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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. <br />