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<br />NO. 9 HALL COUNTY
<br />in Hall County, Nebraska, more particularly described in the deeds recorded in Book 46 at page
<br />162 and Book 7 at page 300 of the Deed Records in the office of the Register of Deeds of Hall
<br />County, Nebraska, I hereby devise and bequeath unto my said Executor Otto Guenther 4s Executor,
<br />with power to sell said real estate as soon after my death as he conviently can on such terms and
<br />conditions as in his opinion are best, without first obtaining leave or license of any Judge or
<br />Court whatsoever, and hereby authorize and empower him to make,execute, acknowledge and deliver
<br />such deed or deeds of conveyance necessary to carry out the intent hereof, said premises to be sold
<br />by him no later than two years after the date of my death, the proceeds from such sale, after the
<br />payment of the costs and expenses of selling the same, are to be distributed by him as follows:
<br />Three Hundred Dollars ($300.00) to my granddau hter Geraldine Gehrd, One Hundred Dollars ($100.00)
<br />to my son Otto Guenther, Fifty Dollars ($50.00 to my Granddaughter Evelyn Fregeu, Fifty Dollars
<br />($50.00) to my grandson Robert Rex Cummings, the balance of the proceeds is to be paid unto my
<br />dear daughter Carolina Smith, to her and to her heirs forever, and I hereby devise any other real
<br />estate unto her, of which I may die seized.
<br />Done at Grand Island, Nebraska, this 7th day of July, 1943-
<br />Mary Gehrt
<br />Testatrix
<br />Witness:
<br />Henry Hann
<br />D.O. Beckmann.
<br />Herbert F. Mayer
<br />We whose names are hereunto subscribed, do hereby certify that Mary Gehrt, the testatrix, she
<br />then being of sound mind and under no compulsion, subscribed her name to the foregoing instrument
<br />consisting of two pages, in our presence and in the presence of each of us, and at the same time
<br />and in our presence and hearing, declared the same to be her Last Will and Testament, and we at her
<br />special instance and request and in her presence and in the presence of each other, have hereunto
<br />subscribed our names as attesting witnesses. Henry Hann
<br />D. ©.Beckmann
<br />Herbert ayer
<br />And thereto attached is the following Certificate:
<br />CERTIFICATE OF PROBATE OF WILL
<br />STATE OF NEBRASKA ) At a session of the County Court held in the County Court Room in Grand
<br />COUNTY OF HALL )'8s Island, in said County, on the 17th day of October, A.D. 1945.
<br />Present Charles Bossert, County Judge.
<br />In the Matter of the Estate of
<br />Mary Gehrt, deceased.
<br />I, Charles Bossert, Judge of the County Court, in and for said County, do hereby certify that
<br />on the 20th day of September, 1945, the instrument purporting to be the last will and testament
<br />of Mary Gehrt, deceased, was filed for probate in this Court. That on the 17th day of October,
<br />1945, said instrument to which this Certificate is attached was duly proved, probated and allowed
<br />as the last will and testament of the real and personal estate of said Mary Gehrt, deceased, and
<br />the same was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Court, this
<br />17th day of October, 1945-
<br />Charles Bossert
<br />(SEAL) County Judge
<br />and said Otto Guenther was appointed Executor thereof upon furnishing bond in the sum of $1,000.00
<br />as ordered by this Court, which bond was furnished and approved; the Court further finds that said
<br />Mary Gehrt, at the time of her death, was a widow and that she left the following heirs -at -law
<br />and only heirs -at -law to -wit: Otto Guenther, a son; Caroline L.Smith, a daughter, who was described
<br />in said Will-as Mrs. Carolina Louise Smith and also as Carolina Smith; Geraldine Gehrt, a grand-
<br />daughter, also named in said Will as Geraldine Gehrd; she being the only child of a son John Gehrt
<br />who preceeded said bhry Gehrt in death; Evelyn Fregeag,, a granddaughter, also named in said Will
<br />as Evelyn Fregeu, and Robert Cummings, a grandson, also named in said Will as Robert Rex Cummings,
<br />they being the only children of a daughter Dora Cummings, described in said Will as Doris Cummings,
<br />who preaeOided said Mary Gehrt in death; Jack Screeve Guenther, an adopted and only child of a son,
<br />George R.Guenther who preceeded said Mary Gehrt in death.
<br />FOURTH.
<br />The Court further finds that on the 17th day of October, 1945, an order of this Court was
<br />made allowing creditors three months from and after the 14th day of November, 1945, in which
<br />to file their claims against said estate and said Executor one year in which to settle said estate,
<br />and further ordering that notice to creditors be published in the Grand Island Independent, a
<br />legal newspaper published and circulating in Hall County, Nebraska, for three successive weeks
<br />prior to the 14th day of November, 1945, and that a hearing on claims filed against said estate
<br />would be held at the office of the County Judge of Hall County, Nebraska, on the 16th day of
<br />February, 1946, at 9 o'clock A.M., and it appears by proof on file that notice of said order was
<br />published as ordered by this Court.
<br />FIFTH.
<br />The Court further finds that on the -- day of February, 1946, said Otto Guenther, Executor.of
<br />said estate, filed in this Court his inventory of the property of said estate, and that according
<br />to said inventory, the deceased died seized and possessed of the following described property,
<br />to-wit:
<br />A tract or parcel of land commencing at the northwest corner of the piece of land in Lot Thirteen
<br />(13) of the County Subdivision of the South Half of the Southeast Quarter (SiSEi) of Section
<br />Sixteen (16) in Township Eleven (11) North,Range Nine (9),West of the 6th P.M., described in the
<br />deed from Christian Hann to Anton H.Rehder recorded in Book 27 at page 402 of the Deed Records of
<br />Hall County, Nebraska, running thence westerly along the northerly line of said Lot 13, 62 feet,
<br />thence southerly at right angles 180 feet, thence easterly at right angles 66 feet, thence northerly
<br />at right angles 180 feet, thence westerly at right angles 4 feet to the place of beginning.
<br />A piece or parcel of land in Lot Thirteen (13) of the County Subdivision of the South Half of the
<br />Southeast Quarter (SJSEJ) of Section Sixteen ( -16) in Township Eleven (11) North,Range Nine (9),West
<br />of the 6th P.M. within the City of Grand Island, Nebraska, described more particularly as follows:
<br />Commencing at a point on the southerly side of said Lot 13, 105 feet easterly from the southwest
<br />corner thereof; running thence easterly on said southerly side 66 feet, thence northerly at right
<br />angles 190 feet running thence westerly at right angles 66 feet and running thence southerly at right
<br />angles 180 feet to the place of beginning.
<br />and personal property of the approximate value of $729.50.
<br />The Court further finds that according to the terms, conditions and provisions of said Last
<br />Will and Testament of said deceased, said chattel property was devised and bequeathed as follows:
<br />To Jack Screeve Guenther the sum of $5.00,all household goods, clothes, linens and personal effects
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