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� ��� i <br /> WILL AND DECREE RECORD <br /> 28081—The Auguatine Co., Grand Ialand, Nebr. <br /> In the T�-Zatter af -tne Estate of <br /> Lillie Buell , Deceased <br /> I, Charles Bossert, Judge of the County Court, in and for said County, do hereby cer�ify that <br /> on the 19th c�ay af September 19�+9, the instrument purportin� to be the las'� wi11 and testa,ment of <br /> Lill3.e Buell deceased, was filed for p•robate in this Court. That on the 13th day of October 19�9, <br /> said instrument to which this certificate is attached was duly proved, probated and allowed as the <br /> last will and testament of the rea,l and personal estate of said Lillie Buell deceased, and the same <br /> was ordered to be recorded in the records of the Court aforesaid. <br /> IN t�TITNESS �,+IH�REOF, I have hereunto set my hand and affixed the seal of the County Court, this <br /> 13th day o� October 19�-9 . <br /> ( SEAL) ' Charles Bossert <br /> HALL COUNTY, NEHRASKA F I L E D OCT 13 19�+9 oun y u ge <br /> CHARLES BOSSERT COUNTY JUDGE <br /> IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA <br /> Tn the matter of: ) <br /> ) <br /> THE ESTATE OF ) <br /> LILLIE BUELL, ) FINAL DECREE <br /> ) <br /> Deceased. ) <br /> NO��T, on thi.s �th day of June, i95o, this cause carne on for hearing upon the final report filed <br /> herein by Claude Buell, the duly anpo3.nted, qualified and ac'�ing executor of the estate of Li11ie <br /> Buell, deceased, together with the petition for the approval and allowance of said repor�, settle- <br /> ment of said estate and his discharge herein, �.nd Andrew Geor�e Bue11, be.ing represented in Court <br /> by his attorney, A. J. Luebs, and the esta'�e and the executor being repre5ented in Court by Paine <br /> & Paine, attorneys, and the Court, having examined the records, pleadings and files herein, <br /> 3.ncluding said final report, heard the evidence in suppart thereof, and being fully advised �n the <br /> premises and from proof on file, finc<s tnat: <br /> l. Due and legal r:o��.ce of the time and place of this hearing has been given to all persons <br /> interested in said estate, by publi.cation in the Grand Ialand Daily Independen'� for three successive <br /> weeks, in the manner required by law �,nd the order of' this Court. <br /> 2. The final report 3.s true and correct in a11 respects, excep� as hereinafter specifically <br /> provided. Since the date the final repor� ti�ras f3.led, it has be.en agreed that the heirs of deceased, <br /> with the exeeption of An�.reVT George Buell should personally pay for the �;rave marker for Li11�.e <br /> Eiue11 ' s �rave on �.,�hich a disbursemen� of ��0.00 had previously been made by the executor, the <br /> total amount of the �;rave mark�r amounting to the sum, of �102.00, so the sum of ��0.00 previously <br /> disbursed by the ex�cutor shall be repai�. to the esta�e; that in al1 other respects the final <br /> report is true and correct and is hereby �,pproved and all.owed a� the final report of administration <br /> and the estate is hereb�r settled and closed and, upon the f3.ling of his final receip�s herein, said <br /> -1- executor should bP discharged, anc� the surety on his official bond shoulc� be released and liability <br /> on said bond be terminated. <br /> j. Due notice was �iven to all creditors and persons having claims against said estate of the <br /> time and place fixed for a hearing thereon by publication in the Grand Island Daily Zndependent for <br /> three suecessive weeks, as ��rovided by latia, and a decree forever barring and excluding claims <br /> aga�.nst the estate T�ras duly entered herein on the l�th day of February, 1950. <br /> 4. Only two claims ti�rere f31ed against said estate, which have both been �uly allowed, and <br /> one of said claims, to-wit, that of Harold Seeber, has been paid in fu11. The other claim, being <br /> that ot' the Albers Funeral Home, of Arvada, Colorado, was in the origlnal sum of �659.25, but from <br /> proof' subm3.tted at the 'r�earin� and on file, an error was made in computing this claim in that it <br /> included four grav� apaces at �30.00 each, t�rhereas three of' the grave spaces were actually pur- <br /> chased by other heirs, and tnerefore said claim with the 4onsent and approval of cla�.mant is now <br /> reduced by the sum of �'90.00 to the corrected amount of �569.25 ana is duly allowed in thls <br /> correcte�. sum of �56g.25 and is herewith ordered to be paid. <br /> 5. Ob,�ection was made by Andreta George Bue11, one of the heirs herein, through his a,ttorney, <br /> to �he fees suggested for Claude Buell, executor, and for the allowance af traveling expenses for <br /> Fae Seeber, one of the attest3.ng witnesses, and after evidence was presented and ar�uments had by <br /> all attorneys nresent, the Court her�wi'�h finds the fee and expenses of Claude Bue11, execu'�or <br /> herein, should be the sun of ?�150.00, and the Court herewith finds tha't no expenses should be <br /> allowed Fae Seeber, one of the attesting witnesses, but �hat she is entitled to the usual �ritness <br /> f ee in the sum of �1.1�. Therefore, the Court herewith allows �o said Claude Buell, executor � <br /> herein, the sum of �150.00 for his services and expenses in this estate, and herewith allows to <br /> sa3.d Fae Seebe-r, the witness fee of �1.10. The Court herewith findg that Paine & Paine, attorneys <br /> herein, should be allotaed �,ttorney fees in �he sum of �375.22. <br /> 6. �rJith respect to Fae SeebPr, the Court fir.ds that she is one of the heirs herein and that <br /> she is alsa one of the attestin� witnesses to the will, which was prepared and executed under the <br />-2- 1aw o.f �he State of Colorado at Denver, Colorado, �.nd that sa�c�. bequest was val�.d under said <br /> Colorado 1.aw, and, furthermore, �ander Nebraska law she is entitled to take such amount as was pro- <br /> vided in the bequest to hAr 3.n the event th�.t such amount did not exeeed the amount she would have <br /> taken had testatrix died intestate. The Court here�r3.th finds th�,t the bequest herein of �1, 150.00 <br /> ig less th an the said Fae Seeber would ha.ve received unc�er the statute if' the said Lil11e Bue11 had <br /> died intestate, and that the said Fae Seeber is entitled to receive the entire amount of �1, 150.00, <br /> even though she is one of the attest3.ng witnesses herein. <br /> 7. Lillie Buell passed away testate in th,e City. of Denver, Colorado, while visiting in the <br /> State of Colora,do, on the 13th day of September, 19�-9, bein� at that time 7� years of age, and <br /> bein�; a citiZen and resident of the County of Ha11, ancl State of Nebraska, and po�sessing property <br /> in said County, and le�.vin� a Last 1tJill �,nc� Tes�ament, which will has heretofore been admitted to <br /> probate herein, and that �she was unmarried at the time of her dea.th and she left survivin�; her as <br /> her sole and only heirs-at-law and the sole and only beneficiaries named in her wi11, the following, <br /> who are all more than 21 years of age, namely: <br /> Estner Searson, a daughter, of 716 North Eddy Street, Grand Island, Ne�raska; <br /> Sadie Alstot, a dau�hter, of 71� 1��1est Eight,�i Street, Grand Island, Nebraska; <br /> Bessie Graham, a daughter, of 705 Elk Street, Beatrlce, Nebraska; <br />