006-185 - Laserfiche WebLink

Browse

185 Whereupon the Court finds that due and proper notice by publication was given of the filing of the final report and of the hearing- thereon. That William H.Cushing died on the 26th day of August, 19331 testate, leaving an instrument in writing purporting to be his last will and testament. That a Petition was thereafter filed herein by Harry H. Cushing, son of said deceased, asking for the probate of said instrument and that admini istration proceedings be had herein in accordance with law. That due notice of the filing of said Petition and of the hearing thereon was published as provided and required by law. That on the 3rd day of October, 1933 by an order of court duly entered herein Stacia Cushing, surviving widow of said deceased was duly appointed as Executrix. That she qualified by taking the oath and filing the bond required and that she has been since said time and now is the duly appointed, qualified and acting Executrix of the Will and Estate of said deceased. That notice to creditors was thereafter duly given in accordance with an order entered herein which notice was for the purpose of fixing the time within which creditors might file claims against said estate. That the time for filing said claims in accordance with said notice has long since elapsed and that all claims against said estate not filed within said time should be 'k. and they are hereby forever barred. That an order was entered herein granting and allowing said Stacia Cushing, surviving widow, a monthly allowance of $500.00 during the pendency of the proceedings herein. That the instrument filed herein as and for the last will and testament of said deceased was duly and regularly admitted to probate by an order entered herein on the 3rd day of October, 1933• That said last will and testament, together with the certificate of probate is as follows, to -wit: "LAST WILL AND TESTAMENT CERTIFICATE OF PROBATE. THE STATE OF NEBRASKA Adams County ss. At a session of the County Court, held in and for said County, at OF WILLIAM H.CUSHING. I, William H.Cushing of the -city of Hadtings, Adams County, Nebraska, being of sound mind and memory, do hereby make, publish and declare this my last will and testament in words and figures following, hereby revoking all and any former wills by me made. FIRST, I direct that my funeral expenses, expenses of my last illness and the expense of the admi istration of my estate and all other just debts be first paid out of my personal property, and if that be insufficient, that the same be paid out of any other property of my estate. SECOND, I hereby give, devise and bequeath all the rest, residue and remainder of my estate, whether real or personal or mixed, and wherever situated, unto my beloved wife Stacie Cushing, hereby giving unto her all right, title and interest in and to said property to hold, manage, control, assign and transfer as in her judgment may seem best, hereby reposing absolute confiden< in my said beloved wife to handle said estate for the best interests of herself and our children, THIRD, I hereby nominate and designate as Executrix of this my last will and testament my belove( wife Stacie Cushing) and ask that she may be permitted to serve as such without bond. Dated this 14th day of January, 1928. Wm.H.Cushing, Testator. We, whose names are hereunto subscribed, do hereby certify that on the day of the date thereof, William H.Cushing subscribed his name to this instrument in our presence and in the presence of both of us, and declared at the same time in our presence and hearing, that this instrument was his last will and testament; and we, at his request, sign our names hereto in his presence and ii the presence of each other as witnesses. W.M. Whelan Edwin E.Cushing Witnesses. CERTIFICATE OF PROBATE. THE STATE OF NEBRASKA Adams County ss. At a session of the County Court, held in and for said County, at