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7 <br />fl <br />AM 6 E-9-11 VD91,317 <br />In the Matter of the Estate of ) <br />1 ) <br />John J.Fitton,Deceased. ) <br />Now on this day come Henry R.Fitton, John M.Fitton and William R.Fitton, and produce in open <br />Court an instrument in writing purporting to be the last will and testament of John J.Fitton, <br />deceased; and present also their petition praying that said will be admitted to probate, and <br />that Letters Testamentary thereon be issued to them, the said Henry R.Fitton,John M.Fitton, and <br />William R.Fitton, Executors therein named; and make proof of the filing of said petition, and o <br />the mailing of copies thereof to Robert Fitton Sears, and Janet Sears, which said proofs are by <br />the Court approved. Now also come Katherine C.Sullivan, Edward P.Fitton, Bernard J.Fitton, <br />Henry R.Fitton, John M.Fitton, William R.Fitton, and Russell A.Fitton heirs and legatees of <br />John J.Fitton, deceased; and enter their appearance in writing filed in said cause, waive notic <br />and consent to the probate of said will. It is now ordered by the Court that W.E. Gilmore, an <br />Attorney-of this Court be and is hereby appointed guardian ad litem for Robert Fitton Sears, <br />and Janet Sears,mmnors, and thereupon said guardian ad litem files his answer in writing in sal <br />cause on behalf of said minors. <br />And said petition being heard on evidence adcauced, upon consideration thereof, the Court finds <br />that John J.Fitton late of the County of Champaign, State of Illinois, depoarted this life on <br />the 6th day of December-A.D.1929 leaving said writing as and for his last will and testament. <br />The Court further finds from the testimony of Ida L. Luther , W.J. Dolan, and Peter P. Schaef er, <br />subscribing witnesses to said will, who appear in open Court, and upon their several oaths <br />testify that they were present, and that said testator acknowledged the.same to be his act and <br />deed; that they signed said instrument as witnesses at the request, and in the presence of saic <br />testator, and in the presence of each other;. that they believed and do now believe that said <br />testator was of sound mind and memory, of lawful age, and under no constraint at the time of <br />signing and acknowledging the same. <br />Upon consideration of said cause, the Court finds that petition was verified, copies mailed, <br />appearances entered, and said instrument of writing signed and witnessed as required by law. <br />It is therefore ordered and adjudged by the Court that said instrument of *rriting be and is <br />hereby admitted to probate and ordered recorded as the last will and testament of John J.Fitto <br />deceased. It is further ordered by the Court that Henry R.Fitton, William R.Fitton, and John <br />Fitton be and are hereby appointed Executors of said estate to serve as such without bond acco <br />ing to the terms of said will, and that Letters Testamentary be issued to them. It is fvther <br />ordered that fee of guardian ad litem be fixed at the sum of Ten Dollars. <br />STATE OF ILLINOIS ) <br />CHAMPAIGN COUNTY SS. Is Fred Hess, Clerk of the County Court of Champaign County, in the <br />State aforesaid, and keeper of the Records, Files,and Seal of said Court, do hereby certify <br />the above and foregoing to be a true, perfect and complete copy of Affidavit of Witnesses to <br />Will, and Order Admitting Will to Probate in the Matter of the Estate of John J.Fitton,Deceam <br />as appear from the records and files in my office remaining. <br />In Witness Whereof, I have hereunto set my hand and affixed the Seal of said Court of Urbana <br />in said county this 24th day of July A.D.1929. <br />Fred Hess, Clerk <br />(SEAL) <br />I <br />CERTIFICATE OF PROBATE <br />I <br />The State of Nebraska I, Warren Riggs, County Judge of said County, do hereby certify <br />Werrick County ss. that the attached instrument was on this 21st day of August,1929, <br />duly proved, in this court, and found and decreed to be the Last Will and Testament of the sa <br />71 <br />, <br />, <br />d- <br />0 <br />