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<br /> 3�ry1J CLOPRiBApTLETTCO..PRINTING,LITHOORAPHING.BTlTIONENY;OMqHA _
<br /> 1�,'CF�F�' w-
<br /> IN DIST�ICT COURT , HALL CO[J?�TTY� NEBRASKA.
<br /> Anna B.Thorne )
<br /> )
<br /> vs )
<br /> �
<br /> I,evi T/ Thorne� and Sarah Thorn�, his •�vife, ) 312.7. :�ECREF.•
<br /> )
<br /> and Eli �.B�.rnes, A�3ministrato.r of the )
<br /> )
<br /> estate of I3en�amin F.Tnorne. )
<br />' Now on this �a this cause car.;e on further for hearin�, uron the petitiort
<br /> Y
<br /> of Plaintiff and the answers o.f the defendants and t:�e re�lies of the Plaintiff thereto, and upon
<br /> evidenee submitted 'r�y said parties, �,nd the ar�,uments of their resgective attorneys, and said
<br /> cause '�ein� duly sul�mitted to the Court and the Court duly advised in the premises, doth fin3 for
<br /> the Plaintiff, and t:hha,t the facts and allegations set forth in her petition are true, and t:�at she
<br /> is entitled to the relief a� �rayeci fcr thereir..
<br /> �lle Ccurt furtner finds that at the time of the
<br /> execution of the deed described in said petition and in controversy herein, tha,t the said Plain-
<br />_ tiff and Ben�jamin F.T�iorne, now deceased, were husbarld and �vife, as alle�ed in s�id petition; that
<br /> the said deed was given by the said Ben�jdmin F.Thorne to the said Zevi T.Thorne, Defendant, in
<br /> trust and for the sole use and benefit of the Grantor therein, and dvas not intended by him, and
<br /> did not , convey any title, riE�ts or interest in said property described herein, to the said Zevi
<br /> T.Thorne, Gr�.ntee, and that the s�.id Grantee did not take or recei4e any title, right or intere�t
<br /> in or to the prerniaes �herein �escri'�ed or any part thereof by reason of aaid deed; that same was
<br /> not executed as by law requirea and tivas wholly null and void.
<br /> 2. The Court further finds tha,t at the time of the execution of said deed and for a long time
<br /> pri�x thereto the t:vo and one hwlf acres of said prsrnises describe� therein and situate in the
<br /> Northwest Quarter of the Northeast Quarter of Section 20, To;rrnship 11, Range 9 Nlest, in Ha.II
<br /> County Nebraska, immediately rvest of �9'est � s Sub-3ivision and North of the Union P�.cific Rai2road
<br /> Company' � right-of-���,�r, �ras �,he �ZOme�tead of the s�zid Een,iamin F.T?�orne, and �vas an� is of a less
<br /> value than �2, 000 and tha,t said deed purporting to convey said homestead without the �jointure and '
<br /> signature of Plaintiff Nas and is ab�olutely null and void; that said homestead above described
<br /> and all rents, profits and issues therefrom, ciid on the death of the said Ben,jamin F.Thorne, whicYa
<br /> occured on April 27th� 1906 pass and descend to his �avidoiv, Plaintiff herein, for her lifetime dis�
<br /> _ cha.rged of all cl�,ims or lien� for the debta of said deceased, and tha.t said plaintiff was and ia
<br /> entitled to recover all the re��s� issues and profits thexefrom from and after the date of the
<br /> death of the said Ben,jarnin F.Thorne,her husband; that the said Plaintiff as the tivife of the said
<br /> Benid:min �.Thorne, deceased, �ras and is seized of and entitled to a life estate in the remai.nder
<br /> of said property described in said �eed. to-»vit: - Lots 8, 9 and 10 in }31ock 3, and Lots, 6, 7,8, 9
<br /> and fractional ?O in Block 4, in West ' s sub-division o£ a �art of the Northwest Quarter of the
<br /> Northeast Quarter of Section 20, To�rrnship 11, Range 9, CDest, in Hall County, �ebraska, and is
<br /> entitled to all of the rents, �,nd profits therefrorn during her life time, su'o,iect �o the �ayment
<br /> of the debts, if �.ny, of s;�id �st�.te.
<br /> Th� Court further finds that the said Levi T.Thorne, Crantee, after receiving said deed as truste�
<br /> - � for said Ben�i�nin F.Thorne and prior to the death of the latter, collected the sum of Sixty Dol-
<br /> l�.rs as rental therefrom, �vhic�z amount he expended :for the benefit of the said Ben,ia.min F.Thorne
<br /> and for the ex�ense of his sickness and burial; tha.t so ,far as shov�n by the evidence the said Zev�
<br /> T.Thorne nas not received any flther or further �um from said property described in said peti,tion `
<br /> and in c ont r ove xsy he re in.
<br /> � The Court furtner Finds t_�at so far as shown by the evidence in this case, the said defendan'�
<br /> Eli A.Barnes, Administdrtor ha,s not received an�r rents or �rofits from said property and has none
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