179
<br />No.
<br />IN THE COUiTTY COURT OF HALL COUNTY,NEBRASKA.
<br />In the matter of the estate )
<br />OF ) FINAL DECREE.
<br />Louis E.Upperman,Deceased. ))
<br />N ow,on this 9th day of September,1942,this cause came on for hearing upon the final report of
<br />Lilly May Upperman,executrix of the last will and testament of Louis E.Upperman,deceased,and upon
<br />her petition for settlement of said estate,
<br />The Court,having examined said report and the records and files in said estate,and being duly ad-
<br />v ised,finds that c,ae and legal notice has been given to all persons interested in said estate of
<br />the time and place fixed for hearing upon said final report,as heretofore ordered by the Court,
<br />and no one appearing to object thereto,the Court examined the same,together with the vouchers on
<br />file and testimony in support thereof,and being duly advised,finds said report true and correct
<br />in all things and that said report be approved and allowed as and for the final report of said
<br />executrix.
<br />The Court finds that said Louis E.Upperman departed this life on the 6th day of Ju1y,1938,and at
<br />the time of his death was a resident and inhabitant of Hall County,Nebraska;th.at a petition was
<br />filed in the County Court of Hall County,Nebraska,on the 12th day of July,1939,praying for the
<br />allowance and probate of an instrument purporting to be the last will and testament of Louis E.
<br />Upperman,deceased,and the Court thereupon fixed the 10th day of August,1938,as the date for making
<br />proof thereon,due and legal notice was given thereof,and on the 10th day of August,1938,said in-
<br />strument was duly proven, allowed, and admitted to probate in this Court as and for the last will
<br />and testament of Louis E.Upperman,deceased, and letters testamentary were duly issued thereon to
<br />Lilly May Upperman,executrix as named in said will ( as Lillie May Upperman), and she duly qualified
<br />as such.
<br />The Court further finds that due and legal notice has been given to all persons of the time and
<br />place fixed by the Court for the filing of claims,th.at all claims filed against said estate have
<br />been paid or settled, and the time fixed for filing claims has fully expired.
<br />IT IS, THEREFORE, ORDERED that all claims against said estate,if any such there be,and not filed
<br />h erein,are forever barred and excluded.
<br />The Court further finds that Amy Upperman,the wife of said Louis E.Upperman,deceased,named in his
<br />last will and testament as a legatee and devisee,died prior to the date of the death of said Louis
<br />E.Upperman, deceased, to- wit,on the 22nd day of February,1939.
<br />The Court further finds that Louis E.Upperman died seized as the owner in fee simple of the follow-
<br />s ng described real estate:
<br />Lot Eight (9) in Block One Hundred Twenty -six (126) in Union Pacific Railway Company's Second
<br />Addition to the City of Grand Island,Hall County,Nebraska,
<br />Lot Three (3) in Block One (1) in Russel Wheeler's Addition to the city of Grand Island,Hall
<br />C ounty,Nebraska,
<br />The north half, and the southeast quarter of the southwest quarter, and the south half of the north-
<br />rest quarter,of Section Thirty -six (36),in Township 12,North,Range Ten (10),in Hall Count .7*,
<br />N ebraska,
<br />An undivided one -half interest in and to Lot Four (4) in Block Five (5),in the Original Town,now
<br />City,of Grand Island,Hall County,Nebraska,and
<br />Lot 60, in Roan 3, in Grand Island Cemetery-, in Hall County, Nebraska,
<br />all of which was °deVised,under the terms and conditions of the last will and testament of said
<br />Louis E.Upperman, deceased, as follows:
<br />"I give, devise, and bequeath to my beloved daughter, Lillie May Upperman, all of the rest, residue or
<br />remainder of my estate,real,personal or mixed,of whatever name or description and wherever situate
<br />to have and. to hold the same to herself and to her heirs and assigns forever,provided,however:
<br />Shou1J, my said daughter depart this life without having a child or children born of her body or
<br />adopted by her,surviving her,then and in that case I give,devise and bequeath to my beloved sister,
<br />Emma T:a er,and to her lineal descendants by right of representation,all of my estate mentioned in
<br />this item,which has not been disposed of by my said daughter in her life time,to have and to hold
<br />the same to my said sister and the heirs of her body,by right of representation,and to their heirs
<br />and assigns forever."
<br />IT IS,THEREFORE,ORERED,ADJUDGED AND DECREED BY THE COURT that the final report of said executrix
<br />be,and the same hereby is,approved and allowed as her final report,and said estate is hereby sett-
<br />led and closed and said executrix discharged from her bond as such and hereby released.
<br />IT IS FURTHER ORDERED,ADJUDGED AND DECREED BY THE COURT that the real estate described as follows:
<br />Lot S in Block 126,in Union Pacific Railway Company's Second Addition to the city of Grand Island,
<br />Hall County, Nebraska,
<br />Lot 3 in Block 1 in Russel Wheeler's Addition to the city of Grand Island,in Hall County,Nebraska,
<br />The north half and the southeast quarter of the southwest quarter,and the south half of the
<br />northwest quarter,of Section 36,in Township 12,North,Range 10,Hall County,Nebraska,
<br />An undivided one -half interest in and-to Lot 4,in Block 5,in the Original Town,now City,of Grand
<br />Island,Hall County, Nebraska, and
<br />Lot 60,in Row 3,in Grand Island Cemetery,in Hall County,Nebraska,
<br />was devised and passed and descended,as follows: To Lillie May Upperman,daughter of said Louis E.
<br />U pperman,deceased, "to have and to hold the same to herself and to her heirs and assigns forever,
<br />provided,however :Should my said daughter depart this life without having a child or children born
<br />of her,body or adopted by her,survivingher,then and that case I give,devise and bequeath to my
<br />beloved sister, Emma Mader, and to her lineal descendants by right of representation, all of my estate
<br />mentioned in this item,which has not been disposed of by my said daughter in her life time,to have
<br />and to hold the same to my shi&2sister and the heirs of her body,by right of representation,and
<br />to their hers and assigns forever ", all under the terms and provisions in the last will and
<br />testament of said Louis E.Upperman,deceased.
<br />Paul N.Kirk
<br />COUNTY JUDGE.
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