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467
<br />No. 7 HALL COUNTY
<br />residence in Hall County, Nebraska; that he was at the time of his death a resident of Hall County
<br />and of the State of Nebraska; that he left a last Will and Testament, which has been heretofore
<br />admitted to probate and no appeal has been taken therefrom; that he left him surviving as his heirs
<br />at law and only heirs at law, his widow, Amelia Sprague, who died on August 10th, 1939, and three
<br />children as follows:
<br />Edward Sprague, Florence Sprague and Bessie Sprague Martin,
<br />all of whom are of lawful age, and that there is no child or children, the issue of any deceased
<br />child, or any other heirs whatsoever.
<br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the sole and only heirs at law
<br />of the said James A.Sprague, deceased, are as follows:
<br />Edward Sprague, a son; Florence Sprague, a daughter, and Bessie Sprague Martin, a daughter,
<br />The Court further finds that there was an erroneous description in the last Will and Testament of
<br />James A.Sprague, in that in the third paragraph of said last Will and Testament there was devised
<br />to Edward Sprague the South half of the Southwest Quarter (S! SW4) of Section Twenty -three (23),
<br />Township Eleven (11), North, Range Eleven (11), West of the 6th P.M., in Hall County, Nebraska;
<br />that the said James A.Sprague did not at the time of his death or at any other time own the South
<br />half of the Southwest Quarter of said Section,.but on the contrary, owned the South half of the
<br />Southeast Quarter of said Section, and that it was the intention of the testator in said last
<br />Will and Testament to devise to Edward Sprague the South half of the Southeast Quarter (S2 SE4)
<br />of Section 23, Township 11, North, Range 11, West of the 6th P.M., in Hall County, Nebraska.
<br />The Court further finds that said last Will and Testament and this Final Decree should not be
<br />indexed in the Register of Deeds' office as affecting in any manner the South half of the South -
<br />rest Quarter (S� SWj) of said Section; that the heirs at law, to -wit: Florence Sprague and Bessie
<br />Sprague Martin and Amelia Sprague, the widow, made, executed and delivered to Edward Sprague a
<br />Quit -claim Deed to the South half of the Southeast (SISEI,) of Section 23, Township 11, North,
<br />Range 11, West of the 6th P.M., in Hall County, Nebraska, which Quit -claim Deed was given to cor-
<br />rect the misdescription in said last Will and Testament, and which Quit -claim Deed contains a dis-
<br />claimer of any interest in the South half of the Southwest Quarter of said Section.
<br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that there was a misdescription in said
<br />last Will and Testament in the third paragraph thereof; that it was the intention of the- testator
<br />and that he did thereby devise to the said Edward Sprague the South half of the Southeast Quarter
<br />(S� SEJ) of Section Twenty-three (23), Township Eleven (11), North,Range Eleven (11), West of the
<br />6th P.M., in Hall County, Nebraska, and that he did not intend to or did he in fact claim any
<br />interest in or in any manner'aff ect the South half of the Southwest Quarter of said Section.
<br />IT IS FURTHER ORDERED ADJUDGED ATdD DECREED by the Court that the Register of Deeds make no entry
<br />either of said last Will and Testament or of this decree against said South half of said Southwest
<br />Quarter in order to avoid casting any cloud upon the title of the owner of the said South half of
<br />accordance with said last Will and Testament.
<br />Paul N.Kirk
<br />County Judge.
<br />the Southwest Quarter,
<br />IT IS. FUR1'FIE'R ORDERED, ADJUDGED AND
<br />DECREED
<br />by the Court that under the terms of said last Will
<br />and Testament the South half of the
<br />Southeast Quarter (Sj SEJ) of Section Twenty -three (23), Town-
<br />ship Eleven (11), North, Range Eleven
<br />(11),
<br />West of the 6th P.M., in Hall County, Nebraska, V7 as
<br />devised to the said Edward Sprague,
<br />and the
<br />s ame is hereby set off unto him.
<br />IT IS FURTHER ORDERED, ADJUDGED AND
<br />DECREED
<br />by the Court that the real estate described in the
<br />Second, Fourth and Fifth paragraphs
<br />of said
<br />last Will and Testament be and the same is hereby
<br />set off unto the devisees named in
<br />said last Will and Testament, under the conditions of and in
<br />accordance with said last Will and Testament.
<br />Paul N.Kirk
<br />County Judge.
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