The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-12-22
LEGAL NOTICES

The State State of Minnesota to All r. persons prns
sraTE OF MINNESOTA. County OIL
In ht the Matter Of the Estate Of Of David
batting the WIN III Of sala V. Evans be-
ing duly filed in this Court reple, Isl
ing that David d. Evans then ust, and
dent of the County OF Blue E .ao SHth
State of Minnesota died on the ZUi ;m
daV of october, 1916, leaving a last VIII
and testament, which last will anu
testament has been lost, ana Sett,n99
t nrnyinp til that said lost will be establish,
I'd and allowed as the last will ana
testament of said deceased anu vna
letters testamentary thereon os n ne ,su as
to David III. Evans VINO was haiieu 90
executor in said will. ,rroo+
The following is a true and corr. correct
copy of said last viii a nd tssdamsn'
David d. Evans of Mankato, Min.
nesota. being of lawful age, and OF
sound mind and memory do MAKE pun
lish and declare my last Will ana lesea-
+, First: I give, bequeath and devise
/ to nv wife, Margaret II. Evans and 10
my friends. Robert r. Roberts cru s; amd s
or survivor of them, all my property
and estate both real and personal, ana
wherever situated, but In trust never
theless for the following purposes, to-
wit: -,
A. Said trustees shall manage said
property and estate in such manner as
| conducive to produce an annual IN
come and to that end the said trustees
| or the survivors or survivor OF tne a,,
shall have the power to sell and convey
any and all of the real property and to
| invest and reinvest the proceeds of the
same. All earnings and income from
| said estate and property said trustees
shall pay and turn over to my said
wife for her soul use and the same
| shall be paid over, to her whenever
there is $250.o0 thereof in the hands
| of the trustees, and in any event every
| six months. .
B. Upon the death of my wife said
estate and property and the whole
| ees or trustee distributed among my
| children share and share alike, the
| children of any deceased child to take
| by right of representation.
For the purpose of making such dis
| tribution. said trustees may convey
the real estate to the benefciaries in
rights. or said trustees may convert
| any and all of said estate including the
| real property into money or securities
and distribute such money or securities;
Provided, however, that. in the final
! distribution of said estate. said trustees
, shall deduct from the share of any
child, or beneficaries. taking by right
| of representation, such sum as may
| give to any such child Cor the parent
| of beneficiaries) by way of advance
ment during my lifetime. But my
trustees shall consider no sum given a
child as an advancement unless ex-
pressly stated by me in writing to have
!, been SO given.
son. David Fl. Evans. the executor of
| this, my last will and testament with
| full power as such executor to sell and
convey any and all real property of
which I may die seized.
In witness whereof I publish and
decree this writing (signed on the
third sheet hereof, to be my last will
my name at Mankato, Minnesota, this
| 23rd day of December, 1909.
| DAVID D. EVANS
of three sheets) was at the time and
| place therein stated subscribed by
David d. Evans. the testator therein
named, and by him declared to be his
! same time at his request and in his
| presence and in the presence of one an
other we hereunto subscribe our name as
William Horatius Pay, residing at
Jno. c, Roe, residing at Mankato,
!. Margaret H. Evans. wife of the
| above named testator having read the
above instrument and being satisfied
with the terms thereof, consent and
assent to all the provisions: thereof.
MARGARET II. EVANS.
Now therefore you and each of you
| are hereby cited and requested to show
| cause if any YOU have. before this
| Court. at the Probate Court rooms in
| the Court House at Mankato. County Of
| Blue Earth and State of Minnesota on
| the Goth day of December, 1916, at
10 o'clock A. M. why the prayer of said
petition should not be granted.
] Witnesseth. the Hon. Evan Hughes,
Judge of said Probate Court and the
seal of said Court this End day of De-
| cember, 1916.
| EVAN HUGHES,
| Judge of Probate Court.
| probate Court SeaLl