The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1916-12-15

d. Evans. Deceased.
| The State of Minnesota to All Persons
interested in the Allowance For FRO,
STATE OF MINNESOTA praba t Sou Goyrt 81
| In the Matter of the Estate of David
batting the Will of Said Deceased; -
The petition of Maurice " Evans pc
ing duly filed in this Court represent
inc that David D. Evans then resi-,
dent of the County of Blue Earth anu
State of Minnesota died on the ZUi ;m
day of October, 1916 leaving IaSt VII
and testament, which last VIII anu anu
testament has been lost, and setting
forth the provisions of said will and
praying that said lost will be estaollsh5
ed and allowed as the sa last a wd that i
letters testamentary thereof be issued
to David H. Evans who was named as
executor in said will.
The following is a true and correct
copy of said last will and testament:
LAST WILL AND TESTAMENT.
1. David d. Evans of Mankato, Min
nesota, being of lawful age, and OF
sound mind and memory. do make, pup
fish and declare my last will and tesla
ment as follows: .,a
First: 1 give, bequeath and devise
to my wife, Margaret ID. Evans and 10
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
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
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 $3.50 90 thereof in the hands
of the trustees, and in any event every
B. Upon the death of my wife said
estate and property and the whole
thereof shall be by the surviving trust
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
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 benefciaries taking by right
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
Second: 1 nominate and appoint my
son, David III. Evans, the executor of i
this, my last will and testament with |
full power as such executor to sell and |
convey any and all real property of
which 1 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.
The foregoing instrument consisting |
of three sheets) was at the time and |
place therein stated subscribed by
and by him declared to be 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
William Horatius Pay, residing at
MINI.
Jno. C. Roe, residing at Mankato
MINI.
l. Margaret IT. Evans. wife of the
above instrument and being satisfied |
with the terms thereof, consent and |
assent to all the provisions thereof.
Dated this 23rd dav of December 1909.
MARGARET H. EVANS.
In presence of
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