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In the name of God amen, I Ellen Todd of Elba in the county of Winona and state of Minnesota being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and testament.
First, I order and direct that my executor hereinafter named, pay all my just debts and funeral expenses, as soon after my decease as conveniently may be.
Second, after the payment of such funeral expernses and debts, I give, devise and bequeath to my son Herbert P. Todd the sum of fifteen hundred dollars ($1,500).
Third, I give, devise and bequeath to my son Lorenzo U. Todd the sum of two hundred dollars ($200).
Fourth, I give, devise and bequeath to my grandchild Leon Sherwood the sum of two hundred dollars ($200).
Fifth, I give, devise and bequeath to my daughter Francis Gilmore the sum of five hundred dollars ($500).
Sixth, I give, devise and bequeath to my daughter Lena Churchill the sum of five hundred dollars ($500).
Seventh, I direct my executor to sell all the property, real, personal and mixed of which I die possessed and pay the aforesaid legacies as soon after my decease as conveniently may be.
Eighth, All the rest, residue and remainder of my property after payment of the aforesaid legacies, I give devise and bequeath to my four children herein before named, share and share alike, unless the same is disposed of under the other provisions hereof.
Provided however, that if my son Lorenzo U. Todd shall file with the Probate Court in the county in which this will is probated an instrument in writing, setting forth his intention and willingness to take all the property, real, personal and mixed of which I die possessed, and to pay the aforesaid legacies and shall also file a bond with said court, to be approved by said court, conditioned to pay the aforesaid legacies, within two (2) years, from the date of my decease, with interest thereon from the date of my decease until paid, at six (6) percent per annum, which said instrument and bond are to be so filed within thirty (30) days from the date of the admission of this will to probate, then in that event I give, devise and bequeath to said Lorenzo U. Todd all the property of which I may die possessed, both real, personal and mixed, subject however to the payment of the aforesaid legacies and all of them within two (2) years from the date of my decease with interest thereon from the date of decease till paid at the rate of six (6) percent per annum and said legacies and each of the are hereby made a specific lien on all of said property of which I may die possessed until the said legacies are paid. In the event that the said Lorenzo U. Todd, fails to file said instrument and bond as herein before provided, then the said property of which I may die possessed is to be sold and disposed of as hereinafter directed.
Lastly, I make, constitute and appoint Herbert P. Todd, my son, herein before mentioned to be executor of this my last will and testament hereby revoking all former wills by me made.
In testimony whereof, I have hereunto subscribed my name and affixed my seal, the 15th day of February in the year of our Lord one thousand nine hundred and six.
Ellen Todd (seal) This instrument was on the day of the date thereof, signed, published and declared by the said testatrix, Ellen Todd to be her last will and testament in our presence, who, at her request have subscribed our names thereto as witnesses, in her presence and in the presence of each other.
Miss Bessie M. Ray residing at Elba, MN
Fred C. Campbell residing at St. Charles, MN
In probate court, I D.E. Vance, Judge of the Probate Court in and for said county and state, hereby certify that the foregoing and annexed instrument was this day duly proved and admitted to probate in said court as and for the last will and testatment of Ellen Todd, deceased.
Witness my hand and the seal of said court this 21st day of April A.D. 1906
D. E. Vance, Judge of Probate