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J <br />107 <br />WILL AND DECREE e\ <br />LAST WILL AND TESTAM&JT OF NIELS 1VIELSEN <br />I Niels Nielsen of Grand Bland Ha <br />I 11 County, Nebraska, being of sound mind and disposing <br />memory, do make and publish this, my last will and testament, in the manner and form following: <br />FIRST. <br />I direct that my just debts, if any, and the expenses attending my burial, 'be first paid out <br />of my personal estate. <br />SECOND <br />I give, devise, and bequeath all of the rest, residue, and remainder of my estate, both real <br />and personal, of which I shall die the owner, to my beloved wife, Minna Nielsen, in the event she <br />survives me, for and during the period of her natural life, she to have the rents, profits, and <br />income therefrom, as may be necessary for her care and comfort. <br />THIRD. <br />I give to my son, Walter N.Nielsen, the sum of Five Hundred Dollars ($500.00) to be paid as <br />soon after my death as may be convenient to my wife, Minna Nielsen. <br />FOURTH. <br />All of the rest, residue, and remainder property, real and personal, subject to the life <br />estate provided for in the second paragraph hereof, 1 give, devise, and bequeath to my children, <br />Clara Zieg, Walter N.Nielsen, and Elmer E.Nielsen, in equal shares. The children of any deceased <br />shall take by right of representation, and in the event of the death of said Walter N.Nielsen. <br />prior to the death of my said wife, then his share shall go to his heirs at law, and in the event <br />of the death of Elmer E.Nielsen, prior to the death of my said wife, he leaving no child, his <br />share shall go to my surviving children, Walter N.Nielsen and Clara Zieg, in equal shares. <br />FIFTH. <br />I further provide that any opligation owing me at the time of my death by any of my aforesaid <br />children shall be collected in accordance with whatever agreements might be in existence, and <br />shall become a part of my estate for distribution as hereinbefore provided. <br />SIXTH. <br />I hereby revoke any and all former wills by me made. <br />SEVENTH. <br />I name, nominate and appoint my beloved wife, Minna Nielsen, and my son, Elmer E.Nielsen, <br />as executors of this, my last will and testament, and provide that they shall not be required <br />to furnish sureties upon their bonds as such. <br />IN TESTIMONY WHEREOF, I have hereunto set my hand this 4th day of December, 1935• <br />Niels Nielsen <br />Witnesses: <br />Bernice E.Matthews <br />Wm.Suhr. <br />We, whose names are hereunto subscribed, do hereby certify that Niels Nielsen, the testator, <br />subscribed his name to the above and foregoing instrument in our presence and in the presence of <br />each of us, and., at the same time and in our presence and hearing, declared the same to be his <br />last will and testament, and we, at his request, and ifi his presence, and, in the presence of <br />each other, have hereunto subscribed our names as attesting witnesses. <br />Bernice E. Matthews <br />Of Grand Island,Nebraska. <br />Wm. Suhr <br />Of Grand Island, Nebraska <br />STATE OF NEBRASKA )ss. CERTIFICATE OF PROBATE OF WILL. <br />HALL COUNTY ) <br />At a Session of the County Court held in the County Court Room in Grand Island, in said County, <br />on the 2nd day of October, A.D., 1941. <br />Present Paul N.Kirk, County Judge. <br />In the Matter of the Estate of <br />Niels Nielsen, Deceased. <br />I, Paul N.Kirk, Judge of the County Court in and for said County, do hereby certify that on the <br />6th da -y of September, 1941, the instrument purporting to be the last will and testament of Niels <br />Nielsen deceased, was filed for probate in this Court. That on the 2nd day of October 1941, said <br />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 Niels Nielsen deceased, and the <br />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 />2nd day of October, 1941. (SEAL) Paul N.Kirk <br />County Judge <br />In the Matter of the Estate <br />of <br />Niels Nielsen, deceased. <br />IN THE COUNTY COURT OF HALL COUNTY,NEBRASKA <br />DECREE OF DISTRIBUTION. <br />Now on this 5th day of March, 1942, this cause came on for hearing before the Court upon the <br />final account of Elmer E.Nielsen, Executor, and Clara A.Zieg, Administratrix with the will <br />annexed, of the estate of the said Niels Nielsen, deceased, and their petition for distribution. <br />Thereupon evidence was duly instroduced and the Court finds from the evidence and from a careful <br />examination of said final account that due and legal notice of the time and place of the hearing <br />upon said final account and petition for distribution has been given to all persons interested in <br />said estate, by publication as required by law and the order of this Court. <br />The Court further finds that the final account of the said Executor and Administratrix is true <br />and correct and should be approved and confirmed by the Court. That all proceedings have been <br />had in the said estate for the determination and allowance of claims, that a time and place has <br />heretofore been duly fixed for the filing of claims against said estate and due notice thereof <br />given to creditors and other persons interested in said estate, by publication, as required by <br />law and the order of this court; that the time so fixed has elapsed, that all claims filed and <br />allowed have been paid- .n'full, that the funeral expenses, expenses of administration, and all <br />other claims, debts and charges against said estate have been fully paid; that said Executor and <br />Administratrix have duly waived any and all claims to fees as such representatives; that the <br />