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570 <br />-16wo F, I bal X v � 0") J I It � j V& <br />THEAUGUSTINECO. 20112.2.41 <br />newspaper printed in said County,for three successive weeks prior to said day of hearing,and it <br />appears by proof on file that notice of said order was so given. <br />THIRD <br />The Court further finds that objections to the appointment of Henry Happold as co- executor,were <br />filed herein on January 27,1944,and on the 27th day of January, 1944,said Henry Happold and John <br />Schmidt filed their declination as Executors,and on said 27th day of January,1944,said instruments <br />were proven,allowed and admitted to probate as the Last Will and Testament and Codicil thereto <br />of said Lena tiappold,deceased,which Last Will and Testament and Codicil thereto are in words as <br />follows: <br />LAST WILL _ OF LE114A HAPPOLD <br />I,Lena Happold,being of sound mind and memory but conscious of the uncertainties of this mortal <br />life,make this my last will hereby revoking all former wills by me made. <br />I appoint my sons August Happold and ftenry Happold executors of this will and provide that they <br />need give no bond for the performance of their duties. <br />I have made a settlement with daughter Bertha Neuhalfen and she has expressed her satisfaction <br />with such settlement and her desire that no part of my estate be given to her and I give her the <br />sum of Ten ($10.00) Dollars and no more. <br />The rest, residue and remainder, real, personal or mixed property, shall be divided in nine <br />equal parts and I give one -ninth of my estate to each of the following named personp,my children, <br />towit: August Happold, Henry Happold, Christian Happold, Carl Happold, Paul Happold, Anna Schmidt, <br />Minnie Cutshau, Marie Southall and Louise Happold, to them and to their heirs and assigns forever. <br />I have retained the law firm of Mayer & Mayer of Grand Island to act as advisors to my executors <br />and to take charge of the administration of my estate and.I direct my executors to employ said <br />attorneys, their compensation to be fixed by the County Judge of Hall County, <br />Done at Grand Island this 21st day of March, 1935. <br />Mrs. Lena Happold <br />Testatrix <br />The foregoing was, at the date thereof, signed, sealed, published and declared by said testatrix <br />as and for her last will in our presence and we, in her presence and in the presence of one another <br />and at her special request, have signed our names as witnesses hereto. <br />Arthur C.Mayer <br />Jessie Overdorff <br />Charles L. Haux <br />CODICIL* <br />I, Lena Happold, do hereby make this a codicil to my last will hereby confirming the same but <br />with this provision - that I revoke the appointment of my son August Happold as one of my executors <br />and designate in his name ^nd stead my son -in -law John Schmidt who shall act as co- executor with my <br />son Henry Happold. Said will was executed the 21st day of March, 1935• <br />Dond this first day of April, 1935• <br />Mrs.Lena Happold <br />The foregoing; was at the date thereof signed sealed published and declared by said teatatrix as <br />and for he last will in our presence and we in her presence and in the presence of one another <br />have signed our names as witnesses hereto at her special request. <br />Jessie Overdorff <br />Arthur C.Mayer <br />and that thereto attached is the following certificate, to-wit: <br />CERTIFICATE OF PROBATE OF WILL AND CODICIL THERETO <br />STATE OF NEBRASKA )sse At a Session of the County Court held in the County Court Room in Grand <br />HALL COUNTY ) Island in said County, on the 27th day of January, A.D. 1944. <br />Present Paul N.Kirk,County Judge <br />In the Matter of the Estate of <br />Lena Happold, Deceased. <br />I Paul N.Kirk, Judge of the County Court, in and for said County, do hereby certify that on <br />the �th day of January, 1911 -41, instruments purporting to be the last will and testament and Codicil <br />thereto of Lena Happold, deceased, were filed for probate in this Court. That on the 27th day of <br />January, 1944, said instruments to which this certificate is attached were duly proved, probated <br />and allowed as the last will and testament and Codicil thereto of the real and personal estate of <br />said Lena Happold, deceased, and the same were ordered to be recorded in the records of the Court <br />aforesaid. <br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Court this <br />27th day of January, 19414. <br />(SEAL) Paul N.Kirk,County Judge <br />and H.P.Zieg of Grand Island,Nebraska, was appointed Administrator with said Will and Codicil <br />thereto Annexed, upon f,�rnishing bond in the sum of $20,000.00 as ordered by this Court, which <br />bond was furnished and approved; the Court further finds that said Lena Happold, at the time of <br />her death, was a widow and that she left the following heirs -at -law and only heirs -at -law, to --wit: <br />August Happold, a son, Christian J.Happold, a son, Henry Happold, a son, Louise Happold, a daughter, <br />Minnie Cutshaw, also known as Minna Cutshaw and also known as Minnie Cutshau, a daughter, Anna <br />Schmidt, a daughter, Karl Happold, also known as Carl Happold, a son, Paul Happold, a son, Marie <br />Happold Southall, formerly Marie Happold, a daughter, and Bertha Neuhalfen, a daughter, all of whom <br />are over the age of 21 years. <br />FOURTH. <br />The Court further finds that on the 31st day of January, 1944, an order of this Court was made <br />allowing creditors three months from and after the 23rd day of February, 1944, in which to file <br />their claims against said estate and said Administrator one year in which to settle said estate, <br />1 <br />i <br />1 <br />