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<br /> III
<br /> "I give and bequeath unto my dear wife, Mary Grace Moslander, all
<br /> household goods, household f urnishings, household furniture, articles
<br /> of jewelry, of adornment, of cio�hing, any automt�biles, and any other
<br /> personal effects of nominal value. In the event that my wife should
<br /> predecease me, I give and 12equeath these items, ins�ad, in equal shares,
<br /> to our two children, Grace Moslander Frei and James A. Moslander, J�.
<br /> IV.
<br /> "In the event that my dear wife, Mary Grace Moslander, is living
<br /> at the time of my death, I qive, devise and b�queath unto her, in fee
<br /> simple absolute, an amount. equal to fifty per cent (50/) of the value
<br /> of my Adjusted Gross Esta-te, as the same may be determined for Federal
<br /> estate tax purposes, less the aqgregate amount of Marital Deductions,
<br /> if any, allowed in the Federal Estate Tax return for my estate by re ason
<br /> of interests in life insurance, joir-tly owned property, or other pro-
<br /> perty passing or which may iza.ve passed to my said wife otherwise than by
<br /> this Will. This provision for my said wife snall be satisfied by my
<br /> executor out of property in my estate, so far as the same is possible,
<br /> which qualifies for the P^-arita.l L'educ�ion under the Federal estate tax
<br /> ia�as and regulations. Sub;ect �o Lhe latter, I fully empower my ex-
<br /> ecutrix to alloca'te such assets to sa�isfy this legacy as my wife may,
<br /> in her sole discretion, cnoose, based upon the dollar value of the assets
<br /> of my estate as such dollar value may be determined for Nebraska inherit-
<br /> ance tax pizrposes. In the even'c that my said wife and I should die as
<br /> a result of a common acciden�� so that it becomes difficult or impossible
<br /> to determine which of us survives the other, I provide that it shall be
<br /> presumed that my wife survived me.
<br /> V.
<br /> "I give, devise and bequeath all of the rest, residue and remainder
<br /> of the assets of my estate un�o our two children, Grace D7oslander Frei
<br /> and James A. Moslander, Jr. , in equal shares, subject, however, to a life
<br /> estate therein for the benefit of and during the lifetime of my dear wife,
<br /> Ma,ry Grace Moslander.
<br /> VI.
<br /> "I fully empower my executriy to sell any of the assets of my estate,
<br /> including real estate, at such �rices, on such terms, and in such ma�ner,
<br /> whether at private or public sale, as she, in her sole discretion, may
<br /> determine to be for the best interests of my estate and without procurin g
<br /> the leave, license or approval of any court. I further empower my said
<br /> executrix to settle, adjust, or compromise, in her sole discretion, any
<br /> claims whether in f avor of or against my estate upon such terms and con-
<br /> ditions as she alone may determine to be for the best interests of my
<br /> estate and without the necessity of procuring -the leave or approval of
<br /> any court. I further empower my executrix, in her sole discretion, to
<br /> make distribution in kind as well as in cash. I waive any privilege with
<br /> respec� to confidential communications had at any time between me and azy
<br /> of the attesting witnesses to this will and had at any time between me
<br /> and my attorney, Arthur C, I�Zayer.
<br /> WITNESS my signature this 24 day of October, 1963, to my Iast will
<br /> and testament, consisting of two pages, upon the bottom margin of the
<br /> � first page I have also written my name for greater security and better
<br /> identification.
<br /> James A. Moslander
<br /> Testator
<br /> "On this 24 day of October, 1963, James A. Moslander declared to
<br /> us, the undersigned, that the foregoing instrument was his last will
<br /> and testament and he request�ea us to act as witnesses to the szme and
<br /> tn his signature thereon. H� thereupon signed said will in our presence,
<br /> we being present at the same time. And tive now, at his request, in his
<br /> presence, and in the presence bf ea.ch o�her do hereunto subscribe our
<br /> names as witnesses. And we and each of us declare that we believe this
<br /> Testator to be of sound mind and disposing memory and acting under no
<br /> coercion nor undue influence.
<br /> Vera M.Wigstone
<br /> Arthur C. Mayer"
<br /> %EROl XERO: � "1-R0 _ �,.,.� OP -
<br /> . I%ERO
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