120
<br />WILL AND DECREE RECORD
<br />28081 —The Augustine Co., Grand Island, Nebr.
<br />THIRD.
<br />If any person to whom any legacy is herein given, or to whom any beneficial use, or interest
<br />in, or income of, any trust fund is herein given, shall oppose the probate of this will, or shall
<br />institute, or cause to be instituted, any legal action, suit, or proceedings, of any kind, or
<br />character, to set aside this will, or any part, or parts, thereof, or if any such person shall
<br />cooperate, or aid, in any such action, suit, or proceedings, or shall refuse to accept the pro-
<br />vision, or provisions, herein made, for his, or her benefit, then, and in any such event, I hereby
<br />revoke any or all legacies, or °other testamentary dispositions, herein contained, in favor of
<br />any such person.
<br />FOURTH.
<br />I name, nominate, and appoint my son, George Williamson, to be�xecutor of this, my last will
<br />and testament.
<br />IN WITNESS WHEtEOF, I have hereunto set my hand to each of the three typewritten pages hereof,
<br />this 9 day of September, 1942.
<br />Witnesses:
<br />Bernice E. Matthews Moses Williamson
<br />Wm SUEr
<br />We, whose names are hereunto subscribed, do hereby certify that the testator, Moses Williamson
<br />signed his name to the foregoing instrument in ourt- presence and in the presence of each of us,
<br />and, at the same time and in our presence and hearing, declared the same to be his last will and
<br />testament, and we, at his request, and in his presence and in the presence of each other, have
<br />hereunto subscribed our names as attesting witnesses.
<br />Bernice E. Matthews
<br />or urand Island,e raska.
<br />Wm Suhr
<br />Of Grand s an , e raska.
<br />HALL COUNTY, NEBRASKA F I L E D JUL 19 1944 CHARLES BOSSERT COUNTY JUDGE
<br />IN THE DISTRICT COURT OF HALL COUNTY, NEBRASKA
<br />In the Matter of the )
<br />Estate of Moses Williamson, )
<br />Deceased )
<br />Case No. 10445
<br />William Suhr, )
<br />Proponent ) JOURNAL gNTRY
<br />vs )
<br />John Williamson, et al,
<br />Contestants. )
<br />And now on this 21st day of June, 1946, the same being one of the judicial days of the
<br />regular term of the District Court of the Eleventh Judicial District of Nebraska, held in and for
<br />Hall County, this cause came on to be heard on the three motions for new trial filed in this cause,
<br />to -wit, Motion of Marian Rurup, contestant, the motion of Katie Dahl, et al, contestants, and the
<br />motion of William Suhr, proponent; and now the court, being fully advised in the premises, finds
<br />that said Motions, and each and all of them, should be overruled;
<br />IT IS, THEREOFRE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the motion for new trial of
<br />Marian Rurup, contestant, the motion of Katie Dahl, et al, contestants and the motion of William
<br />Suhr, proponent, be and the same are hereby overruled; to all of which the said contestants and
<br />proponent excepted.
<br />And said cause came on further to be heard for a judgment upon the verdict;
<br />IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT upon said verdict that Exhibit
<br />No. 1, to -wit, the will of Moses Williamson dated September 9, 1942, is the last will and testa-
<br />ment of Moses Williamson and should be admitted to probate.
<br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that said will be and the same is
<br />hereby admitted probate.
<br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT upon said verdict that the purported
<br />eodicial to the last will and testament of Moses Williamson, Exhibit No. 2, being a codicil - .dated
<br />December 30, 1943, is not a valid codicil to the last will and testament of Moses Williamson and
<br />should not be admitted to probate;
<br />IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that said Codicial, Exhibit No.
<br />2, being the codicil dated December 30, 1943 be and the same is hereby denied admission to probate.
<br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that this judgment, to -wit, a judg-
<br />ment admitting the last will and testament to probate and denying probate of the codicil.- be
<br />certified to the County Court of Hall County, Nebraska, where such proceedings Ohall be had thereon
<br />as are necessary to carry the final decision and judgment into execution.
<br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the costs of this proceeding be
<br />and the same are hereby ordered taxed to the estate of Moses Williamson, deceased.
<br />The Court further finds that Harold A. Prince was appointed guardian ad'iitem for certain
<br />parties to this action in the County Court of Hall County, Nebraska, and thereafter re- appointed
<br />in the District Court of Hall County, Nebraska, and that his fees as said guardian ad litem for
<br />services in both courts be fixed and determined by the County Court of Hall County, Nebraska.
<br />E. G. Kroger
<br />DI3 �i -- E.
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