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<br /> "CODICIL TO LAST WILL AND TESTP.MENT OF JAMES A. M05LANDER
<br /> "I, James A. Moslander, of Grand Island, Hall County, Nebraska.,
<br /> being of sound mind and disposing memory, do hereby make, publish and
<br /> declare this to be a Codicil to my last will and testament dated October
<br /> 24. 1963, in words as follows:
<br /> :I.
<br /> "I xevoke the provisions of Para.graph IV of my Will dated October
<br /> 24, 1963, and in lieu thereof provide as follows� If my dea.r wife, N1ary
<br /> Grace Ploslander, survives me, I give and bequeath to her an anount equal
<br /> to fifty per cent �50%) of -the value of my adjusted gross estate as final-
<br /> ly determined for Federal estate tax purposes, less the aqgregate amount
<br /> of Diarital I�duction, if any, allowed for such tax purposes by reason of
<br /> property, or interests in property, passing or which have passed to her
<br /> otherwise than by the terms of this provision of my Will.
<br /> "Ny executor shall assign, convey and distribute to my said wife ,
<br /> the cash, securities and other property, including real estate and inter-
<br /> ests therein, which shall constitute said bequest. The assets to be
<br /> distributed in satisfaction of said beques� shall be selected in such
<br /> manner that the cash and other property distributed will have an aggre-
<br /> gate fair market value fairly representative of the distributee 's pro-
<br /> portionate share of the ap�reciation or depreciation in the value to
<br /> the date, or dates, of distribution o� all property then available �or
<br /> distribution. Any property included in mq estate at the time of my
<br /> death and assigned or cor_veyed in kind to satisfy said bequest sha11
<br /> be valued for that purpose at the value thereof as finally determined
<br /> for Federal estate tax purposes, and any other property so assigne d and
<br /> conveyed (being property acquired with estate a.ssets during administra-
<br /> tion of tne estate�, shall bQ valued for that purpose at its cost. No
<br /> asset or proceeds of any asse} shall be included in this bequest as to
<br /> which a marital deduction is not allowable if included. Said bequest
<br /> s7ia11 abate to the exten� tha� i� canno� be satisfied in the manner
<br /> hereinabove provided.
<br /> "In the event that it shall becor..s difficult or impossible to de-
<br /> termine whether or not m-1 wife survives me, I provide and direct that
<br /> it sha11 be presumed that my wife survives me.
<br /> II.
<br /> "I reaffirm, rema;ce and repu'z�lisn all o�ner provisions of my last
<br /> will and testament not modified by this Q�dicil.
<br /> "WITNESS my signature to this Codicil to my last will and testa-
<br /> ment this 17th day of April, 1964.
<br /> James A. Moslander
<br /> Test3tor
<br /> "On this 17th day of April, 1�64, James A. P�Ioslander declared to us,
<br /> the undersigned, that the for�goir_g t,�as a Codicil to his last will and
<br /> iestament dated October 24, 1^63 and ::e requested us to act as �ait-
<br /> ' nesses to tne same and to his sigsa�u=� '�nereon. He thereupon sianed
<br /> said Codicil to his last wi11 and -�es'��,men� in our presence, we beinq
<br /> present at the same time. �?nd ti��e nov;, a� nis request, in his presence,
<br /> and in the presence of each o`her do hereun-�o subscribe our names as
<br /> witnesses, and we and each o� us d�clare t�=e,t we believe this testator
<br /> to be of sound mind and menory and 'co bc acting under no coercion nor
<br /> undue influence.
<br /> s IAeraert F. Nayer, Jr.
<br /> T.�---chur C ��iay�r"
<br /> and thereto attached is the �o'_lo���inq certi�icate:
<br /> "STATE OF NE3RASKA )g�.
<br /> COiJiv�TY OF HALL )
<br /> At a Session of the Caur�ty Cour� held in the County Court Room in
<br /> Grand Island, in said CountiT, on the 12�n day oL May, 1967,A.D.
<br /> Pre sent Ed;aard DiYon, Cour_ty Judge�� .
<br /> In the Niatter of the Esta.::e oE
<br /> JAriES A. A:OSLANDER, DECiASED.
<br /> � Kfno
<br /> %i-RO j XERO '`"�
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