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WILL AND DECREE RECORD <br />26081 —The Augustine Co., Grand Island, Nebr. <br />provided, to all heirs -at -law and other persons interested in said estate, of the filing of said <br />petition, and. of the time and place fixed for hearing on the same. And there being no objections <br />thereto, this cause was duly submitted to the Court upon the petition and evidence in support <br />thereof, and the Court being fully advised finds that the allegations of said petition are true, <br />and that Arthur .C. Menck, the petitioner, is one of the present owners of the real estate described <br />herein, and is a. competent and proper person to prosecute this proceeding; that the said Linnie E. <br />Menck departed this life intestate at her-hQme in Grand Island, Hall County, Nebraska on September <br />5, 1937, and at the time of her death she was a resident of Hall County, Nebraska and the owner <br />in fee simple title of Lots Number Nine (9) and Ten (10) of Block Number Sixteen (16) of Schimmer's <br />Addition to the City of Grand Island, Hall County, Nebraska, and that more than nine (9) years <br />have elapsed since her death; that no application has ever been made in the State of Nebraska for <br />the appointment of an administrator and no petition has been filed for that purpose and that no <br />administration has ever been had upon the Estate of the said Linnie E. Menck, deceased. <br />The Court further finds that the said Linnie E. Menck left surviving her as her heirs -at =law, <br />and only heirs -at -law, her husband, August C. Menck, and her sons, Arthur C. I4enck, the petitioner <br />herein, and Ray R. 1�enck and Roy A. Henck. <br />The Court further finds that under the laws of the State of Nebraska in force at the time of <br />the date of the death of the said Linnie E. Menck, the real estate herein described passed and <br />descended as follows: An undivided one -third (1) 'thereof to August C. Menck, surviving husband; <br />two - ninths (2/9) thereof to Arthur C. Menck, her son; two- ninths (2/9) thereof to Ray R. Menck, <br />her son; and two - ninths (2/9) thereof to Roy A. Menck, her son. <br />The Court further finds that the funeral expenses of the deceased have been fully paid and <br />that all debts of the said deceased and of her estate, if any such existed, are forever barred <br />and precluded and that the cost of this proceeding has been paid. <br />IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE COURT that the said Linnie E. 1vienck, <br />died intestate in Hall County, Nebraska on the 5th day of September, 1937; that more than nine (9) <br />years have elapsed since her death; that no application for appointment of an administrator for <br />her estate has been made, nor has there ever been any administration upon the estate of the-said <br />deceased in the State of Nebraska; that said deceased was the owner in fee simple title of Lots <br />Number Nine (9) and Ten (10) of Block Number Sixteen (16) of Schimmer's Addition to the City of <br />Grand Island, Hall County, Nebraska; that the petitioner herein is a competent and qualified <br />person to prosecute this proceeding; that said deceased left surviving her as her heirs -at -law <br />and only heirs -at -law her husband, August C. Menck, and her sons, Arthur C. I"ienck, Ray R. Menck, <br />and Roy A. Menck; that upon the death of the said Linnie E. Menck the real estate hereinbefore <br />described passed and descended by absolute title under the intestate laws of the State of Nebraska <br />in force at the time of the death of the said Linnie E. Menck, to her husband and sons as follows: <br />1/3 thereof to her husband, August C. Menck, 2/9 thereof to Arthur C. Menck, 2/9 thereof to Ray <br />R. Menck, and 2/9 thereof to Ray A. -enck, sons of the deceased. <br />IT IS T-HEREFORE ORDERED, <br />deceased and of her estate if <br />administration of said estate <br />forever closed. <br />STATE OF NEBRASKA <br />ADJUDGED, AND DECREED BY THE COURT that all debts of the said <br />any such there are, are forever barred and precluded end further <br />Is hereby dispensed with, and said estate is finally settled and <br />Charles Bossert <br />County Judge <br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA <br />CERTIFICATE <br />ss. I, Charles Bossert County Judge of Hall County, Nebraska, do hereby <br />HALL COUNTY ) certify that I have compared the foregoing copy of Decree entered IN <br />THE MATTER OF THE ESTATE OF LINNIE E. MENCK, DECEASED, with the <br />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; L-hat 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 Ta,1H:EREOF I have hereunto set my hand and affixed the seal of the County Court, <br />at Grand Island, this 26th day of February, 1947. <br />Charles Bossert <br />(SEAL) County J e. <br />Filed for record this 26 day of February 1947 at 10:00 o'clock A. M. <br />egts er of DeedW <br />0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0- 0 -0 -0 -0 -0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0- <br />DECREE <br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA <br />IN THE MATTER OF THE ESTATE ) <br />OF ) AMENDED DECREED <br />AUGUST C. MENCK, DECEASED. )) <br />Nowion this 25th day of February, 1947 this cause came on for hearing upon the application of <br />Arthur C. Menck, one of the heirs of August C. T°Ienck, deceased, and the administrator of the <br />estate of August C. 1'Ienck, with the Will annexed, praying for an order setting aside the.decree <br />heretofore entered, and for leave to file an Ammended Inventory, and further requesting the <br />Court to enter an Amended Decree for the reason that the administrator failed to include in the <br />Inventory certain real estatewhich the said August C. I °Ienek owned, to -gait: <br />An undivided 113 interest in and to Lots Nine (9) and Ten (10) in Block Sixteen <br />(16) in Schimmmer's Addition to the City of Grand Island, Nebraska, <br />and after an examination of the files in the estate of August C. Menck, the Court finds that the <br />Final Decree was entered in this Court in the estate of August, -C. I 4enek, deceased on April 4, 1944; <br />which decree was igllrords and figures as follows: <br />" IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA, IN THE MATTER OF THE ESTATE OF AUGUST C. MENCK, <br />DECEASED. FINAL DECREE. No on this 4th day of April, 1944, said hearing having been continued <br />D <br />1 <br />1 <br />