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<br />E.IJ C�USTINE CO,•.'842 -5!3
<br />A
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<br />iOn this 9th day of January, 1937
<br />this matter came on to be heard upon the petition of the executo�s
<br />'for the final settlement of this estate, and the report and account of the executors, and the evi-
<br />dence, and was submitted to the court upon consideration whereof the court finds:
<br />;That due notice has been given of the pendency of said petition, report and account, and.of the ti
<br />=and the place of this hearing as provided by law, and the order of this court, and this is the tin
<br />;fixed for said hearing; that this court has acquired and has jurisdiction over all of the persons
<br />linter(�sted herein, and the subject matter of this proceeding.
<br />That Robert A.Binfield died testate on the 15th day of December, 1935, a resident of Adams County,
<br />Nebraska, and he left surviving him as his heirs at law, next of kin, legatees and devisees, the
<br />following named and described persons:
<br />Olive A.Binfield, widow, Hastings, Nebraska.
<br />Olive Ruth Hart, daughter, Tempe, Arizona
<br />-Rosa Ann Binfield, daughter, Hastings, Nebraska.
<br />Robert L.Binfield, son, Hastings, Nebraska
<br />Richard A.Binfield, son, Hastings, Nebraska.
<br />That each and all of said persons are of legal age, and the deceased left surviving him no other
<br />son or daughter, nor the child or children of any deceased son or daughter.
<br />That the will of the deceased was duly examined, proved and probat4d herein on the.14th day of
<br />EJanuary, 1936, and Sidney M.Binfield and Bert Mott were by the terms of said will, and the order
<br />of this court, designated as executors of the will and estate of the deceased, and they duly qual-
<br />ified as such, became and are the duly appointed, qualified and acting executors of the will and
<br />estate of the deceased; that the will of said deceased, and the certificate of probate is as foil
<br />I, Robert A.Binfield, of the City of Hastings, State of Nebraska, do hereby make, publish and de-
<br />clare this my last will and testament, as follows:
<br />IFirst: I direct that the expenses of my last sickness, my funeral charges and expenses, the costE
<br />and expenses of administering my estate, and all my just debts, be paid from my personal property;
<br />provided, that there is a debt of $2000.00 represented by my promissory note secured by a mortgagE
<br />upon a part of my real estate, and it is my will that of said debt there shall be paid from my
<br />personal,-property only the interest becomif.g due and payable thereon during the administration of
<br />i p y y
<br />I
<br />my estate, and that the balance of interest, and the principal, shall remain as a lien upon such
<br />real estate.
<br />Second: I give, devise and bequeath unto my wife, Olive A.Binfield, the property where I now resi<
<br />to -wit: lots three and four in block two, in Norann's Addition to the City of Hastings, in the
<br />State of Nebraska.
<br />Third: I give and bequeath all of my personal property, of every kind and nature, to my wife,
<br />Olive A.Binfield, and to my sons, Robert L.Binfield and Richard A.Binfield, and undivided one -th
<br />thereof to each of them.
<br />Fourth: I give and devise all of my real estate, other than said residence property in the City
<br />Hastings, as follows: the undivided one fourth thereof to my wife, Olive A.Binfield, and the un-
<br />s:
<br />0
<br />f
<br />divided three fourths thereof in equal share to my four children, Olive Ruth Hart, Rosa AnnaBinfi *ld,
<br />Robert L.Binfield and Richard A.Binfield.
<br />Fifth: I have heretofore advanced to my daughter Olive Ruth Hart, Six Hundred and Ninety Dollars.
<br />I give and bequeath the same as follows: 4129.38 thereof to niy said daughter Olive Ruth Hart;4172
<br />thereof to my wife, Olive A.Binfield; and the balance in equal shares to my daughter Rosa Ann Bind
<br />field and my sons Robert L.Binfield and Richard A.Binfield; and I hereby make the payment of said
<br />shares going to my wife, my daughter Rosa Ann Binfield and my two sons, a charge upon the share
<br />in my real estate devised by this will to my said daughter Olive Ruth Hart; payment thereof to
<br />become due, without interest, at such time as the said Olive Ruth Hart shall sell or otherwise
<br />dispose of any of the share of real estate devised to her by this will.
<br />Sixth:
<br />The provisions herein made for my wife are in lieu of what she would be entitled to under)
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