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<br />THEAUGUSTINECO. 20112.2.41
<br />cumbered by a mortgage which was duly foreclosed, and there was no equity in said premises.
<br />The Court further finds that under the last will and testament of Jennie M.Tully, deceased,
<br />said real estate was devised; to Inez Robinson an undivided one -third interest; to Franklin Tully
<br />an undivided one -third interest; and to Alice Tully, Charles Tully, Alan Tully, Phillip Tully,
<br />and Gordon Tully, an undivided one -third interest, share and share alike.
<br />The Court further finds that there was no inheritance tax due and payable.
<br />The Court finds that all debts and costs of administration have been paid, and nothing further
<br />belonging to said estate remains in the hands of the executors.
<br />IT IS, THEREFORE, ORDERED BY THE COURT that all persons having claims against said estate, and
<br />not filed herein, if -any such there be, are foret er barred and excluded from setting up or assert-
<br />ing any such claims against said estate.
<br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the final report of the executors
<br />of the last will and testament of Jennie M.Tully, deceased, and be the same is hereby, approved and
<br />allowed as and for their final report, said.estate is hereby settled and closed and the executors'
<br />discharged and their bonds as such are hereby released.
<br />Charles Bossert
<br />COUNTY U
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA
<br />CERTIFICATE.
<br />STATE OF NEBRASKA ) I. Charles Bossert, County Judge of Hall County, Nebraska, do hereby certify
<br />HALL COUNTY )ss• that I have compared the foregoing copy of Last Will and Testament, Certificate
<br />of Probate of will and Final Decree - IN THE MATTER OF THE ESTATE OF JENNIE M.TULLY, DECEASED, with
<br />the original record thereof, now remaining in said Court,that the same is a correct transcript
<br />thereof, and of the whole of such original record; that said Court is a Court of Record having a
<br />seal, which seal is hereto attached; that said Court has no Clerk authorized to sign certificates
<br />in his own name, and that I am the legal custodian of said Seal and of the Records of said Court,
<br />and that the foregoing attestation is in due form of law.
<br />IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the County Court,
<br />at Grand Island, this 4th day of October, 1945-
<br />Charles Bossert
<br />(SEAL) County Judge
<br />Filed for record this 4th day of October, 1945, at 4:00 o'clock P.M. 1✓` (::2
<br />Register of DeedW
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<br />WILL AND DECREE
<br />LAST WILL AND TESTAMENT
<br />OF
<br />MARY WILH ELMI .
<br />I, Mary Wilhelmi, of Grand Island, Hall County, Nebraska, being of sound and disposing mind
<br />and memory, do hereby make, publish and declare this as my Last Will and Testament hereby revoking
<br />any and all Wills heretofore made.
<br />I.
<br />I direct that my Executor and Executrix hereinafter named pay all of my just debts and funeral
<br />expenses as soon after my decease as can conveniently be done.
<br />II.
<br />I direct that my Executor and Executrix distribute such portions of my furniture and household
<br />effects, articles of personal adornment and clothing among my children in the event any of my
<br />children wish any part of it and so far as they can equitably divide the same and the remainder
<br />shall be sold and the proceeds distributed as in the next paragraph provided.
<br />III.
<br />I direct that my Executor and Executrix, or the survivor of them, hereinafter named shall be
<br />empowered-to sell and convey all of the real estate of which - I the siezed, and shall liquidate
<br />all personal property.including such items of household fixtures and furnishings and jewelry
<br />not distributed among my children as in the previous paragraph set forth and further direct that
<br />the net proceeds be distributed as soon as reasonably possible and at such time as in the opinion
<br />of my Executor and Executrix distribution can be made either in part or in whole in equal shares
<br />to all of my children; provided further that if any of my children shall precede me in death
<br />leaving issue surviving them then their share in such proceeds shall pass and descend to such
<br />issue by right of representation but if such deceased child of mine shall leave no issue surviv-
<br />ing then the share that such child would receive had he or she been living at the time of my
<br />death shall lapse and shall be equally distributed among the surviving children or their issue.
<br />IV
<br />My Executor and Executrix, hereinafter named, are given full power and authority to sell at
<br />public sale at their discretion all of the real estate of which I die seized, and liquidate
<br />either at public sale or at private sale any personal property owned by me, said sale or sales
<br />not to be made within three months after my death, but to be made within two years after my death,
<br />and I direct that my said real estate and such personal property as is to be sold at public sale
<br />shall, before being so sold, be advertised in such a manner as my Executor and Executrix may deem
<br />advisable and be sold to the highest bidder, with discretion to withdraw the same from such sale
<br />If, in the opinion and judgment of my Executor and Executrix, a satisfactory price cannot be
<br />secured at such public sale or sales and hold a subsequent sale. Provided, however, if in the
<br />judgment of said Executor and Executrix said real estate cannot be sold to advantage at public
<br />sale, as above provided, then and in that event my said Executor and Executrix are authorized and
<br />fully empowered to sell the same, or any part thereof, at private seal, and the above provision
<br />for public sale, which is an expression of choice on my part, shall in such event not be construed
<br />to be a limitation upon their power to sell and convey such real estate, or any part thereof, or
<br />personal property or any part thereof, at private sale, except to themselves without consent of
<br />all of my other children, such sale to be made for cash or upon terms of part cash and part deferred
<br />payments at the discretion of my Executor and Executrix, all deferred payments being secured by
<br />first purchase money mortgages upon the real estate sold, and I hereby give and grant to my Executor
<br />and Executrix hereinafter named full power and authority to cell and convey by good and sufficient
<br />deeds of conveyance my said real estate and by good and sufficient bills of sale or assignments
<br />my said personal property without application or authority from any Court therefor, full authority
<br />being hdreby conferred upon them.
<br />- V.
<br />In making distribution of the net proceeds of such sale or sales as hereinabove set forth or
<br />distribution of any of my personal property, -my Executor and Executrix are empowered if they deem
<br />it advisable to distribute any bonds or mortgages which they acquire in the sale of my real estate
<br />or personal property or bonds or mortgages constituting a part of my personal estate, in kind,
<br />provided this can be equitabl y done, avoiding the necessity of a sale of such securities. If
<br />such division of securities cannot be equitably made, then such securities or mortgages shall be
<br />sold and the proceeds divided as hereinabove set forth.
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