007-478 - Laserfiche WebLink

Browse

478 THE AUGUSTINE CO. 19600.12.86 praying that said account be allowed, for a decree of heirship, an order of distribution, a final settlement thereon, and discharge. For these purposes the 21st day of February, 1940, at 10 o'clock A.M., in the County Court Room in said County was assigned as the time and place for hearing said petition and allowing said account; and it was ordered that notice of the pendency of said petition be given to all persons interested therein by publishing notice of said order in the Grand Island Independent, a legal newspaper, printed and published in said County three successive weeks prior to said hearing; and it appears by proof on file that said notice was given as ordered by the Court. Upon an examination of the record and evidence herein and being duly advised, the Court finds: FIRST. That Selma Simonson departed this life on the 21st day of June, 1939, testate, in said county at her place of residence, and at that time was a resident thereof and that she left a Will with a codicil attached, together constituting the Last Will and Testament of the deceased, which were filed herein for probate on the 29th day of June, 1939, on petition of Otto Wagner who was nominated Executor thereof and that the following are the devisees, legatees and heirs -at -law named therein, to -wit: Ella Frederking, Oscar Simonson, Onon Simonson, Norman Simonson and Floyd Dammann; that on the 29th day of June, 1939, this Court made an order assigning the 24th day of July, 1939, at 10 o'clock A.M. at said Court Room, as the time and place for hearing said petition and ordering that notice be given to all persons interested by publishing a notice of said Order in the Grand Island Independent three successive weeks prior to said hearing, and it appears by proof on file that notice of said hearing was given as ordered. SECOND. The Court further finas that on said 24th day of July, 1939, said Will and codicil constitu- ting the Last Will and Testament,. was duly proved and allowed as such Last Will and Testament of said Selma Simonson, deceased, a decree of Probate was made thereon and said Otto Wagner was, upon his giving bond in the sum of $5,000, appointed Executor thereof; the Court further finds that the deceased at the time of her death, was a widow and left the following heirs -at -law: Ella Frederking, Oscar Simonson, Onon Simonson, Norman Simonson and Floyd Dammann, a grandson and son of a prede- ceased daughter; which Last Will and codicil thereto are in words and figures following, to -wit: THE LAST WILL OF SELMA SIMONSON. I, Selma Simonson, make this my last will hereby revoking all former Wills. I appoint my brother Otto Wagner of Grand Island, Executor of this Will. My grandson Floyd Damann has made his home with me since his mother died and I have given him the care which he needed. No charge has been made for that and none shall be made. As he will be well provided for out of other property,.I give him but one hundred dollars out of my estate.* All my property, real estate, personal and mixed, I give to said Otto Wagner who shall dispose of the same and sell my real estate and my interest in real estate, wherever situate, as to him may seem best. After the payment of my debts, expenses of last illness, funeral charges, costs of probating this Will and costs of handling and selling my real estate, the net proceeds left in his hands shall be held by him in trust and shall be paid out as follows, to -wit: To my daughter Ella I give and he shall pay her Two Thousand Dollars; to my son Onon I give and he shall pay him Two Thousand Dollars; to my son Norman I give and he shall pay him Two Thous- and Dollars; the balance of the money in his, said Otto Wagner's hands, after the payment of said legacies he shall pay to my children Ella, Oscar, Onon and Norman, share and share alike and to thi6r heirs forever. Said Trustee is empowered to sell any or all of my real estate without license first obtained from any Court of Judge. 1 D