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<br /> e��I.IJ—CLOPPA BARTLETTGO.,PRINTING,UTH06RAPHING,STATIONEAY:OMpHA
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<br /> AFFIDAVIT:- ��, _ _
<br /> STATE OF CALIFORNIA ) -
<br /> } SS. AFFIDAVIT.
<br /> COUNTY OF LOS ANGELES }
<br /> Ella M. Counts, being first duly sworn, deposes and says tnat sne was barn in Baldwin
<br /> (then Freemont ), in tne State of Iowa, uporl tne 20th �iay oP I�arch, 1g65. Triat ner Patner� s name
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<br /> was Henry Zook, her motner� s name wa� Christina ZooK, tna� ner fatner died at Montana, Kan. on
<br /> - the 24tk� day of December, 1g78 : tha,t sne had a brot'rier named Nevada Snerman Zook, �v�o was born on
<br /> the lOtn day oP August , 1g66 an�i �f ed at Gra,r�d Isl�,n�i, Nebxaska, on the 21st �ay of Juna, 1g92.
<br /> � That all of the cnildren in said Pamily were n�rself and her brother axid tnere were never ax�,y
<br /> otner brotner or sister and tnat her motner, Cnristina Zook ar.� nerself were trie sole and only
<br /> heirs of Nev�da Snerman Zook. An� that about trie year 190� , her mother , Cnristian Zook, married '
<br /> �.K.Welcri and na:�r resi�es .vitn nim as husband and v�rife in Wastlin;ton, Ka.nsas.
<br /> Tna� ner said brother, Neva�a Sherman Zook, was usually c�,lled an�i known by the na,me af
<br /> Sherman Zook. Th�,t on aRay 21st , 1�36 ne �urenased an� a warranty �eed v�*as �iven �c him under the
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<br /> name of Sherman Zook for Lo�s tnree (3 ) a,nd four (4) in Block nine (9) ot' Clark� s A�dition to
<br /> Gran� Islan�, Nebraska by Hu�;n G. Clark a,n� sai� d�ed is recor�ed in Book 7, of Dee�s at gage 192 '
<br /> of tne records of Hall County, Nebraska.
<br /> Tnat ugon tne deat�. of ner brotner , tne sai�i Snerman Zaok, tnat no attorney v�Tas employed to
<br /> pr�bate nis estate, but tnat cert�in pa,��rs were �rawn by frier_�s and her mo�ner was asked to sigr�
<br /> them, wnicn sne �id �ritnout paying close attention to tne contents #,�ereoP, to save the costs of
<br /> h�.n�ling sai� estate in a �roger manner witn an attorne,y to look after tn.e interest of t�.e two
<br /> h�irs i.e. ner motner and nerself: and tnat in said estate � final �ecree was Entered in wnich it
<br /> was wrongly an� falsely set out that at �he deatn of rier bratner, Snermar� Zook, tnat tne only �eir
<br /> � �
<br /> that ne left was ner mother, Cnristina, Zook, v�nen tne trutn of tn�: matter and tr�e Pacts were �hat ;
<br /> her brotner left as'�''�n�irs, nerselP an�3 ner niotner. And t�iat of tnis fact and of tne entry of
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<br /> 'his final �ecree, sne had no notice until t±�e montn of December, 1914, wnen affiant was so a�- '
<br /> vised by Bayard H. Paine of Grar�� Islan�, Nebraska. Y �
<br /> , Tnat C�er. brotrier, Srierman Zook, die�i in�estate and n��3 never b�en married and left no heirs
<br /> save as herein sef ou* , that at tne time of the deatn of ner brotner, Sn�rman Zook, ne owned lot
<br /> six (6 ) in Block twenty two (22 l , P�,cker �c �3arr� s Second A��ition to Grand Islan�i, Nebra,ska, Lots
<br /> six (b ) an%� ei�nt (g ) in Block fiftec�n �.(l�) in �carff� s A�ldition to West Lawn, an a��ition in Hal�
<br /> Coun�y, Grand Tsl�.nd, Nebraska, tnat ne own�� lots tnree (3 ) an� four (�+) in Block nine (g ) of H:
<br /> G.Clark� s A!��ition to Gran� Island, Nebraska tn�.t rie a�ned lot Pourte�n (14 ) in Garland pl�.ce, a i
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<br /> sub�ivision of section 23 township 11, nortn , ra,nge, ten (10 ) West in Hall County, Nebr�,ska, and �
<br /> that rie owned a one fourtt� interest in lot five ( 5 ), six (6 ) an� .�welve (12 ) in Block triree (3 )
<br /> in the Villa�e or town of lti4onta.na, Labette �ounty, Kansas.
<br /> Tnat at tne time oP ni� �eat�. ner bro�er was a resi�ent of Grand Islan�i, �all County, Neb-
<br /> raska, an� that section 30 of Cnapter 2� �f tr�e Compi_)' e�i Statutes of the State of Nebraska, sai�
<br /> chaFter being entitled ��Dece�ents�� and in foree at tn� �ate af nis �e�,th anfl particularly refer-
<br /> ;
<br /> rinra to tne tn.ird paragra�n of said section, wnicr� ��ar�,gr�,pn reads; 3rd. ��If he snall nav� no is- �
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<br /> sue r�or widow nor fatt�er t�e estate ;�h�}�ll desc�nd in equal snares to�nia brotners an�i sisters and ;
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<br /> to th� cnildreri of any �iecease�l brotner or sister by ri�rit of representation; provided tnat ne
<br /> snall nave a motner also , she shall tak.e an equ al snare witn nis brotners and si�ters. ��
<br /> AND ��VHF'REAS b,y said section of tne St�,tute nerein above quote�, in force at tne date of the
<br /> � �ieat� of ner �rotrler, she is an equa,l r�eir witn ner motner in tne property nereinabove set out ,
<br /> sne nerelay states tn�.t she r�as th#�s �iay exeCUted a yui� cla i r� conveyin� all of my interest in
<br /> sai� FroFerty to Ba,yard H. P��.ineyof Gran�i Islan�:; Net�raska, except tne grogerty located in tne
<br /> State of Kansas. An� furtner `�ex�nent sait� `n�'t.
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