The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-12-08
=: LEG AL MOTTO E S =:

STATE OF MINNESOTA. County of
Blue Earth-ss. In Probate Court.
In the Matter of the Estate of David
D. Evans, Deceased. -,
The State of Minnesota to All Persons
Interested in the Allowance For Pro-
batting the VIII of Said Deceased:
The petition of Maurice V. Evans be-
ing duly filed in this Court represent
ing that David d. Evans then resi-,
dent of the County of Blue Earth ana
State of Minnesota died on the 2Oth
and testament, which last will and
testament has been lost, and setting
forth the provisions of said will and
praying that said lost will be establish
testament of said deceased and that
letters testamentary thereof be issued
to David H. Evans who was named as
executor in said will.
copy of said last will and testament:
LAST WILL AND TESTAMENT.
l. David D. Evans of Mankato, Min
nesota, being of lawful age, and of
lsh and declare my last will and tesla
ment as follows:
First: | give, bequeath and devise
my friends, Robert T. Roberts. and my
son David H. Evans and the survivors
or survivor of them, all my property
and estate. both real and personal, and
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
to them may seem advisable and most
conducive to produce an annual in
come and to that end the said trustees
or the survivors or survivor of them
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
-Ian o,,1 f,,r,, 10 -as1
wife for her soul use and the same
shall be paid over to her whenever
there is $3.50 thereof in the hands
of the trustees, and i'm any event every
six months.
b. Upon the death of my wife said
estate. estate and and property and the whole
thereof shall be by the surviving trust
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 beneficiaries in
common according to their respective
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 beneficiaries 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 nv
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 II. 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
/ may n 10 DIN
In witness whereof I publish and
decree this writing (signed on the
third sheet hereof to be nv last will
ana testament and hereunto subscribe
my name at Mankato, Minnesota this
z5rd day of December, 1909. a.
r DAVID D. EVANS
me FOREGOING instrument Consisting
OF three sheets) was at the time and
pace therein stated subscribed by
David d. Evans, the testator therein
named, and by him declared to he his
last will and testament. and at the
same time, at his request and in his
presence and. in the presence of one an.
other we hereunto subscribe our name as
witnesses. si..- -. I-No 10
William Horatius Pay, residing at
nm, Jno c. Roe, residing at Mankato,
/. Margaret Fl. Evans. wife of the
apove named testator having read the
above instrument and being satisfied
with the terms thereof consent and
assent TO all the provisions thereof.
Dated this 23rd dav of Decombar ieoe
In presence of = i-''''
NOW therefore you and each of Won
are hereby cited and requested to show
cause. cause If any YOU have before this
T, court at the Probate Court rooms in
me Court House at Mankato. County Of
B I5 Earth and State of Minnesota on
me 3Oth dav of December. 1915 az
l ~ o'clock A. M. why the PRAYER of said
petition should not be granted.
Wltnesseth the Hon. Evan Hughes
Judge of said Probate Court and the
sea- OF said Court this End day of De-
EVAN HUGHES.
Judge of Probate Court