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<br />STATE OF NEBRASKA )
<br />ss.
<br />COUNTY OF HALL )
<br />Me,
<br />At a session of the County Court held in and for said County of Hall the 2nd day of July,1941,
<br />present: Paul N.Kirk, County Judge.
<br />BE IT REMEMBERED: That on the 9th day of June, 1941, Berny Schimmer, Administrator With Will
<br />Annexed of the estate of Christine Schimmer, deceased, filed in this Court his final account as
<br />such Administrator and a petition praying that said account be allowed, for a decree of heirship,
<br />an order of distribution, a final settlement thereon and discharge.
<br />For these purposes the 2nd day of July, 1941, at 10 o'clock A.M. at the County Court Room in
<br />said County was assigned as the time and place for hearing said petition, examining and allowing
<br />said account; and it was ordered that notice of the pendency of said petition be given to all
<br />persons interested in said estate by publishing a notice of said order in the Grand Island Inde-
<br />pendent, a legal newspaper printed and published in said County for three successive weeks prior
<br />to said day of hearing; and it appears by proof on file that said notice was given as ordered by
<br />Court and no objections,thereto have been filed or made.
<br />Upon an examination of the record and the evidence in this matter and being duly advised in
<br />the premises, the Court finds as follows:
<br />FIRST
<br />That Christine Schimmer departed this life on the 9th day of September, 1940, at her residence
<br />In Grand Island, in Hall County, Nebraska, testate, and at the time of her death she was a resident
<br />of Hall Coiinty, Nebraska, and that the said deceased left a Last Will and Testament and codicil
<br />thereto which were filed in this Court for probate on the 2nd day of October, 1940.
<br />SECOND
<br />That August Schimmer was nominated in said Last Will as Executor thereof, and that the follow-
<br />ing are the legatee, devisees and heirs -at -law named therein: August Schimmer, a son, Minnie Hart-
<br />wig, a. daughter, Henry Schimmer, a son, John Schimmer, a son, Otto Schimmer, a son, Berny Schimmer,
<br />a son; and Mamie Rathman, Rudolph Stier, Harry Seier, Nancy Rathman, Otto Seier, Henry Elmer Seier
<br />and Donald Seier, children of a predeceased daughter Emma Seier; and Irene Hansen and Olga Anderson,
<br />O1 a
<br />formerly Tienne, children of a predeceased daughter Adele Henne; all of whom are over the age of
<br />21 years.
<br />THIRD.
<br />That on the 2nd day of October, 1940, August Schimmer filed in this Court a petition for the
<br />probate of said Last Will and Testament and Codicil thereto and the appointment of August Schimmer
<br />as Executor thereof which petition was joined in by said Minnie Hartwig, Henry Schimmer, Otto
<br />Schimmer and Berny Schimmer and on the 2nd day of October, 1940, an order of this Court was made
<br />therein assigning the 30th day of Oetober,1940, at 10 o'clock A.M. at the County Court Room in
<br />said County as the time and place for hearing said petition, and ordering that notice of the pen-
<br />dency of said petition and the hearing thereof be given to all persons interested in said matter
<br />by publishing a copy of said order in the Grand Island Independent, a legal newspaper printed in
<br />said County, for three successive Meeks prior to said day of hearing, and it appears by proof on
<br />file that notice of said order was given as ordered by this Court.
<br />FOURTH.
<br />The Court further finds that on said 30th day of October, 1940, said Last Will and Testament
<br />and codicil thereto were duly proved, approved and allowed as the Last Will and Testament and
<br />codicil thereto of Christine Schimmer, deceased, a decree of probate was made thereon and the
<br />Court finding that August Schimmer, the Executor named in said Will was indebted to said estate
<br />and would not be a suitable person to act as said Executor, and believing Berny Schimmer, a son of
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