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109
<br />WILL AND DECREE
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA
<br />IN THE MATTER OF THE ESTATE )
<br />OF ) FINAL DECREE
<br />RIMT H.DIEKEN, DECEASED. )
<br />Now on this 27th day of February, 1942, this matter came on to be heard upon the final account
<br />and petition for distribution of J.Fred Ernstmeyer, Executor of the Last Will and Testament of Rimt
<br />H.Dieken, deceased, and for order of distribution of the personal property of said estate and
<br />assignment of real estate, and the evidence , and was submitted to the court. In consideration
<br />whereof the court finds that due and legal notice of the time and place of hearing on said ?.petition
<br />for settlement of final account and distribution has been given to all persons interested in said
<br />estate as provided by law. Thereupon the court being fully advised in the premises, finds as
<br />follows:
<br />That the allegations contained in said petition are true; that the said Rimt H.Dieken, de-
<br />ceased, departed this life on the 18th day of December, 1939, testate, a resident of Hall County,
<br />Nebraska, leaving a last will and testament, which said last will and testament and certificate
<br />of probate, are in words and figures as follows:
<br />"LAST WILL AND TESTAMENT OF RIMT H.DIEKEN
<br />I, Rimt H.Dieken, of Martin Township, in the County of Hall, State of Nebraska, being of
<br />sound mind and memory and considering the undertainty of this frail and transitory life, do
<br />therefore make, ordain, publish and declare this to be my last WILL AND TESTAMENT.
<br />1st.
<br />I direct that all of my just debts, the expense of my last sickness and burial, and the costs
<br />of administering my estate, be paid from the versonal property of which I may die possessed.
<br />2nd.
<br />To my beloved wife, Margretha Dieken, I give, devise, and bequeath;
<br />(a) All of the personal property of which I may die possessed;
<br />(b) The net income, issues, profits and rents from all real estate now owned by me and where-
<br />soever situated during the period of time from the date of my death until my said wife shall con-
<br />sent to the sale or division of said real estate, or until her death, the intention being that she
<br />shall have the benefit and use of the issues, income and profit of and from said land during said
<br />period of time, less the necessary expenses in connection with the real estate such as taxes,
<br />insurance and repairs.
<br />3rd.
<br />Subject to the foregoing, I give, devise and bequeath to my beloved wife Margretha'. Dieken,
<br />and to my eight children, namely: Sarkea Dieken, a daughter; Ekko Dieken, a son;Minna Dieken, a
<br />daughter; Heere Dieken, a son; Margaretha Dieken, a daughter; Mrs. Ida Uden, a daughter; Rimt
<br />Dieken, a son; and Mrs. Tetta Katzberg, a daughter, the real estate wheresoever situated, equally,
<br />share and share alike, to have and to hold the same absolutely and forever.
<br />4th.
<br />All the rest, residue and remainder of my estate, of every kind and nature owned by me or to
<br />which I may be entitled at the time of my death, I give, devise and bequeath to my beloved wife,
<br />Margretha Dieken, to have and to hold absolutely and forever.
<br />5th.
<br />That in the event my said beloved wife consents to the sale of the said land, and the sale
<br />thereof becomes necessary or desirable, - but only upon the express consent of my wife,- then
<br />I authorize and empower my executor herein named to sell and convey the said real estate or any
<br />part thereof, wheresoever situated and owned by me at the time of my death, at private or public
<br />sale on such terms and for such consideration as my wife or executor shall deem proper, and to
<br />execute and deliver all necessary conveyances and instruments to carry out and execute this trust
<br />and power.
<br />6th.
<br />I hereby appoint my esteemed friend J.F.Ernstmeyer of Hayland, Nebraska, to be the executor of
<br />this my last will and testament, and I hereby revoke all former wills by me heretofore at any time
<br />made.
<br />IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of August, 1934.
<br />(signed) Rimt H.Dieken
<br />We whose names are hereunto subscribed do certify that the testator imt H.Dieken declared in
<br />our presence the foregoing to be his la.st will and testament; and we at his request, and in his
<br />presence and in the presence of each other sign our names hereto as attesting witnesses.
<br />Dated August 4, 1934. ( signed) J.F. Moore
<br />(signed) Albert Zeckser
<br />" CERTIFICATE OF PROBATE
<br />The State of Nebraska )
<br />Hall County )ss.
<br />At a session of the County Court,held in and for said County, at the County Court Room in
<br />Grand Island, on this 11th day of October A.D. 1940.
<br />Present, Paul N.Kirk, County Judge:
<br />IN THE MATTER OF THE ESTATE OF )
<br />Rimt H.Dieken, Deceased )
<br />I, Paul N.Kirk, County Judge, in and for said County do hereby certify that on this 11th day
<br />of October, 1940, the instrument purporting to be the last will and testament of the said Rimt H.
<br />Dieken, deceased, which was filed in this Court, on the 21st day of September, 1940, and being the
<br />instrument to which this is annexed, was duly proved., approved, probated and allowed, as the last
<br />will and testament of the said Rimt H.Dieken, deceased, in and for the State of Nebraska; and it
<br />was ordered to be recorded in the records of the County Court aforesaid.
<br />IN WITNESS WHEREOF, I have hereunto set my hand, and the Seal of said County Court, at Grand
<br />Island, this 11th day of October, 1940.
<br />(signed) Paul N.Kirk
<br />(SEAL) County Judge "
<br />That said, deceased died seized and possessed of the following described property, to -wit:
<br />Northwest Quarter (NWJ) of Section 27, Township 9,North Range 11, West of the 6th P.M., Hall
<br />County, Nebraska.
<br />Northeast Quarter (NE4) of Southwest Quarter (SWJ), of Section 27, Township 9, North mange 11,
<br />West of the 6th P.M., Hall County, Nebraska.
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