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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. <br />