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�� WILL AND D�CI'�.EE, RECOI�D No. 10 38892�THEAUGUSTINECO.GRANOISLAN�.NEBR. � � F IFTH In the event sufficient net income is at any time accumulated after payment of the monthly payments as hereinabove set forth to enable my trustee to do so, then said trustee shall pay to my niece, Edna Barron, of Chicago, Illinois, daughter of my brother Edmund 8arron (or Behrendt) the sum of Five Hvndred Dollars ($500.00) and no more. My Trus�tee shall have sole discretionary power to determine whether sufficient funds are available to make this payment and if it has not been paid when the payments to my brothers cease by reason of the death of both it shall then be paid out of property in the possession of my trustee before fur�her distribution is made, provfded that this provision for payment of Five Hundred Dollars ($500.00) to Edna Barron shall lapse if she precedes me in death or is not Iiving when said • funds are available for payment, S IXTH If any fnnds have accumulated from net income in excess of the amount necessary for monthly payments to my brathers and payment of this specific bequest to said F.dna Barron, my trustee is authorized to use the same fo r i.mprove- ments on real estate in the trust, if in the opinion of the officers of said trustee such improvements would be of benefit to the trust, otherwise to reinvest the same in legal investments for trust cesnpanies. SEVENTH Upon the death of my two brothers, and after payment of the sum of Five Hundred Dollars ($500.00) to nty� niece Edna Barron, if said bequest has not pre�iously been paid, or lapsed by reason of her death as hereinabove provided, I direct that all the pra.ncipal and accumulated income from said trust property held in trust for their benefit as aforesaid be divided and conveyed absolutely, free of trust, after deduction of final expenses of administration and closing the trust, equally among the issue of m� brother Willi�i Behrendt who are living at the time of my death and to the children of any of his issue who pr deceased ine, by representation, to have and to hold the same unto themselves and to their heirs forever, and said trust �erminated and closed. In closing said trust my trustee is granted the right and PAGE TWO authority to institute such proceedings as may be necessary or expedient to determine said issue or children of any deceased issue and to enable said trustee to make division and distribution, the expense thereof to be taaced as the Court having jurisdiction may direct. I:7G�i'�H The trustee shall have full pa�wer and authority to invest and reinvest all personal property of my extate, and accumulations of income, as the off icers of said trustee may think advisable from time to time and shall deem for the benefit of the said trust estate, No part of the principal of the trust shall be used for the payment of any of the payments to my brothers, or either of them, said payments to be made only out of accumulated net income, and if the net income for any one year conanencing with r,he date the trust �onnnenc�es is not sufficient to make these payments said monthly payments for that year shall be proportionately reduced and shall not be made up< out of accumulations from the preceding or following year. I1T7I��Id The trustee shall be compensated from time to time:in such amount as the Court 6naving jurisdicxion of the trust _ estate shall, upon application and shawing made, order and said trustee shall file a full report at least once annually during the life of this trust showing all inc�ne received and disbursments made. • TENTH I hereby declare it to be my express desire that the Executor and the trustee urxier this will shall, whenever they may require legal advice or assistance in the administration of my estate or in carrying out the trusts and po�wers of this my will, or in any matter arising under *.hA ��me, consult and employ A. �. Luebs, of Grand Island, Nebraska, he having an i.ntimate knowledge of my affairs and wishes respecting many matters that may arise in the execution of such trusts and powers. �LEVENTH In case any person interested in my estate shall contest this will in part or in whole and attempt to prevent the proof thereof, then I declare such contest and such attempt shall ca�ncel and terminate all provisions for or in favor of the person or persons making or inciting such contest without regard to whether such conxest shall si�cceed or PAGE THREE not; and I hereby declare al�. and any provision or provisions herein in favor of the person or persons so making such contest or inc�.ting the same to be revoked and of no force and effect. , TWE�.FTH I hereby revoke any and all will by me heretofore made. , IN WITh'F,SS WIiERFOF I have hereunto set my hand and seal this lOth day of Octol�er, A, D. 1942. �� _1s/ .Tohn 8arron � �+�e, whose na.mes are hereunto subscribed, do hereby certify that John Barron, the testatar, subscribed his name to the foregoing instrument composed of four (4) pages, including this page, in our presence and in the presence of each of us, and at the same time and in our presence and hearing declared said instrument to be his last Will and Testament, and i we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. /s/ Van P. Wittenmyer � of Grand Island, Iv'ebraska /s/ George W. Monson of Crand Island, r'ebraska FILED M.AR 3 1949 Harv�y !4. Wilson County Judge PAGE FOUR � Certificate af Probate of tvill THE STATE OF hFRRA:SKA, ) ) ss. In Countp Court. COUNTY OF BITFFrAI.�, ) � � � In the matter of the estat� �of John Barron deceased. I hereb� cer•tify that on th�c 2n3 day s�f Apra.l, 1949 the foregoing instrument of writing to which this certificate is att.ached was duly probat�d and allowed as the Last Will and Tes�ament of John Barron deceased and the same was duly filed and ecitered upon the prnt�ate records of said county.