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<br />THEIIUGUSTINECO. 20112.2.41
<br />That said Mary Franz, while a resident and inhabitant of Howard County, Nebraska, departed this
<br />life on the 13th day of January, 1940, leaving a last will and testament which has been duly admitted
<br />at probate in this Court on the 11th day of April, 1941, and that said will by its terms disposes
<br />of all the property of said estate.
<br />That at the time of her death the said Mary Franz was seized of an estate in fee simple in each
<br />of the following described tracts and parcels of real estate, to -wit: The East Thirty -four (34)
<br />feet of Lot Nine (9),and all of Lot Ten (10) in Block Two (2), in Bartlett's Addition to the City
<br />of St.Paul, Nebraska., as platted and recorded; Lots One (1) and Two (2), in Block Ninety -three (93),
<br />in the Original Town (now City) of St.Paul, Nebraska; all of the hereinbefore described real estate
<br />being located in Howard County, Nebraska; and Lots Four (4) and Five (5), Six (6), and Seven (7),
<br />in Block Eight (g), in (Sheridan's Place), located in the Southwest Quarter (SW4) of the Southeast
<br />Quarter (SE4) of Section Eight (8), in Township Eleven (11), North,Range Nine (9),West of the 6th
<br />P.M., in Hall County, Nebraska.
<br />That on the 2nd day of July, 1941, the petitioner, Elizabeth M.Buhrma.nn, filed a petition in
<br />the District Court of Howard County, Nebraska, the object and prayer of which were that a license
<br />be granted to her to sell the above described real estate or some portion of the said real estate
<br />for the payment of such said debts outstanding against the deceased and the expenses of administra-
<br />tion and the expense of tna_t proceeding; that a license to sell the said real estate was granted
<br />to said. administratrix with the will annexed on the 4th day of August, 1941, and that on the 2nd day
<br />of September, 1941, the East Thirty -four (34) feet of Lot Nine (9), and all of Lot Ten (10), in
<br />Block Two (2), in Bartlett's Addition to the City of St.Paul,Nebra.ska, as platted and recorded, was
<br />sold at public vendue to B.B.Klinginsmith for $706.00, he making the largest and best bid therefor;
<br />and Lots One (1) and Two (2), in Block Ninety -three (93), in the Original Town (now City) of St.Paul,
<br />Nebraska, was sold at public vendue to Sophia Christensen for 4585.00, she making the largest and
<br />best bid therefor. That thereupon all costs and expenses of that said proceeding have been fully
<br />paid and satisfied as the same appears in the disbursements hereinbefore set forth; that the net
<br />proceeds of the sales have been used for the payment of such said debts outstanding against the
<br />deceased and the expenses of administration; that the balance of such proceeds now remains in the
<br />hands of the petitioner to be disposed of in accordance with the terms of the last will and testa-
<br />ment of the said deceased.
<br />That the bequest to the Roman Cathlic Church of St.Paul, Nebraska, cannot be fulfilled for
<br />the reason that the paragraph containing the bequest is cut out and obliterated.
<br />That according to the terms of the last will and testament of the said deceased, the following
<br />described real estate, to -wit: Lots Six (f) and Seven (7), in Block Eight (8), in (Sheridan's Place),
<br />located in the Southwest Quarter (SWJ) of the Southeast Quarter (SEA) of Section Eight (8), in
<br />Township Eleven (11),North,Range Nine (9),West of the Sixth P.M., in Hall County, Nebraska, is
<br />devised and bequeathed to the Old Ladies Home in Kearney, Nebraska, but that the true and correct
<br />name of said home is "Francis G.Keens Home for the Aged" in Kearney, Nebraska.
<br />That according to the terms of the last will and testament of the said deceased, all the rest,
<br />residue, and remainder of the deceased's estate, both real and personal, is given, devised, and
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<br />bequeathed to the said deceased's nieces, Hazel Franz Hughes and Caroline Burrows Herman; to the
<br />said deceased's nephews, Fred Burrows, Arthur Burrows, George Burrows, and Willard Franz; to the
<br />said deceased's sister, Elizabeth Franz Burrows, and to the said deceased's brother, John Franz,
<br />share and share alike; tfiat according to the provision in the said last will and testament, that
<br />if either of the testatrix's brother or sister should die before the said testatrix, then his or
<br />her share should go to his or her heirs; that the said John Franz is now deceased, having died
<br />before the said testatrix, and was the father of the said Hazel Franz Hughes and accordingly, his
<br />said share should be turned over to the said Hazel Franz Hughes.
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