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300 <br />T HE AUG USTI HE Co. 20112.2.41 <br />—3— <br />estate only in my beloved wife,tlan Foster,as set out above at the beginning of the "SECOND" Para- <br />graph of this my last Will and Testament. <br />THIRD. <br />I give,devise and bequeath all of the rest,residue and remainder of my estate,both real and person - <br />al,including real estate in Custer County,Nebraska,and in the State of Texas,and personal property <br />including money on hand in the checking account in the First National Banh,of Grand Island,Neb- <br />raska,and grainjive stock and farm machinery,of which I may be possessed at the time of my death, . <br />to my beloved wife,Nan Foster,the same to be hers absolutely,and to her heirs forever. <br />FOURTH. <br />I hereby name, nominate and appoint my beloved wife, Nan Foster, of Hall County, Pebraska, as executrix <br />of this my last Will and Testament;and I direct that she shall not be required to give bond or <br />surety as such. <br />IN WITNESS WHEREOF,I have hereunto subscribed my name to this instrument at Grand Island,Nebraska, <br />on this 22nd day of September,A.D.1941,and have written my name on the margin of preceding two <br />pages of this my last Will and Testament. <br />IN PRESENCE OF: William H.Foster <br />Bayard H.Paine, Jr. <br />Shirley Dunn <br />We,whose names are hereunto subscribed,do hereby certify that William H.Foster,the above named <br />Testator,signed his name to the above and foregoing instrument on this 22nd day of September,A.D. <br />1941,in our presence and in the presence of each of us;and at the same time in our presence and <br />hearing declared this said instrument,and none other,was his' lastWill and Testament;and we,at <br />his request,and in his presence and in the presence of each other,have hereunto signed our names <br />as attesting witnesses,and it is our belief that he is of sound mind and competent to make a Last <br />Will and Testament on this date. <br />Bayard H.Paine Jr. <br />of Grand Island,Nebraska <br />Shirley Dunn <br />of Grand Island,Nebraska <br />ENDORSEMENT: Last Will and Testament of: William H.Foster <br />September 22,1941 <br />HALL CAUNTY,NEBRASKA FILED OCT 6 1942 PAUL N.KIRK COUNTY JUDGE <br />State of Nebraska ) <br />)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 <br />Island,in said County,on the 29th day of October A.D.,1942. <br />Present Paul N.Kirk County Judge <br />In the Matter of the Estate of <br />William H.Foster,Deceased <br />I,Paul N.Kirk,Jud e of the County Court,in and for said County,do hereby certify that on the 6th <br />day of October 19 2,the instrument purporting to be the last will and testament of William H.Foster <br />deceased,was filed for probate in this Court.That on the 29th day of October 1942,said instrument <br />to which this certificate is attached was duly proved,probated and allowed as the last will and <br />testament of the real and personal estate of said William H.Foster deceased,and the same was ordered <br />to be recorded in the records of the Court afores &id. <br />IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the County Court,this 29th <br />day of October 1942. <br />(SEAL) Paul N ,Kirk <br />County Judge <br />HALL COUNTY JTEBRASKA FILED OCT 29 1942 PAUL N.KIRK COUNTY JUDGE. <br />IN THE COUITTY COURT OF HALL COUNTY,NEBRASKA <br />IN THE IIIATTER OF THE ESTATE ) DECREE, <br />OF WILLIAM H.FOSTER,DECEASED ' ) <br />Now on this 21st day of July,1943,this cause came on for hearing upon the final report filed here- <br />in by Nancy B.Foster.Executrix of the estate of William H.Foster,deceased,and upon her petition <br />for the approval and allowance of said report,settlem ent of said estate,determination of the heirs <br />and her discharge herein,and the Court having examined the records and files and being fully ad- <br />vised in the premises finds: <br />That Nancy B.Foster,widow of the said William H.Foster,f sled her petition in this Court on the 6th <br />day of October,1943,alleging,,among other things,that William H.Foster departed this life testate <br />on the 22nd day of September,1942,and was at that time a resident and inhabitant of said County <br />and State and was the owner of an estate to be administered in said County;that upon reading and <br />filing said petition,an order was entered fixing the time and place for hearing the evidence in <br />support of said petition,giving notice thereof to all interested parties by publishing said notice <br />for three successive weeks in the Grand Island Daily Independent,a legal newspaper published and <br />circulated in said County. <br />That said hearing was held, as heretofore ordered by the Court, as by law required, and Letters Test - <br />amentary were granted to Nancy B.Foster upon the filing of her bond in this Court,as required by <br />law. <br />That due and legal notice has been given to all persons of the time and place fixed by the Court f &r <br />filing claims against said estate by publication for three successive weeks in the Grand Island Daily <br />Independent,as provided by law,and that all persons having claims against said estate,not filed <br />within the time fixed by the Court, if any such there be, should be forever barred, excluded and <br />enjoined from setting up or asserting any such claims against said estate. <br />That said deceased departed this life leaving surviving him as his heirs at law and only heirs at <br />law,legatees,o.evisees and persons entitled to share in his estate,the following,to -wit: <br />fancy B.Foster,a7_so known as Tan Foster,widow,Hall County,Nebraska;Earl V.Foster,son,Grants,New <br />