|
- - ,
<br /> ��`�
<br /> _� ��
<br />� �!�/����'��'�'��������,�� } ��;��,�'�' _�� �
<br /> . __ - _ - , : -_ -_ __ _ - -_ _ -_ _ __ _ _ _ -- -- ____ __
<br /> -_ _
<br /> D..�.�_... . ��
<br /> IN THE DZSTRICT COURT OF HALL COUNTY,NEBRASKA. •
<br /> May Rainey,Regina Nix,
<br /> Julia Nolan and John �t.
<br /> Nolan, �
<br /> Plaintiffs.
<br /> DEC REE.
<br /> vs.
<br /> Leo Nolan and---_----
<br /> Nolan,first xeal name
<br /> unkno�rn,wife of Leo Nolan,
<br /> and James A.Nolan,a single
<br /> person,
<br /> Def enda.nts.
<br /> Now on this 5th. da.y of August,A. D. ,1924,the same being one of the r egular days af the '
<br /> June,192�,term of the District Court of Hall County,I�ebraska,this cause came on for hearing '
<br /> upon the motion of the Plaintiffs,by Mayer & Kroger,their Atto rney�b,�for the default of the
<br /> defendants,herein,and the Court having examined the record and files,and being fully advised !
<br /> in the premises,finds tha.t due and legal service has �een made in this action upon the de- '
<br /> fendants,Leo Nolan-and -------Nolan,first real name unkno�on,�ige of Leo Nolan and James A.
<br /> Nolan,a sin�le person,and that each and a11 of them have been duly served with sum�nons by
<br /> publication in the manner provided by law and as hereintofore ordered by the Court ,and said
<br /> defendants,and eacn of them being in default for answer,demurrer,or other pleading herein,
<br /> and the default of each and all of the defendants is hereby duly taken and entered.
<br /> And this cause comin� on further to be heard upon the petition of the plaintiff and the
<br /> evidence in support thereof was subm�tted to the Court,and the Court being fullq advised
<br /> in the premises,finds that the faets stated in plaintiffs' petition are true; that the Plain--
<br /> ti�fs in this action are da.ughters and son respec�.ively of Joseph F.Nolan,who departed thie
<br /> � life on the 27th. day of Apri1,1907,while a resident and inhabitant of Hall Countp,Nebraska;
<br /> that at the time of his death,he said Joseph F. Nolan was the owner in fee simple of the
<br /> southwest Qua,rter of section Fourteen (1�) ,Township Ten (10) North,Range T�velve (12) ,�Peet
<br /> of the 6th P. �1. ,in Hall County,Nebraska;that aaid Joseph F.Nolan left a last will and testa.. '
<br /> ment which was dulq admitted to probate in the County Court of Hall County,Nebraska,on the
<br /> 27th. day of Map,1907;that the will of said Joseph F. Nolan �s ambiguous,and the terma thereof �i'
<br /> confliot in that the Testa�or in said will devised to John �I.Nolan the East half of the
<br /> �
<br /> South�rest Quarter (E� S�t4) of Seetion Fourteen (14) ,Township Ten (7t0) North,Range Twelve (12) `�
<br /> V�est of the 6th.P. M. ,and devised to Julia Nolan the Southeast Qua.rter of the Southwest
<br /> ,
<br /> Qua.rter (SE� S�N�) of said 3ection Fourteen (1�) ,and to May Rainey and Regina Nix the 9outhwes�
<br /> Quarter of the Southwest Qua�rter (SCP4 S'��) and left the Northwest Quarter of the Southwest
<br /> Quarter o� $aid Section Fourteen (14) undisposed of.
<br /> The Court finds that said ambiguity and conflict in said �ill was a mistake on the part
<br /> of the acrivener,and that as drafter the will did not �xpress the true intention of Testator,
<br /> st�d:_that it was the clear intention oY the Testator to devise to John M. Aole.n the East half ':
<br /> of the Southwest Quarter (E�- SW�) of said Section Fourteen (14) ,to Julia Nolan the Southwest `
<br /> Quarter of the 3outh�eest Quarter ( S�P� 5�9�) of said 3ection Fourteen (1�-);and ta �ay Ra.iney
<br /> and Regina Nix the Northweat Qvarter of the Southwest Quarter (N�P� S��) of said Section Four-'
<br /> teen (14); that in the devise to Julia Nolan,the Testator ment ioned tha.t ahe is to receive
<br /> the Forty Acres on �hichthe buildings are Iocated,and that as a matter of fact the building s
<br /> ;,
<br /> are located on the Southwest Quarter of the Southwest Qua.rter (S�� S�V�) of said 3eotion Four- !
<br /> teen ( 1�);that it was the clear int entian of the Testator to degise to May Rainey and Regin3. �,'
<br /> Nix the Northwest Qua.xter of the Southwest Qua.rter of eaid 8ection Fourteen (14) ,as that was I�
<br /> _------ ---�----- -----_ ___---------------------- --- - --_. -- ----- --__ _ -- _-_------ __ _____-- _----- ij --
<br /> ___ ______
<br /> ��
<br /> �:
<br />
|