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<br />JZCM
<br />IN TIM COUNTY COURT OF IiALI, COUNTY, NEBRASKA
<br />In the matter of the Estate of )
<br />IMCREN
<br />TOHN BENSON,receased j Now on this 16th day of February,1920,this cause came on
<br />for hearing upon the petition of Mary E.Koeplin,a duughter,and one of the heirs at law of said �
<br />John Benson,deceased,praying for a settlement of the estate of said John Benson,a determination
<br />of his heirs to the right of descent of his real property;and it appearing from the proof on fill
<br />herein,that due and legal notice,,by publication for three consecutive weeks,in a newspaper pub -
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<br />lashed in said eounty,as by law and the orders of this court require,had been given to all e.red -1
<br />itors,hei.rs and persons interested,in the said estatelof the filing of said petition,and of the
<br />time and Mace for hearing thereon,b.s fixed by this court,which time was more than thirty days,
<br />and less than sixty days, after the filing of said petition;and there being no objections made
<br />thereto,the said cause was duly submitted to the court upon said petition,and the evidence of thl
<br />Petitioner in support thereof,J.H.Woolley appearing as attorney in the case.
<br />And said cause being duly submitted to the court,and the court being duly and fully advised in
<br />the premises finds that the allegations of said petition are true;that said John Benson died in-
<br />testate in Ball County,Nebraska, on or about the llth day of February,1907; that he was at the time
<br />of his death,a resident of hall County.liebraska;that more than two years had elapsed prior to the
<br />filing of said petition since his said death;that no application had been made in the state of
<br />Nebraska for the appointment of an Administrator,of his estate,either by his heirs or by any per-
<br />son claiming to be a creditor of said deceased,or otherwise.
<br />The Court further finds that said Tohn Benson,deceased,left surviving him as his heirs,and his
<br />only heirs at law,under the laws of the state of Nebraska,as they existed at the time of his dent
<br />the following named persons :The petitioner. Mary E. Koeplin,a daughter;Katie Johnson,a daughter;
<br />John W.Benson, a son;and Samuel H.Benson,a son; and that all of said persons were more than
<br />twenty -one years of age prior to the filing of said petition;and that he also left surviving him
<br />I ary Jane Benson,, his widow. .
<br />The Court further finds that said deceased,John Benson,died seized in fee simple title,(being
<br />wn estL.te of inheritance) of the following described real estate; Lilts One (1),Two (2) and Three
<br />(3) and Fractional Lots Six (6),$even (7) and Fight (8) in Block One Hundred Fifty -one (151) of
<br />j Union Pacific Railway Company's Second Addition to Grand Island,Hall County,Nebraska,as surveyed,
<br />platted and recorded; that said premises were used and occupied bV the said John_Benson,and his
<br />widow,11ary Jane Benson, as a home and residence on and prior to the date of his death, and was
<br />their homestead at that time..
<br />The Court further finds that under the law of descent, in the state of Nebraska., the above des -
<br />cribed real estate passed and descended upon the death of the said John.'Benson,to the above named
<br />heirs as tenants in ccmrrmon,as follows: An undivided one - fourth part thereof to each of said Mary
<br />F.Koeplin,Katie Johnson,John W.Berson and Samuel H.Benson,by operation of law,subjeet however,
<br />to the dower and homestead rights during the natural life of the widow of said John: Benson, Mary
<br />Jane Benson,and sub,i
<br />*E ie,.c�t��to her use and benefits under her said dower and homestead rights thereto
<br />IT IS THF'r0RE,c4ndidered and decreed,by the Court, that said deceased died intestate more th"
<br />A
<br />two years prior to the filing; of said petition; that: no administration had been had or applied
<br />for,upon his estate in the state of Nebraska;that he died seized in fee simple of an estate of
<br />inheritance situated in* Hall County, Nebraska, as above set forth,in Hall County, Nebraska, where. he ii
<br />was a resident at the time; that he left surviving him as his heirs,and only., heirs at law, the abovl
<br />flamed sons and daughters who bear that degree of kinship to him; and that said above described
<br />real estate passed and descended to them by operation of law,as follows: An undivided one' - fourth j
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