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<br />THE AUGUSTINE CO. 20112.2.41
<br />C.Burkerd, deceased, all of the above mentioned and described real estate did pass and descend at
<br />his death to the said Melissa Burkerd for the term of her natural life and that at her death the
<br />said real estate does pass and descend to the said Ida M.Bence, Hannah M.Brocklehurst and Evalena
<br />Brocklehurst in equal shares Ind in absolute title.
<br />I find that all of the personal property belonging to said estate, remaining after the payment
<br />of debts and funeral expenses and the costs of administration, passes by virtue of said last will
<br />and testament to the said Melissa Burkerd and that the same has been turned over to her by the
<br />said executor.
<br />It is therefore ordered, adjudged and decreed that the account of William A.Colwell, executor,
<br />be and the same is hereby approved and allowed.
<br />It is further considered that said estate is fully settled and all persons are forever barred
<br />from filing any claims or demands against the same.
<br />And it is further ordered and. adjudged that the above described real estate did pass and descend
<br />at the death of the said Nicholas C.Burkerd, by virtue of his last will and testament, to Melissa
<br />Burkerd, his widow, to have and to hold to her during the term of her natural life, and at her death
<br />the same does pass and descend to the said Ida M.Bence, Hannah M.Brocklehurst and Evalena Brocklehurst
<br />in equal shares to have and to hold to them and their heirs and assigns forever.
<br />J.H.Mullin,
<br />County Judge
<br />State of Nebraska )ss. I, J.H.Mullin, County Judge in and for Hall County, State of Nebraska,
<br />Hall County ) do hereby certify that the above and foregoing is a true and correct
<br />copy of the final decree of the County Court in the matter of the settlement of the estate of
<br />Nicholas C.Burkerd, deceased, as the same nopears of record in my office.
<br />?fitness my hand and official seal this 24th day of February, A.D. 1904.
<br />J.H.Mullin
<br />(SEAL) County Judge
<br />Filed for record this 24 day of January, 1944, at 11:50 o'clock A.M. A 041�*U___�
<br />Register of weeds
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<br />WILL & DECREE
<br />LAST WILL AND TESTAMENT OF
<br />CYRUS P.RATHBUN
<br />In the name of God Amen;I Cyrus P.Rathbun of the County of Hall and State of Nebraska,being of
<br />sound mind and memory,and considering the uncertainity of this mortal life,do hereby make this
<br />as and for my last Will and Testament,that is to say; I order and direct that my executor here -
<br />inafter appointed pay all of my just debts and funeral expenses as soon after my decease, -as
<br />convenienienly may be.
<br />I hereby nominate and appoint my friend D,L.M inor executor of this my last Will and Testament.
<br />I give devise and bequeath unto my daughter- in- law,Anna Rathbun,all of my real estate,to have
<br />and to hold for and during her natural life or until she remarry,with remainder over as herein
<br />after provided.The intention being that she receive the income,rents and profit of said real
<br />estate as long as she live,if she remain a widow,but if she remarry then the life estate is to
<br />cease and come to an end.
<br />Subject to the afore mentioned life estate,I give, devise and bequeath the remainder or Pee of my
<br />real estate to my Pour grandchildren in the following proportion:
<br />Upon the termination of the above mentioned life estate,I order and direct that the said real
<br />estate of which I die seized be sold and the proceeds divided as follows:
<br />To Donald R.Rathbun a one - fourth part
<br />To Ralph W.Rathbun a one - fourth pact
<br />To Georgiana R.Rathbun a one- fourth part
<br />To Ellen I.Rathbun a one Fourth part
<br />The intention being that my four grandchildren upon my death become the owner in fee of all of my
<br />real estate subject to the above mentioned life estate,share and share alike,subject to a charge
<br />on the interest of Donald R.Rathbun hereinafter provided for.
<br />My grand son Donald R.Rathbun having in my life time received from my deceased son the sum of One
<br />Thousand Dollars,I order and direct that all of his interest hereunder be charged with the payment
<br />of the sum Seven Hundred Fifty Dollars to be paid to my other Three krandchildren Ralph W.Rathbun
<br />Georgians R.Rathbun and Ellen I.Rathbun in equal shares,the intention being that before Donald
<br />R.Rathbun takes any interest hereunder,he is to pay the afore mentioned charge to my other grand-
<br />children and said amount shall be a lien against his interest until paid,payment of said charge
<br />to be made within 12 months after the life estate terminates.If he fail to pay said charge within
<br />the time specified then the interest of Donald R.Rathbun shall become a part of my residuary estate.
<br />All of the rest,residue and remainder of my estate,real,personal or mixed,I give,devIse and bequeathe
<br />unto my four grand children Donald R.Rathbun,Ralph W.Rathbun,Georgiana R.Rathbun and Ellen I.
<br />Rathbun share and share alike,to have and to hold forever.
<br />I hereby revoke any and all former wills by me xiade.
<br />Dated at Grand Island Nebraska this 22 day of October 1927. his
<br />Cyrus X P.Rathbun
<br />mar
<br />Testator
<br />This instrument was on the day of the date thereof signed,sealed,published and declared by the
<br />testator Cyrus P.Rathbun as and for his last Will and Testament in our presence and in the presence
<br />of each of us,and we at his request,in his presence and in the presence of each other have hereunto
<br />set our names of attesting witnesses _ Luther Pope
<br />Sam Shoemaker
<br />A.L.Joseph
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