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6411)
<br />THE AUGUSTINE CO. 19800 -12.98
<br />approval and allowance of said report,settlement of said estate and his discharge and the court
<br />being fully advised in the premises finds as follows: That Bertha Niemoth departed this life in
<br />Hall County,Nebraska on the 6th day of guly,1940 intestate,and at that time was a resident and
<br />inhabitant of Hall County,Nebraska and was the owner of an estate to be administered in said County;
<br />that Albert J.Niemoth filed his petition in this court on the 9th day of November,1940,praying
<br />for administration of said estate; ,that upon reading and filing said petition an order was entered
<br />fixing the time and place for hearing the evidence in support of said petition,giving notice thereof
<br />to all interested parties by publication of said notice for three successive weeks in the Grand
<br />Island Independent,a legal newspaper published and circulated in said county,and that said hearing
<br />was held,as heretofore ordered by the court,as by law required,and letters of administration granted
<br />to said administrator upon the filing of his bond in court and the same being approved,as by law
<br />required.
<br />That due and legal notice 4as been given to all persons of the time and place fixed by the court
<br />for filing claims against said estate by publishing for three successive weeks in the Grand Island
<br />Independent,as required by law,and that all persons having claims against said estate,not filed
<br />within the time fixed by the court,if any such there be,are forever barred,excluded and enjoined
<br />from setting up, or asserting any such claims against said estate.
<br />That said deceased departed this life leaving her surviving as her heirs at law and only heirs at
<br />law,legatees,devisees,and persons entitled to share in her said estate the following: Albert J.
<br />Niemoth,widower,Grand Island,Nebraska,Fred J.Niemoth,son,Grand Island,Nebraska,August Niemoth,son,
<br />Grand Island,vebraska,Minnie Rauert,daughter,Grand Island,Nebraska,Laura Knox,daughter,Gardner,
<br />California,Ella Schmaltz, daughter,Detroit,biehigan,Pearl Niemoth, daughter ,Detroit,Miehigan,Eliza -
<br />beth Nelson,daughter,Central City,Nebraska and Bertha Schutte,daughter,Grand Island,Nebraska, all
<br />over 21 years of age.
<br />The court further finds that said deceased died the owner of an estate situated in Hall County,
<br />Nebraska consisting of both real and personal property ;said personal property being reduced to cash,
<br />in the amount of $60.00,which same has been used for the payment of debts owed by said estate,and
<br />that in addition thereto said administrator has expended the sum of $540.00,out of his own funds,
<br />for which no claim is made against said estate ;said real estate being described as follows:
<br />Lots Eight (S) and Nine (9),in Block Five (5) in Evans' Addition to the City of Grand Island,Hall
<br />County,Nebraska.and that said real estate did pass and descend to Albert J.Niemoth,widower,a one -
<br />third interest therein and to Fred J.Niemoth,August Niemoth,Minnie Rauert,Laura Kngx,Ella Schmaltz,
<br />Pearl Niemoth,Elizabeth Nelson,Bertha Schutte,each an undivided one -- twelfth interest therein.
<br />The court further finds that due and legal notice has been given to all persons of the time and
<br />place for hearing on said final report by publication of said notice for three successive weeks
<br />in the Grand Island Independent,as by law required,and no one appearing to object to said report,
<br />and the court having examined the same,together with the vouchers attached thereto,finds that said
<br />report is true and correct in all things and should be approved and allowed as and for said admin-
<br />istrator's final report;that there is Rio inheritance tax due the State of Nebraska or the United
<br />States under the Inheritance Tax Laws and that said estate should be settled and the administrator
<br />discharged.
<br />IT IS,THEREFORE,ORDERED,ADJUDGED AND DECREED BY THE COURT that all persons having claims against
<br />said estate not filed and alloyed within the time fixed by the court,if any such there be,are forever
<br />barred,excluded and enjoined from setting up or asserting any such claims against said estate ;it
<br />is further ordered that the final report filed herein by Albert J.Niemoth,administrator,be and the
<br />same is hereby,in all things,approved and allowed as and for said administrator's final report,and
<br />said estate is hereby settled and closed and said administrator fully discharged.
<br />IT IS FURTHER ORDERED that the real estate owned by the deceased,at the fltsb`�.of her death,here-
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