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<br /> WILL AND DECREE RECORD
<br /> 26081—The Auguatine Co., Grand Island, Nebr.
<br /> FINAL DECREE
<br /> IN T1IIE COUNTY COURT OF HALL COUNTY, NEBRASKA
<br /> IN THE MATTER OF �
<br /> THE ESTATE OF � FTNAL DECREE
<br /> OLIVER E. aILBERT, Deeeased �
<br /> STATE OF NEBRASKA )
<br /> )ss: At a sessi.on of the County Court held in and for said Coun�y of Hall,
<br /> COUNTY OF HALL ) State o�' Nebraska, this 22nd day of June, 19�9•
<br /> Present : Qharles Bossert, County Judge. �
<br /> BE TT REr�EMBERED that on tne 2�th day of' May, 1949, Ona Gilbert, executrix under �he Last w311
<br /> and Testament of Oliver E. Gilber�, deceased, filed in this Court her final aceount as such
<br /> executrix and a pstition prayin� that said account be allowed for a decree of he3.r�hip, a,n order
<br /> oP di�tribution, a final settlement therevn and discharge.
<br /> For �hese purposes, the 22nd day o� June, 1949, at 10 o �clock a.m. at the County Cour't Room
<br /> in �,id County was assigne d as the time and place for hearing said petition, examining and allowing
<br /> sa�.d aecount and it was ordered �hat notice of the pendency of said pet3.tion be given to a1I persons
<br /> interested in said estate by publishing sueh notice in the Grand Island Independen't, a legal news-
<br /> paper printed in said County, �or �hree weeks prior to said day of hearing; and it appears by proof
<br /> on file that said notice was given as ordered by Court and that no ob,jee�ians to said final account
<br /> have been made or filed.
<br /> Upon examination of �he record and the evidence in this matter and being duly adv�.sed in the
<br /> premises, the Court finds as follows:
<br /> FIR5T
<br /> That �liver E. G3.lbert departed this life in Hall County, Ne'araska, on the 2�+th day of
<br /> November, 19�-�, testate and at the �ime of his death he was a resident of Hall County, Nelaraska
<br /> SECOND .
<br /> Tha� on the 30th day of November, 194�, Ona Gilbert filed in this Court an instrument pur-
<br /> ported to be the Last Will and Testament of said Ol�ver E. Gilbert, deceased, wherein said
<br /> petitioner was narned executrix, and a petition offering said W�,11 for probate, and on the 30th day
<br /> of November, 19�-£�, an order of this Court was made therein assigning the 29th day of December, 194�,
<br /> at 10 o�clock a.m. in the County Court Room in said County as the time and place for hearing said
<br /> (2)pe�ition, proving said Will and admitting the same tfl probate and orderin� that notice of the pend�ncy
<br /> of sa3.d petition and hea,rin� thereon be given to all persons interested in said ma'�ter by publishiug
<br /> s�.�d notice in the Grand Island Indep�ndent, a legal newspaper printed in said County �'or three suc-
<br /> cessive weeks prior to saic� day of hearing, and it appears by proof on file that notice of said
<br /> or der was so given.
<br /> THIHD
<br /> The Court further finds that on the 29th day of December, 19��, said 3.ns'�rument was proven,
<br /> allowed and admitted to proba�e as the Las� Wi11 and Testamer�t of said Oliver E. Gilbert, deceased,
<br /> which Last Wi31 and Testament, is in words as follows: .
<br /> T, Oliver E. Gilbert, of Ha11 County, Nebraska, . being of sound mind and disposing memory, do
<br /> hereby make, publish and declare this my Last Will and Testament, as follows:
<br /> . l.
<br /> T hereby appoint my niece Ona Gilbert, who is making her home wi�h me near Alda, �tebraska,
<br /> Execut�ix of this Will and provi de that she need give no surety on her bond as such.
<br /> . 2.
<br /> T hereby direct my said Executrix to pay all o� my �ust deb�s, ineluding expenses of' my last
<br /> illness and burial, out of my estate, and if the personal property owned by me at the time of my
<br /> • death, be insufficient for that purpose, I hereby expressly authorize and direct said Executrix to
<br /> sell at public or private sale as she may deem best, and upon such terms as to her may seem best,
<br /> any and all of my real estate, withou� first procuring any order, license or permission from any
<br /> Court or Judge what or whomsoever for that purpose, and authorize her to make, exeeu'te, acknowledge
<br /> and deliver good and sufficient deeds of conveyance thereof �o such purchaser or purchasers, Por the
<br /> purpose of raising sufficient money to pay such deb�s and expenses of �my estate.
<br /> 3•
<br /> Inasmuch as my former wife, Mary Qilbert, obtained a divoree from me many years ago, I leave
<br /> her nothing whatsvever in this TrTi21 and not being unm3ndful of my many nephews and nieces nor of
<br /> my brother Henry M. Gilbert, nor my sister Mrs. Libby Kindle, T hereby devise and b�queath all of
<br /> my estate of every nature whatsoever and wheresoever situated, unto my said niece Ona Gilbert, to
<br /> her in fee simple absolute for the reason 'Ghat she has been willing '�o move from Burwell to my home
<br /> and ha,s agreed to caxe for me.
<br /> I hereby expressly revoke any and all former Wi11s by me made.
<br /> Done at Grand IsTand, nTebraska, this 25th day of July, 19�-7.
<br /> Witnes5; OLIVER E. QILBERT, Testator '�'
<br /> JESSIE OVERDORFF .
<br /> HERBER2 F. 1�!1AYER
<br /> We whose names are hereunto subscribed, do hereby certify that 0liver E. Gilbert, the Testator,
<br /> he then being of sound mind and under no c�ompulsion, subscr3.bed his name to the fore�oin� instrument
<br /> in our presene� and in the presence oP each of us, and at the same time and in our presence and; hear_
<br /> {3��-�g, declared the same to be his Last r�lill and Testament, and we at his specia.l instance and request
<br /> and in his presence and in the presence of each other, have hereunto subscribed our names as attest-
<br /> ing witnesses.
<br /> JESSIE OVERDORFF .
<br /> HERBERT F. MAY'ER
<br /> an d thereto attached is the following Cer�ificate:
<br />
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