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<br />681
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<br />and distribute all proceeds thereof as a part of my estate; in the event of his failure or refusal
<br />so to do, I direct that the full amount that may be received by him from such insurance shall be
<br />deducted from, and shall be made a lien and charge upon his share in my estate, both real and
<br />personal, as aforesaid for the benefit of himself-and my other children in equal undivided shares.
<br />FIFTH.
<br />I nominate and appoint my said son, William M.McGrath, to be Executor of this, my last will and
<br />testament, and do hereby revoke and annul any and all wills which I may have heretofore executed.
<br />IN WITNESS WHEREOF I have hereunto set my hand this 16" day of of December, 1938.
<br />Benjamin R.McGrath
<br />Witnesses:
<br />R. C. Woodruff
<br />Claude A. Davis
<br />We, whose names are hereunto subscribed, do hereby certify that Benjamin R.McGrath, the testator,
<br />subscribed his name to the foregoing instrument in our presence and in the presence of each of us,
<br />and at the same time and in our presence and #searing, declared the same to be his last will and
<br />testament, and we, at his request and in his presence and in the presence of each other, have
<br />hereunto subscribed our names as attesting witnesses. R.C.Woodruff
<br />rand Island,Nebraska
<br />Claude A. Davis
<br />Of Grand Island,Nebras ka.
<br />ENDORSEMENT: LAST WILL AND TESTAMENT OF BENJAMIN R.McGRATH HALL COUNTY,NEBRASKA, FILED NOV 22 1940
<br />PAUL N.KIRK COUNTY JUDGE.
<br />— — — — -- — — -- — — — — — — — -- — —
<br />CERTIFICATE OF PROBATE OF WILL
<br />State of Nebraska ) At a session of the County Court held in the County Court Room in Grand
<br />) ss.
<br />Hall County ) Island, in said County, on the 18th day of December, A.D., 1940.
<br />Present Paul N.Kirk,County Judge.
<br />th the Matter of the Estate
<br />of
<br />Benjamin R.McGrath, deceased.
<br />I, Paul N.Kirk, Judge of the County Court in and for said County, do hereby certify that on t#e
<br />22nd day of November 1940, the instrument purporting to be the last will and testament of Benjamin
<br />R.McGrath, deceased, was filed for probate in this Court. That on the 18th day of December 1940,
<br />said instrument to which this certificate is attached was duly proved, probated and allowed as the
<br />last will and testament of the real and personal estate of said Benjamin R.McGrath, deceased, and
<br />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
<br />18th day of December 1940. Paul N.Kirk
<br />(SEAL) County Judge
<br />HALL COUNTY,NEBRASKA F I L E D DEC 18 1940 PAUL N.KIRK COUNTY JUDGE
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA
<br />In the Matter of the Estate )
<br />of ) FINAL DECREE.
<br />Benjamin R.McGrath, deceased. )
<br />Now on this 2d day of July, 1941, this cause came on for hearing before the Court upon the
<br />final account of William M.McGrath, Executor of the last will and testament of the said Benjamin
<br />R.McGrath, deceased, and for petition for distribution. The Court being fully advised in the
<br />premises finds that due and legal notice of the filing of said final account and petition for
<br />distribution, and of the time and place of the hearing thereon, has been given to all persons in-
<br />terested in said estate by publication, as provided by law and the order of this Court. Thereupon
<br />evidence was duly introduced, and the Court being fully informed finds that the said final account
<br />is true and correct in all respects and should be approved and confirmed by the Court.
<br />The Court further finds that all proceedings have been had in the foregoingestate for the deter-
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