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538
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<br />1110i (WXT 9)
<br />THE AUGUSTINE CO. 19600.12.96
<br />last will and testament of Carrie Lee, deceased,was filed for probate in this Court.That on the
<br />22nd day bf December 1936, said instrument to which this certificate is attached was duly proved,
<br />probated and allowed as the last will and testament of the real and personal estate of said Carrie
<br />Lee,deceased,and the same was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the County Court this 22nd
<br />day of December 1936.
<br />(SEAL) Paul N.Kirk County Judge.
<br />HALL COUNTY,NERBASKA F I L E D DEC 92 1936 PAUL N KIRK COUNTY JUDGE.
<br />IN THE COUNTY COURT OF HALL COUNTY,NEBRASKA.
<br />IN THE MATTER OF THE ESTATE OF)
<br />FINAL DECREE
<br />CARRIE LEE, DECEASED. )
<br />Now on this 1st day of May,1940,this cause having come on to
<br />be heard upon the Final report and petition for determination of heirs and final distribution of
<br />the assets of said estate by the Grand Island Trust Company,of Grand Island,Nebraska,Executor of
<br />said Estate,and there having been objections filed to the allowance of attorney and executor fees,
<br />said hearing was continued until this 22nd day of July,1940,wherein in the meantime said matter of
<br />attorney and executor fees has been adjusted satisfactory to all interested parties;
<br />AND THE MATTER coming on further to be heard,the Court finds as follows -
<br />That on the 21st day of August,1936,John Terry and Clara R.Terry filed their petition in this
<br />Court,together with an instrument purporting to be the Last Will and Testament of Carrie Lee,De-
<br />ceased,and alleging their sister had departed this life testate,a resident of Hall County,Nebraska,
<br />on the 18th day of August,1936,and prayed for a hearing on said Wlll;and after due notice of the
<br />time and place of hearing on said petition,a hearing was had before this Court,and said instrument
<br />purporting to be the Last Will and Testament of Carrie Lee,deceased,was duly and legally admitted
<br />to probate as and for her Last Will and Testament,subject,however,to an appeal, taken to the Dis-
<br />trict Court of said County,and which was eventually dismissed upon an assignment being given by
<br />Maude Terry Johnson of one -half of her interest in said estate to Owen R.Terry and Henry G.Terry,
<br />which assignment was declared by this Court to be a valid assignment and affirmed by the appellate
<br />courts:
<br />That the Grand Island Trust Company,of Grand Island,Nebraska,named in said Will as executor,
<br />thereupon qualified by filing a bond as provided by law and the order of this Court:
<br />That by the terms 4nd conditions of Paragraph II of said Will Mrs.Massie Sprague,also
<br />known as Bertha Sprague,was bequeathed a legacy of $500.00 on the condition that said legacy would
<br />lapse if the said legatee asserted a claim against said estate in excess of $500.00,and said legatee
<br />having been allowed a claim against said estate in the amount of $800.00 said legacy of $500.00 is
<br />considered lapsed:
<br />That by the terms and conditions of Paragraph III of said Will Harry Hollingsworth was be-
<br />queathed a legacy of $1.000.00 which has been fully paid as shown by the receipt of the executor
<br />filed herein:
<br />That by the terms and conditions of Paragraph IV of said Will the residue and remainder of
<br />said estate was bequeathed to the testatrix's heirs -at -law by right of representation except that
<br />her sister- in- law,Clara R.Terry,widow of James Terry,a deceased brother of said testatrix,is to be
<br />considered as a sister and to inherit the same as her husband would have inherited in the event he
<br />was living at the time of the testatrix's death,and further that the right of representation shall
<br />extend to nieces and nephews,grand nieces and grand nephews and their issue,and th6se found to
<br />come within this class and entitled to inherit the residue of said estate are as "fbllows:-
<br />John Terry,a brother,of Lincoln,Nebraska,
<br />Maude Johnson,a niece,of Whitewater,Wisconsin,she being the only child of Lewis Terry,a deceased
<br />brother of said testatrix,
<br />Clara Terry,a sister -in- law,of Stoughton,Wisconsin,she being the widow of James Terry,a deceased
<br />brother of said testatrix,
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