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T IN THE MATTER OF THE ESTATE <br />OF <br />ELIZABETH OPP,DECEASED. <br />57 <br />This matter coming on to be heard on this 3rd day of November, 1936,upon the final report of John <br />Luebs,Executor and for the final settlement of the aforesaid estate,and the Court being fully <br />advised in the premises,finds that Elizabeth Opp departed this life on the 1st day of July,1932, <br />a resident and inhabitant of Hall County,Nebraska;that on the 10th day of October,1932,a petition <br />was filed in this Court,off ering for probate a document purporting to be the last Will and Test- <br />ament of Elizabeth Opp,deceased, that a time was fixed and notice given,as by law provided,for <br />hearing upon said petition;that on the 1st day of November,1932,said document purporting to be the <br />last Will and Testament of Elizabeth Opp,deceased,was duly admitted to probate;that John Luebs <br />thereupon furnished bond and was duly appointed Executor of the last Will and Testament of Eliza- <br />beth Opp,deceased,as herein provided. <br />The Court further finds that due notice was given to the creditors of the time and place fixed <br />for filing and hearing of claims , that such time has fully expired, that all claims filed and allow- <br />ed have been paid,that the expenses of administration,including court costs,executor's fees and <br />attorney's fees have been paid. <br />The Court further finds that the said Elizabeth Opp left,as her sole and only,,hat -law; <br />Erhard M.Opp,Johh G.Opp,Frank Opp,Peter Charles Miller,William Opp,Lena Michelsen and Emma Luebs, <br />who are the devisees and legatees named in said, fill and Testament. <br />The Court further finds that said estate is not subject to any state or Federal inheritance taxes) <br />The Court further finds that the said Elizabeth Opp at the time of her death was the owner of they <br />following described real estate; An undivided one -third interest in the Southwest Quarter of the <br />Northeast quarter (SWJ NEJ) and Lots Three'(3) and Four (4),Mainland,in. Section Twenty -three (23) <br />Township Ten (10),North,Range Eleven (11))17est of the 6th P.M.,Hall County,Nebraska,said entire <br />tract containing about 115.20 acres more or less;and An undivided one -third interest in Lot Four <br />(4),Island,in Section Twenty-four (24),Township Ten (,10),North,Range Eleven (11),West of the 6th <br />P.M.,Hall County,Nebraska,said entire tract containing about 20 acres more or less; that said <br />real estate was devised under said last Will and Testament tc Erhard M.Opp,and that possession <br />of said real estate has been given accordingly. <br />The Court further finds that the said Executor has in his possession a promissory note of Frank <br />Opp,on which a balance of $200.00 and interest remains due and payable;also a claim against the <br />receiver and trustees for certain of the depositors of the Farmers State Bank,Wood River,Nebrask , <br />for a proportionate share of dividends to be paid on a deposit in said bank at the time of its <br />receivership;that said items constitute a part of the residuary estate of said Elizabeth Opp, <br />deceased,and by the terms of her last Will and Testament were bequeathed to Peter Charles Miller, <br />;Gilliam Opp,Lena Michelsen and Emma Luebs,share and share alike,and that said Executor is hereby <br />authorized and empowered and directed to assign said note and claim to the said residuary legatees. <br />The Court further finds that said report is true and correct in all things and ought to be,and <br />is hereby approved and allowed as and for the final report of John Luebs,Executor,and he is here- <br />by discharged and released from his bond. <br />IT IS,THEREFORE,ORDERED,ADJUDGED AND DECREED BY THE COURT that all claims against the estate of <br />Elizabeth Opp, deceased,not filed herein,if such there be,are hereby forever barred and preclude . <br />IT IS FURTHER ORDEEED,ADJUDGED AND DECREED BY THE COURT that the undivided one -third interest in <br />the real estate as herein above described be devised to Erhard M.Opp to have and to hold the sam <br />absolutely. Paul N. Kirk <br />County Judge <br />