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WILL AND DECRE� RECORD No. 10 � �-�
<br /> 38892-TNEA�IGUSTINF.CO.GRANDISLRND,NEBq. .
<br /> 4. '
<br /> Anna Fairbanks agrces as part of this Joint and Mutual Will, since said propertp is now held bp them vnder a deed with
<br /> right of survivorship, that she will convey forthwith said premises to the said Ruth' Johnson, in fee simple absolute;
<br /> in the event the said Anna Fairbanks shall die first, then the devise in t his paragraph shall take effect upon; the
<br /> death of the said Charles A. Fairbanks.
<br /> FOURTH
<br /> The East Half of the Southwest Quar�er �E2 SW4) and the Northwest Quarter of the Southeast Quarter (Nki4 SE4) of
<br /> Section Eight (8), Township Ten (10), North, Range Eleven (11), West of the 6th P. M., in Hall County, Nebraska, �
<br /> nc�,r stands inth� name of Charles A. Fairbanks. It is herebT agreed between the said Charles A. Fairbanks and Anna
<br /> Fairbanks that upon the death of Charles A. Fairbanks, whether he be the survivor, or whether he be the one first dying,
<br /> that said farm shall be and the same is hereby de��tsed b�* each and both of us to Donald Cha.rles Fairbanks, beloved son
<br /> of said Charles A, Fairbanks, and his heirs forever; upon the condition subsequent, hon�ever, that he shall not sell,
<br /> mortgaae or otherwise lien said r.eal estate for a period of ten (10) years after the death of the said Charles A.
<br /> Fairbanks, with the exception that he may mortgage said premises for the purpose of reneWing anp existing mortgages
<br /> that are naw thereon, and in the event he shall breach this condition, then said premises shall pass to, and we do
<br /> herebp devise the same unto the said Ruth Johnson.
<br /> FIFTH
<br /> The South ?0 feet of Lot Five (5) and the Westerlp six �6) feet of the south 70 feet of Lot Six (6) in Block
<br /> Three (3) in Lakeview Addition to Grand Island� Nebraska, stand s in the name of Anna Harder, who is one and the same
<br /> person as the testatri�c, Anna Fairbanks. This constitutes the home and homestead of the testator and testatrix, and
<br /> it is hereby understood and agreed, and we do herebp devise the same as follows: To the survivor of us for life,
<br /> and upon the death of the survivor of us, then we and each of us do hereby devise the same to Evelyn Tawns�nd of
<br /> Grand Island, Nebraska,sister of Anna Fairbanks, and and to her heirs forever
<br /> S IXTH
<br /> The East Half of the Southeast Quarter (E2 SE4) of Section Five (5), in Tawnship Ten (10), North, Range Eleven (11�
<br /> West of the 6th P. M., In Hall County, Nebraska, noow stands in the name of Charles A. Farrbanks. The parties hereto
<br /> agree, and the same is herebp devised as follows: To the survivor of us a life estate in said premises, and upon the
<br /> death of the survivor, we and each of us do herebp devise the remainder to the brothers of Charles A. Fairbanks� to�rit,
<br /> Lester Fairbanks, Guy Fairbanks and Earl Fairbanks, and to his sisters, Laura Lowell, Pearl Lang and Edith Kuester, and
<br /> to their heirs forever, each an undivided one-seventh part therein, and the remaining undivided one-seventh part therein
<br /> to the issue of the deceased sister of the said Charles A. Fairbanks, Martha Hurd, share and share a�ike, and to their
<br /> heirs forever per stirpes, all as tenants in conenon..
<br /> SEVENTH
<br /> The rest, residue and remainder of the propertq awned by each, either and both of us, of any and all natnres
<br /> whatsoever, including any remainder of the household furnitnre, we a�ree and do herebp devise and bequeath as follaws:
<br /> To the survivor for life, with full pawer to mort�age, sell, transfer or convey the whole or any part thereof without
<br /> any order of coUrt, and at the death of the survivor, then the remaining property, of any and all natures what�oever,
<br /> of each, either or both of us, including both that of the onc first dying and of the survivor, and not hereinbefore
<br /> devised or bequeathed, shall be divided, and the same is here�* devised and bequeathed as follaws: Three-fourths part
<br /> thereof .to Donald Charles Fairbanks and Ruth Johnson, children of the said �.�Charles A. Fairbanks, and to their heirs
<br /> forever, share and share alike, and the rema.ining one-fourth part thereof to Evelyn Tawnsend and Alinnie Kro�rer, sisters
<br /> of Anna Fairbanks, to the exclusion of any other brothers or sisters of the said Anna Fairbanks, or the issue of any
<br /> deceased brother or sister, and to their heirs forever, share and share al#lce.
<br /> EIGHTH
<br /> It is hereby agreed that the foregoing provisions �ade by this will are in lieu of any and all rights that the
<br /> survivor might h;ave in the property of or to the estate of the other, i+ttether rights of inheritance, widawts rights, or
<br /> the interest in Com�nvnitg Property, and in lieu of any right to sapport or specffic allawances. -
<br /> N INTH
<br /> We do hereby naminate, constitute and appoint the survivor and Donald Charles Fairbanks to be the Executors of the
<br /> last Will and Testament of the one first dying, and the said Donald Charles Fairbanks to be the Executor of the last will
<br /> and testament of the survivor.
<br /> IN WITNESS WHEREOF, we have hereunto set our hands this lOth day of Augu$t, 1948.
<br /> Charles A. Fairbanks
<br /> Testator
<br /> At�na Fairbanks
<br /> Testatrix
<br /> We, the undersigned, do hereby certify that CHARLES A. FAIRBANKS and ANNA FAIRBANKS, and each and both of them�
<br /> they and each of them being of sound mind and disposing memory, did sign t,he foregoing instrument in our presence and
<br /> in the presence of each of us; at the same time, each of them declaring that said instrument was his or her last will
<br /> and testament, and we and each of us, at the request of each and both of the said Charles A. Fairbanks and Anna
<br /> Fairbanks, affix our names hereto as attesting witnesses, in the presence of the said Charles A. Fairbanits and Anna
<br /> Fairbanks, and each and both of them, and in the presence of each othert
<br /> Harold A. Prince
<br /> Grace Lang
<br /> HALL COUNTY, NEBRASKA F I L E D JUN 11 1951 CHARLES BOSSFRT COUNTY JUDGE
<br /> CODICIL TO JOINT AND MUTUAL WILL
<br /> -of-
<br /> CHARLES A. FAIRBANKS � ANNA FAIRBANKS
<br /> HUSBAND AND WIFE, BOTH OF GRAND ISLAND,
<br /> HALL COUNTY, NEBRASKA.
<br /> KNOW ALL MEDI BY THESE PRESENTS:
<br /> That we, Charles A. Fairbanks and Anna Fairbanks, do herebp make, publish and declare this a Codicil to our Joint
<br /> and Mutnal Last Will and Testament, dated August 10, 1948:
<br /> I.
<br /> Since we have sold the real estate mentioned in the ��THIRDTM paragraph of our Joint and Matual Last Mill and
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