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I -I C! I., <br />1 <br />1 <br />n <br />1 <br />DECREE:- <br />R. J. Dill, <br />-vs- <br />111111111111 Ms2 <br />IN THE DISTRICT COURT OF HALL COUNTY, NEBRASKA. <br />Plaintiff, <br />Edward H. Hostler and R. R. Horth, <br />as executors of the last will and <br />testament of Thomas Hostler, de- <br />ceased, Johanna Hostler, Thomas <br />Hostler, Goldie Hostler, William <br />Hostler, Ruth Hostler, Edward H. <br />Hostler, Bertha Hostler, Margaret ` <br />Hostler, Agnes Hostler, and Irene <br />Hostler, Defendants' <br />D E C R E E . <br />2'1 <br />Now on this 22nd day of August, 1916, this cause came on to be heard, and the court having <br />examined the records and files herein, finds that the defendants and each and all of them have <br />been duly served with summons in this action, and that the defendants Edward H, Hostler and R. R. <br />Horth, as executors of the last will and testament of Thomas Hostler, deceased, Johanna Hostler, <br />Thomas Hostler, Goldie Hostler, William Hostler, Ruth Hostler, Edward H. Hostler, and Bertha Host. <br />ler, and each of them, are in default for answer or other pleading, and the default of said de- <br />fendants Edward H. Hostler and R. R. Horth, as executors of the last will and testament of Thomas, <br />Hostler, deceased, Johanna Hostler, Thomas Hostler, Goldie Hostler, William Hostler, Ruth Hostler <br />Edward H. Hostler, and Bertha Hostler, and each of them, is duly taken and entered, and it appear <br />ing that the defendants Margaret Hostler, Agnes Hostler and Irene Hostler are minors, it is here- <br />by ordered, adjudged and decreed by the court that J. L. Cleary, an attorney at law at this bar, <br />be and he hereby is appointed as guardian ad litem for the said Margaret Hostler, Agnes Hostler <br />and Irene Hostler, minor defendants, with leave to answer instanter. <br />And this cause coming on further to be heard, upon the petition of the plaintiff and the <br />answer of J. L. Cleary as guardian ad litem for Margaret Hostler, Agnes Hostler and Irene Hostler <br />minor defendants herein, and tAe testimony, and the court being fully advised in the premises, <br />finds that the facts stated in plaintiff's petition are true, and that plaintiff is entitled to <br />the relief therein prayed. <br />The court further finds that on the 9th day of January, 1912, and for a long time prior <br />thereto, one Thomas Hostler, now deceased, was the owner in fee simple of the following describe <br />real estate, situated in the county of Hall and state of Nebraska, to -wit: Lot Number One (1) <br />in Block Number Thirty -seven (37) of Charles Wasmer's Addition to the City of Grand Island; that <br />on the 9th day of January, 1912, the said Thomas Hostler, now deceased, and Johanna Hostler, his <br />wife, one of the defendants herein, entered into a written contract with the plaintiff for the <br />sale of the real estate above described for the sum of $700.00, and that there is still due upon <br />said contract from the plaintiff to the estate of the said Thomas Hostler, deceased, the sum of <br />$110.00, with interest thereon at the rate of six per cent. per annum from the 9th day of July, <br />1916; that said written contract of sale was, on the 20th day of May, 1915, duly recorded in the <br />office of the Register of Deeds of Hall county, Nebraska, in Book 'IN" of Miscellaneous records, <br />at Page 106, of the records of said office; that on or about the 16th day of May, 1915, the said <br />Thomas Hostler, mentioned and described in said written contract, departed this life, testate, at <br />his home in Hall County, Nebraska; that the last will and testament of the said Thomas Hostler, <br />deceased, was, on the 16th day of June, 1915, duly proven, allowed and admitted to probate in th <br />county court of Hall county, Nebraska, and tnat the defendants Edward H. Hostler /and R. R. Horth <br />were duly appointed as executor thereof, as in said will provided, and are now the duly appointe <br />qualified and acting executors of the estate of the said Thomas Hostler, deceased; that adminis- <br />tration upon the estate of said Thomas Hostler, deceased, is still pending in said court; that <br />the said Thomas Hostler left surviving him as his heirs at law, legatees and devisees, and his <br />only heirs at law, legatees and devisees, the defendants Johanna Hostler, his surviving widow, <br />