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<br /> WILL AND DECREE RECORD No. 10
<br /> 38892-THEAUGUSTINECO.GRANDISLANO.NEBR. � �
<br /> shall precede me me in death, then the one-fifth share thereof which otherwise would be his, I hereby bequeath to my
<br /> said children F.mil J.. Voss, Barney B. Voss, Adolph Voss and Flfrieda V. Ford, share and share alike, to them and to
<br /> their heirs forever.
<br /> Dated at Grand Island, rebraska, this 4th day of April, 1940.
<br /> ANTONIE VOSS
<br /> Testatrix
<br />' We, whose names are hereto subscribed, do hereby certify tha.t this instrument, consisting of two pages, was at the
<br /> date thereof, signed by Antonie Voss, testatri.x, in our presence and in the presence of each of us, and at the same time,
<br /> in our presence and hearing, she declared the same to be her Last Will and Testament, and we, at her special request,
<br /> and in her presence, and in the presence of each other, signed our names hereto as attesting witnesses.
<br /> JESS IE OVERDORFF
<br /> HERBERT F. MAYF.R r'
<br /> " CODICIL TO LAST WILL AND TESTAMENT OF ANTONIE VOSS
<br /> I, Antonie Voss, of Grand Island, Nebraska, being of sound mind and disposing memory, do hereby make, publi�h and
<br /> declare this Codicil to my Last Will and Testament made by me on April 4, . 1940, in words as follaws, to wit :
<br /> l.
<br /> I hereby expressly revoke paragraph 1 of my said Will and in lieu thereof, do hereby nominate and appoint Herbert
<br /> F. Mayer of Crand Island, Nebraska, F�ecutor of said Will.
<br /> 2.
<br /> I hereby amend paragraph 2 of my said Will by directing said Fxecutor to carry out the pritvisions of paragraph 2
<br /> of my said Wi11 as therein stated, excepting only that I hereby increase the limit he shall spend for a monument to be
<br /> erected upon my cemetery lot, to a sum not to exceed $500.00.
<br /> 3.
<br />� I hereby revoke that portion of paragraph 3 of said Will which reads as foll.ows: ��To the City of Grand Island,
<br /> Nebraska, I give and bequeath th e sum of $100.00, the same to be used f or the premanent care and upkeep of my cemetery
<br /> lotft, for the reason that I have paid said City of Grand Islan.d for such perma,nent care and upkeep since the making of
<br /> said Will.
<br /> 4.
<br /> I hereby amend paragraph 4 of my said Will by expressly providing that all of the contents of my china cabinet
<br /> shall be divided by m� daughter F.lfrieda V. Ford among my children, incl.uding herself,said articles to be a remembrance
<br /> from me,
<br /> �4) " 5.
<br /> I hereby expressly revoke all of the provisions of paragraph 5 of said Will dated April 4, 1940, and in lieu thereof
<br /> do hereb,V bequeath the sum of One Doll_ar (�1.00) to Dove Voss, the wife of my son Hartwig Voss, and the sum of One
<br /> Dollar (�I.00) to his adopted daughter Thora Purcell, and no more to either of them; all the rest, residu:w and remainder
<br /> of my estate, both real and personal, wheresoever situated, I hereby deviseand bequeath unto rr�y said F,xecutor herein-
<br /> before named, and direct him to divide all of my lan.d with improvements located in Section 11, Township 11 North, Range
<br /> , 9 in Hall County, Nebraska, into five parts among my four children, to-wit: Emil J. Voss, Adolph Voss, Elfrieda V.
<br /> Ford and Barney B. Vos�, and Herbert F. Mayer as Trustee f or my son Hartwig Voss, to each such part thereof as said
<br /> children and said Trustee may agree upon i_n order to make an equitable andof value equal distribution of said land
<br /> among said children and authorize him to convey said respective tracts to them by Executor�s Deed; in the event that
<br /> such equitable division thereof agreeable to my said four n.amed children and sa�d Trustee cannot be made, in that
<br /> event said F,xecutor shall sell said land at public sale along with the rest of my real estate, as hereina�ter provided,
<br /> and the net proceeds fro m such sale shall be distributed by m3r sa.id Fxeci�tor as hereinafter provided; I hereby direct
<br /> my said Executor to sell all the rest of my real estate, wheresoever situate, at public sale for cash without first
<br /> obtaining any license or leave from any Courr, or Judge f or that purpose, and also �y farm property in the event the
<br /> same cannot be divided as hereinbefore set f orth; said Fxecutor to furnish the purchasers thereof with a good, merchan-
<br /> table title to said premises, free and clear of all liens and encumbrance, and abstracts of title to said tracts f or said
<br /> purchasers, all the expense of such sale and furnihsin such title and abstracts to be paid for bp said F,xecutor out
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<br /> of my estate.
<br /> 6.
<br /> I hereby direct my said Fxecutor to convert all of the rest of my personal estate and pers�nal property into cash
<br /> as soon as can conveniently be done and out of the net proceeds received by him after the payment of all expenses from
<br /> the sa1 e of said chattel and personal property and said real estate, I direct said Executor to pay the sum of $500.00
<br /> to Herbert F, Mayer of Grand Isla.nd, I�'ebraska, as Trustee, which sum shall be added to and made a part of the trust res
<br /> provided for in paragraph 7 of this Codici.l; the reason for this bequest is the fact that I have among my papers, four�
<br /> $500.00 War Savings Bonds, each of which are payabie iointly with myself and one of my other four children, ard the
<br /> reason f or this bequest is to equalize the same among my five children so that said Trustee for my son Hartwig Voss
<br /> shall, as such Trustee, receive upon my death, an amount equal to the benefits received by �p* other said four children;
<br /> the balance of the net proceeds in the hands of said ExeCutor, I hereby direct hi.m to distribute the same and pay the
<br /> same into five equal shares, one share to each of my four children, to-wit: Emil J. Voss, Adolph Voss, Elfrieda V.
<br /> Ford and Barney B. Voss, and. the f ifth share to said Herbert F. Mayer as Trustee for my son Hartwig Voss; but I hereby
<br /> expressly provide that should any of said five children be indebted to me at the time of my death for any sums loaned
<br /> by me to them, such debt shall be ded�ted from the sha.re of such child irrespective of whether or not the Statute of
<br /> Limitations has run against the col�ection of such debt and such debt be added to mp* net estate for distribution and a
<br /> division b� made equally among my said f our children and said Trustee, of the whole accordingly.,
<br /> ?.
<br /> I expressly further provide that that share of my estate hereinbefore given for the benefit of m,q son Hartwig Vos
<br /> to Herbert F. Ma.yer of Grand Tsland, Nebraska, as Trustee, instead of to my said son Hartwig voss, is done f or the
<br /> reason that my said son Hartwig is not well; said Trustee is herebp given the power to collect the income from said
<br /> trust estate, manage and control the principal thereof and invest the same in such investments as the laws of the State
<br /> of Nebraska approve f or investment by Trustees, d uring the life of said trast and i further hereby expressly empower
<br /> said Trustee to mortgage or sell any real estate which shall come to his possession or ownership as such Trustee
<br /> during the life of such trust; upon the terms and conditions as to him seem f or the best interests of said trust; in
<br /> the event that my said son Hartwig shall ptecede me in death, then this trust provision. shall lapse and .all of that
<br /> p:o�tion of my estate hereinbefore given to my said son Hartwig Voss� I h�Eby devi�se and b�c��eath �to a��►�rp�g�sinns,
<br /> children, Emil J. Voss, Adolph Voss, Elfrieda V. Ford and Barney B, oss, share an share a e, su ect�o
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