NEBE, Martin

NEBE, HULBE

Posted By: Cay Merryman (email)
Date: 1/28/2004 at 22:47:45

I, Martin Nebe, of the City of Glenwood, Mills County, Iowa, being of sound disposing mind and memory, while in the full possession of all my mental faculties, desire to arrange the disposition of all property I may own at my death in the manner that seems to me just and right, do hereby make, publish and declare this as my last Will and Testament. I hereby revoke and cancel all former Wills by me at any time heretofore made.

Par. 1. - I hereby direct, that after my death and respectable burial, that all my just debts, including the expenses of my last sickness and burial, shall be first paid from my estate by my Executrix, hereinafter named; and that the rest, residue and remainder of my property, real, personal and mixed, shall then be divided among my three children hereinafter named in the proportions set out in paragraph 2 of this instrument.

Par. 2. - I will, devise and bequeath unto my son, Frank M. Nebe, the undivided one-fourth of my remaining estate; and to my two daughters, Edith M. Nebe and Katherine Nebe, in equal shares, I will, devise and bequeath the undivided three-fourths of said remaining estate. In view of advancement that I have heretofore made to my said son, Frank M. Nebe. I consider the above division of my property to be equitable and right between him and his two sisters. However my said daughter Edith M. Nebe and my said son, Frank M. Nebe, having each, heretofore, made certain advancements of money to their sister Katherine Nebe for the purpose of schooling and expense of sickness, it is my wish and I hereby direct that out of the share of said Katherine Nebe in my estate as above set out, that my said Executrix shall take the amount of Seven Hundred Eighty Nine ($789) Dollars, and that out of said amount the said executrix shall pay to said Frank M. Nebe the sum of Two Hundred Eighty Two ($282) Dollars, and to said Edith M. Nebe the sum of FiveHundred and Seven ($507) Dollars, and the said amount of $789 shall remain a lien against the said share of Katherine Nebe until paid; but no interest on either of said sums shall be charged or paid.

Par. 3 - I hereby nominate and appoint my daughter, Edith M. Nebe, sole Executrix of this my last Will and Testament, and it is my wish that she be permitted by the Court to qualify and serve as such Executrix on her own bond without surety or sureties thereon.

In Witness Whereof, I have to this my last will and testament consisting of one sheet of typewritten paper, subscribed my name this 23rd day of January, 1915. Signed Martin Nebe

We hereby certify that on this 23rd day of January, 1915, at the City of Glenwood, Mills County, Iowa, Martin Nebe, to us personally known, did, in our presence, sign the foregoing instrument and declare the same to be his last will and testament and we, at his request, and in his presence, and in the presence of each other, do hereunto subscribe our names as witnesses thereto.

CODICIL

Know all men by these presents: That I Martin Nebe, of Glenwood, of the County of Mills, in the state of Iowa, being of sound mind and memory, have heretofore to-wit: under date of January 31, 1915, made, published and declared my last Will and Testament, in which I did make certain bequests to my several children and therein I did provide that there should be deducted from the share of my daughter Katherine Nebe, now Katherine Hulbe, certain sums which represented her indebtedness to Frank M. Nebe and Edith M. Nebe, my son and daughter. That on account of other sickness and expenses incurred by my daughter, now, Katherine Hulbe, I feel that an additional sum shall be given her. I now desire to change the provisions relating to my said daughter, Katherine Hulbe, in that, I give, devise and bequeath to my said daughter Katherine Hulbe in addition to the other provisions made for her in my said last will and testament, the sum of Fifteen Hundred ($1,500.00) Dollars which said sum shall be paid to her before any other division of my estate is made.

And lastly it is my desire that this codicil be annexed to and become a part of my last will and testament, the same in all respects as though the provisions herein had been inserted therein in lieu and in addition to the original provision therein specified.

In Witness whereof I have hereunto subscribed my name at Glenwood, Iowa, this 4th day of January 1919.
Signed ….Martin Nebe

The foregoing written instrument, consisting of one sheet of paper, was on the 4th day of January, A.D. 1919, subscribed by the testator Martin Nebe, as and for a codicil to his last Will and Testament, in the presence of each of the undersigned, who, at his request, in his presence, and in the presence of each other, have signed our names hereto as subscribing witnesses.
Carl H. Otis
E. M. Myers

I, Frank M. Nebe, in consideration of the representations above made, executed by Martin Nebe, my father, do hereby agree to its terms and hereby release the said Katherine Nebe from the payment of the above stated sum due me during the life time of my said father, Martin Nebe. Dated at Atlantic, Iowa, this 5th day of April, A.D. 1917. Signed Frank M. Nebe

I, Edith M. Nebe, in consideration of the representations above made, executed by Martin Nebe, my father, do hereby agree to its terms and hereby release the said Katherine Nebe from the payment of the above stated sum due me during the life time of my said father, Martin Nebe. Dated at Sioux City, Iowa, this 3rd day of April, A.D. 1917. Signed Edith M. Nebe