1
<br />� �� �� !
<br /> WILL AND DECREE RECORD
<br /> 28081—The Auguatine Co., Grsad Ialand, Nebr. �
<br /> shall be sub�ect to such homes�ead interest.
<br /> The Court further finds that in the even� of remarria�;e the real esta'�e here3.nabove-described
<br /> and located in Howard County, Nebraska, shall immediately pas5 and deseend to Colleen Mae Luth
<br /> Bales, provided, how�ver, that she ah�.l not in any wa,y �ell, convey, mortgage or a13.enate h�r
<br /> �.n�terest in said real estate un'�il she has attai.n�d the age o�' thirty-five years.
<br /> The Court further finds that under the terms and provis�.ons of the Last Wi�l and T'estament,
<br /> the said Colleen Mae Luth Bales 1.s entitled to receive certain personal property but that if she
<br /> has not atta3.ned the age of �wenty-five years the same shali be held in trust by some auitable
<br /> person to be appointed bS� the Court. The Court finds tha.t she is now twenty years of age and
<br /> that a trustee slwuld be appo3r�ted, a trugt estate ha.ving been created by �h� term� of the Will,
<br /> and that upon the appointment of a truste� the executrix of �he estate shall transf er a11 asse�s
<br /> belong3.ng to Colleen Mae Luth Balea �o such trustee, the executrix discha.r�ed and the estate
<br /> clo5ed.
<br /> IT IS, THEREFORE, ORDERED, A,DJUDGED AND DECREED BY THE COURT that the f inal report of
<br /> Marga.ret A. Luth, executrix of the estate of Henry C. Luth, who is also known as Henry Luth,
<br /> deceased, be, and the same hereby 3.s, in a11 th3.ngs, approved and allowec# as and for the final
<br /> repor� o�' said executrix and the said. esta,te is hereby settled and closed and the executrix
<br /> discharged upon filing proper receip'�s of the duly appointed, qualif�.ed and acting trustee.
<br /> IT IS FURTHER ORDERED, ADJUDGED AND DECREE� BY THE COURT that a11 persons hav�.ng claims
<br /> against said esta,t�, if any such �here be, are f orever barred, en�oined and exeluded from setting
<br /> up or assert�.ng any such cla,ims aga3.nst said esta�e.
<br /> IT �S FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT ��iat under the terms and provisions
<br /> of the Last Wi11 and Testament oP said Henry C. Luth, deceased, a trus� was created and that a
<br /> trustee shou].d be appo3.nted in proper proceedings 3.nsti�u�ed for that purpose; that the personal
<br /> property �o whieh Colleen Mae Luth Ba1.es is en�3.tled be tranaferred to �uch trustee and �hat saSd
<br /> trustee take charge of any real estate in which the said Colleen Mae Luth Bales derives title or
<br /> beeomes vested under the terms of �he Will should thi� happen before she at�ain8 the age of
<br /> twenty-five years. The Court further f inds that the said Henry C. Luth, at the �ime of his death,
<br /> was po�seased of certain real esta'Ge located in Ha7.l Caunty, Nebraska, and in Howard County,
<br /> Nebraska, aIl of which i� more fu13y described herein; �Ghat the rea.1 estate located in Ha31 Coun�y,
<br /> Nebraska, and descr�.bed as the Wes�erly 4�1.8 f�et of Lot 5ix (6) , Block Fifteen (15) , Rusael
<br /> Wheeler Add�tion to the City of Grand Island, Ha11 Caunty, NebrASka, is the homestead ofi' Margare'�
<br /> A. Luth, and that sub�ect to such homes�ead interest all of the r�a1 estate here3,nabove-described
<br /> passed and descended as provided in said Wi1l.
<br /> Charl�s Hossert
<br /> County Judge
<br /> IN THE COUN`TY C OURT OF HALL COUNTY, NEBRASKA
<br /> i CERTIFSCATE
<br /> STATE OF NEBRASKA, )
<br /> )SS I, Charlea Bosaert County Judge of Hall County, Nebraska, do hereby
<br /> HALL COUNTY ) eertify that I ha.ve compared the foregoing copy of Last Will and
<br /> Te�tament, Cer�if3.cate of Probate of W,il1 and Fina1 Deeree - TN THE
<br /> MATTER OF THE ESTATE OF HEPJRY C. LUTH, DECEASED, with the orig�.nal reeord thereof, now remainin�;
<br /> in gald Court, that the same is a correct tranacript thereof, and of the whole of sueh original
<br /> record; tha.t said Court_ is a Court of Record having a seal, wh3.ch geal is hereto attached; that
<br /> said Court ha� no C1Erk authorized to s3.gn cer�if icates in his own name, and that T a.m �,he 1ega1
<br /> custodian of said �eal and of �Ghe Records of sa3.d Cour�, and �Ghat the fore�oi�rg at'�eatation is
<br /> in due f orm of law.
<br /> SN TE5TIMONY WHEREOF I have hereunto set my h�nd and affixed the seal of' 'Che County Court,
<br /> at Grand Island, this 29th day of Augus� 19�9• .
<br /> Charles Bossert
<br /> �ounty Judge.
<br /> F3.1ed for record �his 29 day of August, 19�g, at �;50 orclvck P.M.
<br /> �d��_ C����
<br /> REGTS�'ER OF DEEDS
<br /> 0-�-0-0-0-0-Q-�-0-0-Q-0-0-Q-0-0-0-0-4-0-0-Q-0-Q-0-0-0-0-0-0-(?-0-0-Q-0-0-0-0-Q-0-0-Q-Q-0--0-Q-0-0-
<br /> FINAL DECREE
<br /> IN THE COUNTY COURT OF HALL COUNTY, NEBR,ASKA
<br /> IN THE MATTER OF THE E�TATE OF HARRY I. WHITESELL, �eeeased � FTNAL DECREE
<br /> STATE OF NEBRASKA )
<br /> SS:
<br /> COUNTY OF HALL )
<br /> At a session of the County Court held in and for said County of Hall in the State of Nebr-
<br /> aska, this 31s'� day of August, a.9�9•
<br /> Present: Charles Boss-ert, County Judge.
<br /> BE IT REMEMBERED, tha.�G on the 8'�'n day of August, 19�9, E�nest G. Kroger and Carrie Whitesell,
<br /> executors under the Last Will and Testament of Harry I. t�hitesell, deceased, filed in thi� Cour'�
<br /> their flnal aecoun� as such executors ar�d a, petit3.on praying tha.t eaid account be allowed, for a
<br /> decree of heirship, de�errnination of inherita.nae �axes, fees and commission�, dis�r�,bution of
<br /> said estate, final s�ttlement �hereon and d�.scharge of said executors.
<br /> For these purposes, the 3lst day of August, 1949, at 1� o�clock a.m. at the County Court
<br /> Room in said County was assign�d as the time and place for hearin� said petition, exam3.ning and
<br /> allowing �aid account; and it was ordered that notice of the pendency of said petition be given
<br /> to all pergons interested in said e�ta�e by publishing �uch notice in the Grand Island Independent,
<br /> a 1ega1 newspaper printed in said County, for three weeks prior �o said day of hearing; and it ;
<br /> I
<br /> ,
<br /> . _ ;
<br />_ _ l
<br />
|