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reMa <br />AM <br />I NOWN-1HALL r� JUN'li Y� <br />IN THE COUNTY COURT OF DAWSON COUNTY, NEBRASKA. <br />�N THE MATTER OF THE ESTATE ) <br />bF JAMES S.THOMAS,DECEASED: ) F I N A L D E C R E E <br />1 <br />SESSION OF THE COUNTY COURT OF DAWSON COUNTY, NEBRASKA, <br />BEGUN AND HELD THIS 14TH DAY OF DECEMBER,1929. <br />PRESENT: M.O.BATES, COUNTY JUDGE. <br />ow on this day this matter cage on to be heard upon the Final Report and Petition of Final <br />ettlement and Discharge of Hattie A.Thomas as Administratrix de bonus non, the hearing having <br />een continued from December 9,1929. Evidence is taken and the Court being fully advised, find <br />s follows: That heretofore on March 21, 1913, there was filed in the office of the County <br />ourt of Dawson County, Nebraska, an instrument purporting to be the last will and testament of <br />ames S. Thomas, deoeasedtogether with a petition of Frank W.Thomas, the object and prayer of <br />hick was for the probate and allowance of said last will and testament; that due notice of the <br />iling of said petition wets had by the order of the Court as shown by the record in said matter <br />on the 29th day of Apri1,1913, said will was by order of the Court duly proved and allowed <br />or probate; that on said date, a notice to creditors was issued and pu:lished for three conseQ <br />tine weeks in the Dawson County Pioneer of Lexington in said County*irstead of four consecutive <br />eeks publication as required by law. <br />hat afterwards on July 10,1917, the Executrix of said estate filed her Final report and Petits <br />'or Discharge and on Jixly 10,1915, a Final Decree was entered in said matter. The Court furthe: <br />'inds that the said Final Decree so entered, failed to include as a part of the Real Estate be- <br />onging to said deceased, Lots Four (4) and Five (5),Block Seven (7) in Baker's Addition to the <br />ity of Grand Island in Hall County, Nebraska and that said Real Estate was also omitted in the <br />nventory filed in said Estate. <br />The Court further finds that by reason of the improper publication of Notice to Creditors and <br />the failure to include within the Inventory and Final Decree, all of the property belonging to <br />said deceased and said property so omitted having never been administered upon, that said <br />original proceedings and Final Decree should be vacated and set aside and said estate fully <br />administered by the proceedings herein. <br />The Court further finds that due and legal notice has now been given to creditors and that no <br />claims have been filed against said estate and that the time for filing such claims as limited <br />by the order of this Court is now expired and that all claims not so filed are now and forever <br />barred; that the notice of Final hearing has been given according to law and the order of this <br />9ourt . <br />The Court further finds that said deceased at the time of his death was the owner of the legal <br />title to the following described real estate situated in Dawson County, Nebraska, to -wit: <br />Phe North Forty -four (44) feet of Lots Five (5) and Six (6) in Block forty -five (45) in the <br />original town of Plum Creek, now city of Lexington. <br />Lot Nine (9) and the best Half of Lot Ten (10) in Block Thirty -six (36) in the Original town o� <br />lum Creek, now city of Lexington. <br />of Three (3) in Block Twenty -four (24) in MacColl and Leflangs Second Addition to the town of <br />lum Creek,now city of Lexington. <br />ots Four (4) and Five (5) in Block Seven (7) in Bakers Addition to the city of Grand Island, <br />11 County, Nebraska. <br />Court further finds that all of the above described real estate was by the terms of said <br />