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WILLA DD D 1 �°�
<br /> N E�CREE RECOR No. 0 ,
<br /> 38892�THE�Uf.USTINECO.GRANDISLAND,NEBfl.
<br /> (i) that 11��,Oths of �y r�sidua.ry eatate devised to said trustee shall be held by said trustee in trust for r�p
<br /> son, ,Tohn ,T. Kosch, and that the net income from,said share ahall be pa.id to �y said son until he� attains the
<br /> age of 2S pears, and when the s�id Tohn ;T. Kosch will have atta,ined said age said share �.nd interest so con-
<br /> veyed in trust for hia� sh�ll be paid, trasfcrred, conveyed an.d dtlivered to �y said son, lohn T. Kosch,
<br /> providin�, if �y s�,id son shall die before attaining the ag� of 25 years, or before uy death, then and in
<br /> that e�,se �aid share so conveye3 in trust for said ,�o�in ,T. Kosch shall vest on his death and shall be
<br /> transferred and conveyed to �y surviving children in equal shares;
<br /> (ii) the resaining 11/60ths of r�y residuary eatar,e devised to said trustee sha11 be held by said trustee in trust
<br /> for �y daughter, Catherine M. Kosch, until she will have a.ttained the age of 25 years, and on attaining said
<br /> a�c my said trustee shall pay, r,ransfer, convey, assign and deliver to said Catherine M. Koshh all of said
<br /> estate taken in trust by said trustee for said Catherine M. Kosch; and during the ter��x of said trust n�y said
<br /> truatee shall collect the rents and incon�e from said trust estate and pap therefroM so �uch as is necessarq
<br /> : for the �care, r�aintenance and education of the said Catherine M. Kosch; providing if tt�e said Catherine M.
<br /> Kosch sha11 die bafore att�.ini.ng the age of 25 pears, or before sy �etl�h, without leaving child or children
<br /> her surviving, then �.nd in that case the share and interest so bequeathed and devised in trust for said Catherine
<br /> ri. Kosch shall be held by nay said trustee in trust f or her surviving child or children until they respectivel�
<br /> attai.n t�e age of twentp-onC yeara �hen said trustee shall pay, tr�snfer and assign said interest in �aid
<br /> trust account for e�,ch such child to such child of n�y da,ug�ter, Catherine M. Kosch; and if my said dau�hter,
<br /> Catherine M. Kosch, di�s before �ttaining tl�e �ge of 25 years or before �r death without leavin�; child or
<br /> � children her survivi�g , r.hen and in that event, on her death, if she survive �e and on �y death if s�ie pre-
<br /> � decease rre, �y said trustee sh�.11 pay, assign, transfer, eonvey and deliver said entruated one-sixth ahare and
<br /> the cu�ulated incorn� thereof to my surviving children in equal shares.
<br /> (c) an undivided 1�12th of thc rest, r�sidue and ren�ainder of �ny estate, real and personal, I give, bequeath and
<br /> devise to Paul Kosch, as trustee, in trust upon the following trusr.s, to wit;
<br /> (i) that said r,rustee, his survivor and successors sha,ll invest and reinvest the p�rsonal estate e�braced in this
<br /> b�quest and pa,y the net incon�e thereof annually to n�y daughter, Mary Alice Ko�ch, also known as Sister Clathaire,
<br /> during the tera� of her natural life; and �p sa�id trust�e shall lea�e and collect the rentals froM all of the
<br /> . .. :i re�l estate devised to said trustee by the ter�s of this subparagraph (c), arid pap all taxes and provic�e all
<br /> necessary repa3rs and pay the net inco�e froM the real est�te devised in this trust to � said daughter, during
<br /> her lifetim►e;
<br /> (ii) and said trustee is e�xpc►wered and authorized to sell, canvert into cash �nd convey a�ll of tlae real eatate
<br /> devised to aaid trus�ee for its fair value a.nd purchaae securities (trustee is authorized bp la.w to invest
<br /> trust funds into), and aaid trustee n��.y, in hia discretion, invest the personal;�estate and the proceeds of
<br /> real estate in other re�.l �state; and said trustee arc also e�npowered a�nd authorized to cnter into a parition
<br /> arran�e�+ent f or the division of the re�.l estat� o� which I dic seized in aeveralty so that there n�ay be
<br /> partitioned and set off fro� the vndivided interest of the real estate herein devised to said trustee iato a
<br /> s�verail. intcrest for said trust;
<br /> (iii)upon the death of �y aaid daughter x�y said trustee �hall sel1, tra.nsf�r, assi�n�•add canvey all of said entrusted
<br /> estate in equal shares to �g aurviving children, providing that if any of u�y other aaid children hane pre-
<br /> decea,sed the death of �ny aaid daughter leaving child or children him or her survivin�, than the surviv��i�
<br /> child, if only one, or the surviving children, if �ore than one, shall take such sharc and interest �y said
<br /> child so dying would have taken if liviMg. ,
<br /> 'i
<br /> THIRD: I n:a,�ne, non�inate and appoint �xy son, Paul Koach, as executor of this a�y last will and testainent, herebp
<br /> revokina all for�er willa by �e n►a,de.
