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<br /> should predecease me, the above provision shall lapse, and such items �
<br /> of property shall pass, instead, to the beneficiaries named in the para- ��
<br /> graph next below. i
<br /> IV.
<br /> "I give, devise and bequeath all of the rest, residue. and remainder
<br /> o£ the assets of my estate of �very nature whatsoever and wheresoever
<br /> situated, in fee simple absolute and in equal shares, to my two children,
<br /> Lois Schreiber and Carl W. Scheffel, with right of representation for
<br /> the descendants of any chil.d of mine who may predecease me. If my son
<br /> Carl's children have not completed their schooling, I hope that Carl will
<br /> make suitable provision f or them.
<br /> V. ,
<br /> "As of this date, neither of my children is indebted to me. j'I
<br /> VI.
<br /> "I fully empower my executor, and his successors in trust, in their !'
<br /> sole discretion and without requiring the approval of any court or bene-
<br /> ficiary, and in addition to such powers as are granted them by law, to �',,
<br /> do the following:
<br /> A. Sell any of the assets of my estate, including real estate, at
<br /> such price and on such terms, and in such manner, whether at private of
<br /> pu;�lic sale, as my personal representative may determine;
<br /> B, Retain any assets which are a part of my estate ��tithout my per-
<br /> sonal representative incurring any personal liability for loss to my
<br /> estate resulting therefrom;
<br /> C. Settle, adjust, or compromise any claims, whether in favor of
<br /> or against my estate, upon such terms as my personal representative
<br /> may determine;
<br /> D. Make distribution in kind as well as in cash and at such valua-
<br /> tions as my personal representative may determine.
<br /> VII.
<br /> "I waive any privilege with respect to confidential communications
<br /> had at any time between me and my attorney, Arthur C. Mayer, and had at �
<br /> any time between me and any attesting witness to this Will. �
<br /> , "WITNESS my signature to this my last will and testament this 27 �'
<br /> day of July, 1965, consisting of three pages including the attestation
<br /> clause, upon the bottom margin of the first page I have also written
<br /> my name for grea.ter security and better identification.
<br /> WITNESS Carl L. Scheffel
<br /> Darlene I. Knoepfel Testator ' ('
<br /> Arthur C. Mayer . �
<br /> "On this 27th day of July, 1965, Carl L, Scheffel declared to us,
<br /> the undersigned, that the foregoing instrument was his last will and
<br /> testament and requested us to act as witnesses to the same and to his
<br /> signature thereon. He thereupon signed said will in our presence, we
<br /> being present at the same time�. And we now, at his request, in lzis
<br /> presence, and in the presence of each other do hereunto subscribe our
<br /> names as witnesses. And we and each of us declare that we believe
<br /> this Testator to be of sound mind and disposing memory and a cting under . �'.
<br /> no coercion nor undue influence.
<br /> Darlene I. Knoepfel I',.
<br /> Arthur C. Mayer" �'
<br /> "CODICIL TO LAST WIE,L AND TESTAMF.,L�TT
<br /> OF ' c
<br /> ' C.ARL L. SCHEFFEL k
<br /> �:
<br /> "I, Carl L. Scheffel, of Grand Island, Ha.11 County, Nebraska, being ;
<br /> of sound mind and disposing memory, do hereby make, publish and declarer j` '�
<br /> this to be a Codicil to my Last Will and Testament dated July 27, 1965,
<br /> in words as follows: � '
<br /> I.
<br /> "I direct that my Executor shall permit my wife, Ella K. ScYieffeT, ', ,;
<br /> if she survives me, to reside in my home at 13I.3 West Louise Street, � :;
<br /> Grand Island, Nebraska, rent free for a period of four �4) months follow- � '
<br /> ing the date of my cleat'h. She shall be responsible, :however, for pay=
<br /> ing any utility bills incurred during such occupancy by her. , ;`
<br /> II. .
<br /> "I also direct_ that in the event that I own -an automobile at the � �.�!
<br /> time of my death, that my Executor shall determine the fair �market value '
<br /> of such automobile as of the time of my death and shall offer, the same
<br /> for sale to my wi'fe, El1a K. Bcheffel, ;at a prlce equal, to seventy (70) `��'
<br /> 3 ;�.
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