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YAL M0 WINE NERIND Mo.
<br />42854-- KLOPP6. BARTLETTGO..PRINTING.LITHOGRAPH I NG.STATIONERY; OMAHA
<br />`1 In the Distri ^t Court of Dc ^alas County, te;�raska.
<br />Margary H . Smullin, Mary J . Fry, I sabe ll C .hoover, William Boggs, )
<br />James H.Bog s, Eva Eliza Ii.Houhton, Ella Houghton, Evaiougiiton ))(
<br />James Houghton, John Q.) Riley Riley Houghton, William Foster
<br />Boggs, Harris Leroy Bog(-s, Mary Katherine Grimoldby, Robert M. }
<br />Boggs, George Ii.Bog s, Jades F.rsog s, Marjorie h4.Cook, Sidney )
<br />B.Drake, William A.Dral:e, John P.Drake, Josephine Goettel, and )
<br />Ruth Houghton Brown, a minor, Plaintiffs. )
<br />Doc. 79. No. 177.
<br />Findings and decree.
<br />_VS_ ) Journal 113 Page 70.
<br />Ida 1A.Wharton, and John C.Nharton, and John C.Wharton, `)
<br />}
<br />Trustee, as successor in Trust under the last Will and Testa -
<br />iiient of reor&e H Bos Fs Deceased. Defendants.
<br />This cause came on to be heard by the court on the 12th Clay of Nover;ber, 1907, pursu-
<br />ant to the mandate of the Supreme Court of Nebraska, filed in this cause on the 9th day of Oct -
<br />ober, 1907, and upon the issues joined between the parties, and the court having heard all the
<br />evidence and the arguments of counsel, the cause was submitted to the court on the 1st day of
<br />February, 1908, and taken under advisement by the court. Now, on this first day of June,
<br />1908, the court being fully advised, finds the following facts, to -wit:
<br />(1) George H.Bogc-s died testate in T'IdZlas County, Nebraska, on the 1st clay of June, 1895,
<br />leaving surviving him his widow) Ida M.Boggs, now Ida 1A.Wharton, and the following heirs- at -1,Ta:
<br />Margery H.Srlullir., si;:�ter, Robert H..Roggs, brother; Esther Ann Drake, sister; Nary J.Fry, sister
<br />Isabell C.Hoover, sister; William Boggs, brother; James H.Boggs, brother; John IV.Boggs, brother;
<br />and Eva Eliza IL.Houghton, Ella Houghton, Minnie Houghton, Jai >.ies Houghton ,- d Riley h-u hton, being
<br />the issue and only children of Fnr:ia Ii(.. )ughton, a sister of said George H1.Boggs, deceased; said
<br />c�
<br />surviving irothei's and sistors, and ^ hildren of theAdeceased sister, being of the heirs -at-
<br />law, of the said {wore Ii.Boggs. That during the pendency of this action the said Robert.
<br />Boggs c'ie ante, this life, and tl;.e plaintiffs,
<br />William Foster Flog s, Harris LeRoy Boggs, Diary Katherine Grimoldby, Robert 1.1-Boggs, George
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<br />I?.Boggs, James E.Bog s and ;iarjorie Cook., are the issue and only children of the said Robert 1411
<br />Boggs. And the said Esther A.Drahe also departed this life, and the plaintiffs.
<br />8idnry B.I:1rake, William i�.Drake, John D.D1 °al:e, :r_d Josephine soettel, re the issue and only
<br />children of the said Esther t_.Prake. And the said I1inr_ie: Houghton also departed this life,
<br />leaving st- rviving her, her child and only issue, Ruth 'rlouhton Brown, a minor, over the age of
<br />fourteen years. All of t'r:e issue of deceased plaintiffs have joined with the surviving plaint-
<br />iffs in the petit ion herein..
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<br />The said rxeurge H.Ba�gs lefty a last will and testanient which laas duly probated in the
<br />County Court of Douglas County, 1'?obraska , and is in words and figures as follows, to -wit:
<br />WILL OF 1895. I, George H.Boggs, of Oiiaha Nebraska, being of sound mind and memory, and
<br />realizing the uncertainty of this riorta.l life, do hereby Make, and publish this, my last Will
<br />and Testament . FIRST: I do hereby revoke and cancel any and all former wills rude by me.
<br />SECOND. I give, . devi�;e and bequeath to my beloved wife Ida 31.Roggs, absolutely and unccndition-
<br />ally our horse property, being Lots Or_e (1) and Two (F) in Blo ;k Fifty- 4-wo(5N) in the City of
<br />Omaha, Douglas County Tiel- r_aska, tobcther with the buildings, inprovei,.ents and appur-11enances thereon
<br />and including everything we use in connection with the same in the way of furniture, household
<br />goods, horses, cax-riages, and everything contained in our house or stable on said lots, to have
<br />and to hold all or' the sane absolutely and unconditionally in her own right forever.
<br />THIRD. I give and bequeath to my said -,.,rife absolutely and unconditionally all the personal
<br />property of xhatsoever n::4.ture of ti;rhich I mwy die seized and possesses;, including Notes, Mortgages,
<br />Stocks, Fans;;, City or C �urts� Tarraits , ^erj ificates of Depo, it, Cash or. hand or in Bank, 41ining
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