<br /> Dated T�.nuary 10, 1949
<br /> Here�an .j. Koach ,
<br /> �
<br /> We, whose na�es are her�bo subscribed, certif'y that the above naa�cd testator signc�d the above and foregoing
<br /> instru�ent in our presence and in the presence of each of us and, at the san+e tin�e, declared said instru�ent waa his
<br /> last will and testa�ent and we, at his requdst, in his presence a,nd in the presence of each other subscribed our na,x�es
<br /> hereto as �.ttesting witnesses.
<br /> We further certify tha,t at the ti�e of executing said will said teatator waa of �ound �ind and dispoaing �e�ory
<br /> Mrs Hattie Cure 2921 Burr Oak Ave.
<br /> Blue Island, I11
<br /> Mrs. Blanche Berner 13667S Western, Ave.
<br /> Blue Island, Ill.
<br /> Miss Alice M. Mic�alak 11710 So. Ho�a.n Ave.
<br /> Chicago, R1.
<br /> CERTIFICATE OF PROBATE
<br /> State of Nebrask�,, )
<br /> ) ss. I, j. C. Hranac, Countp .Tudge of Butler County, Nebraska, do hereby certify that the above
<br /> Butler County ) and foregoing instru�ent eas on the lSth day of Jume, 1949, at the huur ef ten o�clock A. M.
<br /> • duly proned as the last will �.nd testan�ent of Her�xan J. Kosch, the testator therein
<br /> described; that it �►as duly executed according to law and that said testator �ras coxpetent to execute the aa.a�e; that
<br /> aaid in��rument is entitled to probate and is �dmitted to proba�e as and for the last will and testa�ent of the said
<br /> Her�an ,�. Kosch, decea,sed, and probated as such. In testi�nony whereof I have hereunto set �y hand and affixed the
<br /> Sea,l of the County Court this 18th day of ,]une, 1949.
<br /> (SEAL) J. C. Hranac COUNTY JUDGE
<br /> Il� THE COUNTY CO URT OF BUTLER COUNTY, NEBRASKA
<br /> In the Ma,tter of the Estar,e of )
<br /> ) DECREE OF FINAL SETTLEr�I�TT
<br /> Herman J. Kosch, Deceased, ) Estate #1247
<br /> This �atter ca�ne on to be he�rd this 22nd day of ,june, 1951, at the hour of 10 otelock A. M., and at said hour on the
<br /> application oP the petitioner for a continuance, and it appearin�; to the court that the �atter should be continu�d to June
<br /> 23, 1951, at th� hour of 10 ofclock A. �i., it is, therefore, ordered that said applic�tion for final settle�ent be and
<br /> the sarse is hereby continned to Tune 23, 1951, at 10 o�clock A. M., and on June 23, 1951, at 10 o�elock A. M. this �ratter
<br /> caxe on to be further heard upon the final report and account of Paul Ifiosch, as executor of the last will and testaarent
<br /> of Herr�an 1. Kosch, deceaaed, and upon the applica.tion of said executor for the final aettle�ent of his accour�t, for a
<br /> detern�ination of heirship and f or an order of distribution, and the court, bein� fully adviaed in the pre�ises, does find;
<br /> (1} That due notice was ordered given and published of the pendency of tht application for final settle�ent �� the
<br /> fin�.l account of Paul Kosch, as executor of the last will and testa�nent of Hex�an J. Kosch, deceased, and of the ti�e
<br /> and place fixed for the hearing thereon, and that this court has jur'i�diction of the parties and the subject �tter.
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