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<br />IN54-- KLOPP& BARTLETTCO.. PRINTING. LITHOGRAPHING .STATIONERY;OMC -hA
<br />We, whose names are her to subscribed, do certify that Henry Schimmer, the Testator,sub-
<br />scribed his name to this instrument in our presence and in the presence of each of us, and de-
<br />clared at the same time in our presence and hearing that this instrument was his last will and
<br />testament, and we at his request and in his ptesence and in the presence of each other, have
<br />subscribed our names as attesting witnesses hereto.
<br />F.J.Pah2, Grand Island, Nebraska,
<br />Louis Veit, Grand Island, Nebraska,
<br />Hugo H. Meves, Grand Islan_i, Nebraskai
<br />IN COUNTY CODRT,HALL COUNTY, NEBRASKA.
<br />IN THE MATTER OF THE ESTATE OF
<br />DECREE.
<br />HENRY SCHIMMER #
<br />DECEASED. #
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<br />Now on this 27 day of August, 1910 this cause came on to °be ;heard upon the
<br />petition and final report of Christine Schimmer, Executrix of the testate estate of Henry
<br />Schimmer, Deceased, and it appearing from the records o- this cause that due and legal notice,
<br />as by law and the order of this Court required, has been given to all creditors to file their
<br />claims against said estate, and that all claims filed:, including the costs od administration,
<br />have been duly paid,by said Executrix, it is by the Court ordered and adjudged that all other
<br />creditors if such there be who have ftiled to file 'their claims against said estate, are.for-
<br />ever precluded from Odoing, and all unfiled claims are forever barred.
<br />The Court further finds that due notice of the filing of said petition and final report
<br />has been accepted by all of the heirs and other persons interested therein, and that no object-
<br />ions have been made to the approval thereof.
<br />The Court further finds, on examination of said report of said Executrix, that same is
<br />in all respects true and correct and should be approved.
<br />The Court further finds that clause six of the last will and testament of said deceased
<br />was indefinite and uncertain as to its meaning and purport anti that on,August 13th 1910, upon
<br />hearing of a petition filed by Christine Schimmer, Executrix/of said estate, for an interpretation
<br />and construction of said clause Six, which petition was joined in by all of the devisees and
<br />heirs at law of said Deceased, this Court being duly advised in the premises, rendered in this
<br />case a decree construing said clause Six in accordance with the true meaning and intent of said
<br />testator, which decree was approved and agreed to in writing by all of the devisees, legatees
<br />and heirs at law of said deceased; that for the purpose of giving the true meaning thereto and
<br />for the guidance of the Executrix and a settlement of all controversy between the heirs, devisees
<br />and legatees of said estate, the following construa ttan.of>'said will was made by this Court:
<br />".The Court finds ,that the.said Henry Schimmer,Testator, after devising to his said sons
<br />August Schimmer, Henry Schimmer, Otto Schimmer and Berny Schimmer the several tracts of land as
<br />set forth in the third, fourth, fifth and sixth clauses of his said will,intended thereby to
<br />charge against said tracts of land the $9500 to be paid by them as set forth in the sixth clause
<br />thereof,above refered to. That the $3500 to be paid to John Schimmer by August, Henry., Otto
<br />and Berny Schimmer should be paid in the following proportionate amounts:
<br />By August Schimmer the sum of 921.06
<br />By Henry Schimmer the sum of 1105.26
<br />By Otto Schimmer the sum of 736.84
<br />By Berny Schimmer the sum of 736.84 .
<br />That the remaining $6000 bequeathed under clause-.six of said will was intended by said Testator
<br />to be paid by the devisees named in said third', fourth, fifth and sixth clauses of said will in
<br />the following proportionate amounts:
<br />By August Schimmer the sum of $1578.94 and that the same is a lien upon the Southeast
<br />Quarter of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter and the North
<br />half of the Northeast luarterof Section 24, Township 11, Range 9, Hall County, Nebraska,in .favor
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