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348
<br />WILL AND DECREE RECORD
<br />THE AUGUSTINE CO. 15600.12.36
<br />to the death of the testator. All of the foregoing heirs are adults except Doris Hilgendorf, who
<br />is of the age of twenty years.
<br />The Court further finds that the said John Hilgendorf left a last will and testament duly executed
<br />September 26, 192+ in Hood River, Oregon, the original of which is on file herein; that attached
<br />on
<br />to the said last will and testament is a purported codicil, which codicil was not executed in the
<br />presence of witnesses as provided by the Statutes of the State of Nebraska, and which codicil is
<br />invalid and of no legal effect in the state of Nebraska.
<br />The Court further finds that no application has been made in the state of California, in the state
<br />of Nebraska, or elsewhere, to admit the last will and testament of the said John Hilgendorf to
<br />probate, either by the creditors, heirs, legatees, devisees, or the Executor named therein, or by
<br />any other person interested in the estate of the said John Hilgendorf, or in his Laid last will
<br />and testament, and that more than two years have elapsed since the death of the said John Hilgendorf.
<br />The Court further finds that the instrument filed herein purporting to be the last will and testa-
<br />ment of the said John Hilgendorf, deceased, is his valid last will and testament, that it was
<br />executed according to law and that at the time of the execution thereof the said John Hilgendorf
<br />was of full age, of sound and disposing mind and memory and not under restraint, and that the said
<br />last will and testament has been duly proven according to law.
<br />IT IS, THEREFORE, CONSIDERED, ORDERED AND DECREED that the said last will and testament be and the
<br />same is hereby,duly proved, approved, and probated and allowed as the valid last will and testament
<br />of the said John Hilgendorf, deceased, and the same is hereby ordered to be recorded as-provided
<br />by law, and
<br />IT IS FURTHER CONSIDERED, ORDERED AND DECREED that the purported codicil thereto be and the same is
<br />hereby denied probate.
<br />The Court further finds that the said John Hilgendorf at the time of his death was the owner in fee
<br />simple of an undivided one -half interest in the West Half of the Southeast Quarter, and the South-
<br />west Quarter of the Northeast Quarter, and the Southeast Quarter of the Northwest Quarter of Section
<br />16, Township 12, North Range 9, West 6th P.M., Hall County, Nebraska, and that by the terms of the
<br />said last will and testament the said undivided one -half interest belonging to the said John Hilgen-
<br />dorf, deceased, was duly devised to Johanna Hilgendorf, in fee simple. The Court further finds
<br />that the other undivided one -half interest in said real estate belonged to the said Johanna Hilgen-
<br />dorf, and that on September 23, 1937, Johanna Hilgendorf executed and delivered a Warranty Deed
<br />conveying all of said real estate to Amalia Hilgendorf, Marie Otto, Paul Hilgendorf and John A.
<br />Hilgendorf, reserving to her, the said Johanna Hilgendorf, a life estate therein, which deed was
<br />duly recorded on September 27, 1937 in Book 76 of the Deed Records of Hall County, Nebraska, at
<br />Page 609. That the said Johanna Hilgendorf thereafter departed this life on July 27, 1935, and
<br />that the said real estate is now owned by the said Amalia Hilgendorf, petitioner herein, Marie
<br />Otto, Paul Hilgendorf and John A.Hilgendorf, in fee simple, in equal undivided shares.
<br />The Court further finds that all of the legacies described in the said last will and testament
<br />have been paid, that the legacies described in the purported codicil do not constitute valid
<br />obligations against the said estate, or charges upon the said real estate, and that a decree
<br />should be entered herein finding that said undivided one -half interest in said real estate des-
<br />cended to the said Johanna Hilgendorf and her grantees free and clear of all debts, claims and
<br />demands against the said John Hilgendorf, deceased, and assigning Ahd distributing the said real
<br />estate under the provisions of said last will and testament to Johanna Hilgendorf and her grantees
<br />as aforesaid.
<br />IT IS, THEREFORE, FURTHER CONSIDERED, ORDERED AND DECREED that no Executor,Exeoutrix, Administra-
<br />tor or Administratrix, with the will annexed, be appointed herein. That further administration
<br />of the said detate be dispensed with, and the undivided one -half interest in the real estate here-
<br />
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