a resident of Hall County,
<br /> N ebrask�.. -
<br /> SEC OND
<br /> That on the llth day of April, 1g3.6, Carrie Whitesell filed in this Court an ins�rument
<br /> purport3n� to be �he La�t Will and �es�i.ament of said Harry I. Whitesell, d�ceased, wherein said
<br /> petitioner and Ernes'� G. Kroger, were named executors, and a pe�i.tion off ering said �fiill f or (2)
<br /> probate and on �he llth day of Apri1, 1936, an order of this Court was made therein assigning the
<br /> �th day of May, 1936, at l0 o�clock a.m. in the County Court Room in said County as the time and
<br /> place for hearing said petition, nroving said Will and ad.mitting �he �ame �o probate and ordering
<br /> that notice of the pendency of said petition and hearing thereon be given to a11 persons in�erested
<br /> in said matter by publishing said notice in t�e Gra,nd Island Independen�, a legal newspaper printed
<br /> in �aid County, f or three successive weeks prior to said day of hearing, and it appeaxs by proof
<br /> on file �hat no'Cice of said order was so given.
<br /> T�iIRD
<br /> The Cour'� further further finde that on the �th day of May, 1936, said instrument was proven,
<br /> allowed and aa.mitted to probate as the Last Wil1 and Tes�ament of said Harry I. Whitesell, ; -�
<br /> deceased, whieh Last W111 and Testament is in words as follows:
<br /> IN THE NAME OF GOD AMEN;
<br /> . _ .
<br /> I, Harry I. Whitesell, of Grand Island, Nebraska, being of sound mind and memory, and
<br /> con�idering the un�ertaintiea of this morta.l life, do hereby make, publish and declare this my
<br /> last will and teetament, �n words and figures followin�, to-witt '
<br /> FIRST: I direct that a11 my �uet deb�a, includin� �he e�penaes oP my last eiekness, death
<br /> and burial be paid out of my personal estate.
<br /> SECOND: To my beloved wife, Carrie Whitesell, I give and bequeath all of my household �oods,
<br /> furniture and personal belongings, the same �o be hers absolu�e.
<br /> THIRD: To my ,�oint exeeu�ors hereinafter named, I give and devise all of the rest, residue
<br /> and remainder of my property, 'both real and personal, and whereseever situated, including notes,
<br /> mor��ages� or moneys in bank, �o hold in trua�G for the purposes hereinafter set forth. Said trustees
<br /> sha1.1 manage and eare f or my said proper�y,. to the end tha� a good revenue ma,y be derived there-
<br /> from, and the net ineome, after the payment of taxes and necessary repairs to the improvements
<br /> on the rea.l e�tate, shall be paid to my wife, as the sarne accrues, for �.nd dur�.ng her natural
<br /> 1ife. Upon the death of my beloved wif e, the �urvi�ing tru$tee shallzeduce all of my property,
<br /> both rea,l and personal to cash, as goon as can be convenien�ly done, and for such purpo�es, T
<br /> hereby expressly au�hori�e such survi�.ing exeeutor and trustee to sell any and all of such
<br /> property, both real and personal, on guch terms aa he deems best, without having firat obtained
<br />� an order or licenae f.rom�any court or Judge, and the deed of auch surviving executor and trustee
<br /> �hall be sufflcient �o convey absolute titls to my real estate, and I hereby expreas].y confirm
<br /> and ratify any �a1e or �ales made under the authori�y herein given. The procee-�ds thereof, after
<br /> the payment of the necessary expenses, incident to such sa1e, slnall become a part of my re3i:d�,ary
<br /> estate, and shall pass as hereinafter provided.
<br /> FOURTH: During my life tim�, my son John, ha5 received an advancement of �1204.arising through
<br /> a land deal 3.n Canada, and '�hat sum shall be charged against h1.m, and be deducted from the ehare
<br /> coming �o him under this w111, but no interest shall be charged him on said aum.
<br /> FIFTH: During my life time I have expended the sum of �604. for hoBPita1 and other eharges (3)
<br /> on behalf of my son Harry I. Whitesell Jr. , and it is my wi11 that the sum of �600. be deducted
<br /> from the share aoming to him under this will, and that said sum be treated as an advancement, bu�G
<br /> tha� no in�eres� be charged on said sum.
<br /> SIXTH: Shr�uld any of my children owe me money upon promissory notes a� the time of my death,
<br /> or should any son-in-law be indebted to me on promissory notes, the a.mount owing by such child or
<br /> such son-in-law, sha11 be deducted from the share given such „�hild or the wife of sueh son-in-law,
<br /> and he or she sha11 suffer a reduction in their re�pec�ive inheritance, in an amount equal to suah
<br /> ind�btedness.
<br /> �EVENTH: It is my will that should my said executora f ind i� advantageou� to sell or dispose
<br /> of any or all of my rea1. estate before the death of my beloved wife, they may do so, and I hereby
<br /> expressly authorize them to make auch sa1e, without firs� obtaining an order or license from any
<br /> Court or Judge, and hereby confirm their ae� in making such sa1e, but the proceeda from such sale
<br /> shall be held by said execut�r$ as trustees, and tY�e ineome from �uch �'unds ehall be paid to my
<br /> wife so Ion� as ehe may 1ive.
<br /> EIGHTH: Should any of my eight (8) childre� hereinafter named, move away and not be heard
<br /> from for a period of three (3) years after my death, or the death of my wife, in the event tha�
<br /> she survives me, �Ghen and in such an event, the share herein given such child shall be paid �o
<br /> the children of such ch3.ld in equal shares, and if there be no child or children of such child,
<br /> or if for a period of thr�e (3 ) years after the death of the survivor of my wife and myself, and
<br /> af ter diligent i�1Qu3.z°y'r my �urv3.ving executor and trustee has been unable to locate a.ny such
<br /> child or grand child or grand children, then the share given to such child shall be d�.vided
<br /> equally among my other eh�.ldren, and the devise which would otherwi9e go to sueh disappeared
<br /> child, sha,ll be revoked and the other children sha11 inherit the same to the exclusion of all
<br /> other persons.
<br /> NINTH: All the res'�, reeidue and remainder of my estate, af ter the same ha,s been reduced to
<br /> cash as hereinbefore prov�ded, shall be divided into eight (8) equal parts, with th� exception
<br /> �hat the part going to m svn John sha21 be �1200. less, and the pa.rt going �o my son Harry Z.
<br /> Whitesell Jr. , shall be �600. leas than the paxts going to the other ehildren, and I hereby give
<br /> and bequeath one sueh part to my daughter Mabe1 Hopkins, one part to my daughter Laura Davia, one
<br /> part to my daughter araQe Grosecole, one par� to my daug�ter Pearl Conrad, one part to my d hter
<br /> Esther Wk�3.teeell one part �o my daughter Mar�ha Grosecole, one part to my son John Whitese��
<br /> less the sum of �1200. above mentioned, and one part to my son Harry I. Whitesell, Jr. , lese
<br /> the sum of �b00. above mentioned, to have and to hold to them and �heir heirs f orever.
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