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<br /> NO. 9 HALL COUNTY
<br /> and diacharge as executor and trustee, and the Court having examined the records and files
<br /> Merein, includin� the final repor� and being �'ully adviaed in the premi8es Pinde as follows:
<br /> That on the l8th day of February, 195�, J. Fred Ernstmeyer, the named exe�utor and trustee
<br /> in the Last Will and Testament and Codicil oP �'red Ernetmeyer, deaeased, Piled hia pe�►ition in
<br /> this Court in which he alle�ed, ar�on� other thin�s, that Fred Ernet�eyer died on the 17th day
<br /> of January, 195�, in Li�coln, Lanaaeter County, Nebraska, and further alleged that the eaid
<br /> Fred Ernstmeyer, deaeased, was a resident and inhabitant of Saward County, I�ebraska, and leaving
<br /> a Las� Will and �estament and Codicsil the reto, in which he named the eaid J. Fred Ernstmeyer ,
<br /> tru��ee and exeQU�or thereoP, which sa,id instrument he oPfered Por probate ag the Last Will and
<br /> Testament and Codieil thereto of said Fred Ernetmeyer, deeeased, and reque$ted that he be apPointed
<br /> e xeautor thereof; that upon reading and f iling said peti�ion, this Court en�ered an Order Piaing
<br /> the �ime and place f or he�rin� on said petition, and �ave notice thereof as by law provided;
<br /> said matter eoming on to be heard on the date f ixed by the Court, aaid instrument was duly
<br /> admit�ed �o probate as the Laat Will and Teatament and CodiQil th�reto ot' the said Fred Ernstmeyer,
<br /> de�eased, and letters of adminiatratior� were iasued to the said J. F'red Erna�meyer.
<br /> �ha.t thereafter on the llth day af Auguat, 1950, the said J. Fred Ernstmeyer, filed an
<br /> amended petition in this Court ln whieh he al2e�ed, a.mong other thin�s, that Fred Ernatmeyer
<br /> died on the 17th day of Jan�ary, 1950, in Lincoln, L�.ncastetr CO�nty, Nebr�ska, and that he had
<br /> at the time of his der�ise hia legal residenae and domiolle in Hall County Nebraaka, and the
<br /> Court after examinin� �he filea and takir�g additiona,l evidence in eaid matter, apec�ifiaally
<br /> Pinds that the �aid Fred Ernstmeyer a� the time oP his demise was a le�al resider�t and had hi�
<br /> , legal domicile in Hall County, Nebraska; and that aft�r due notiae havir�g been given, as
<br /> �;� ' proPided by 1aw, the Court entered an Order on the 15th day oP March, 195�, appointing the eaid
<br /> J. Fred Ernstmeyer executor and truetee of the said Last Will and Teatament and Codiail thereto.
<br /> That due and legal notice ha,� been given to all peraons interested, of the time and plaee
<br /> fixed by the Court for filing �laims a�ainst said estate, and all elaims not f31ed withir� the
<br /> �ime f ixed by the Cour�, if any suah there'be, should be f orever barred and excluded and en�oined
<br /> from settin� up or� asserting any such al.aima againat said estate.
<br /> Tha� the deaeased departed thie liPe leavin� ae his heirs at law and only heirs at lat�r,
<br /> devisees, le�atees, and persons entitled to ahare in his said es�ate the. folloWing named peraons:
<br /> 2
<br /> - J. Freci Ernstmey�r, Hastin�s, Nebraska, a son
<br />' "�alter L. Ernatmeyer, Staplehure�, Nebraska, a son
<br /> victor Erns�meyer, Grand Saland, Mebraska, a son
<br /> Arthur Ernstmeyer, Hammond, Indiana, a son
<br /> F'rieda Manske, Lineoln, Nebraeka, a daughter
<br /> Rose Trute, 3eward, Nebraska, a daughter
<br /> - Laura Hintz, Lincoln, Nebraska, a dau�hter
<br /> Ernest N. Wagner, Lincoln, �Tebraska, son-in-laW
<br /> all o4er the agc of twenty-ane, (21) , year�.
<br /> �he 6vurt further finds �hat the eaid Fred Ernatmeyer was a widower at the time of his
<br /> death and that his wife, Anna Marie Ernstmeyer predeceased said Fred Ernatmeyer, deaeaeed, she
<br /> having died in Hall County Nebrask�., in 19��; and that eaid Last Will and Teetament and Codicil
<br /> ineofar aa the eff'ect on a�iy proper�y, either real or peraonal bequea�hed to the said Anna Marie
<br /> �rnatmeyer, f orm�r wife oP said Fred Ernstmeyer, deceased, are ineffeetive, ehe having predeceaeed
<br /> �he said �'red Ernstmeyer, deceased.
<br /> �hat the deceased departed this life the owner in t'ee simple title the follow3ng deaaribed
<br /> real esta�e in Ha11 County, Nebraska, and �he following desaribed real eetate in Merriak County,
<br /> l�ebraska:
<br /> North Forty-1'ive, (1�5) , Feet of Lot Six, (6) , in. Block One, (1) , HeyAe' s Addition to
<br /> arand Island, Hal1 County, Nebraska, bein� a reatangular pieae of �round 45� x 151� i� =� '_
<br /> size, having a West frontage on Pine Street and extending to the alley in sa�.d Bloek; and
<br /> l�orthwe st Quart er, (AiW�) , and Lo t Two, (2 ) , on the L�f t Bank o2' �� � � `_ � . � � .
<br /> the �iain Channel of the Platte River, all in Section Twenty, (20) , T�awnshi.�� I:leven,
<br /> (11) , l�orth Range Eight (8), West oP the Sixth P.M. Merriek County, Nebraska.
<br /> That the deosaaed also had personal proper�y of the v�a,lue as Iisted in said inver�tmry
<br /> f iled herein; and �hat said personal property has been distributed as set out in the Last Will
<br /> and Testament and Codieil thereto.
<br /> Tha� the real estate hereinbef ore deaaribed did paas and decend under and by virtue of the
<br /> terms of the Last Will and Testament and Codicil thereto of the said Fred Ernatmeyer, dee�ased,
<br /> to J. �`red Ernstmeyer in trust with the power and authority to se11 and convey said real eetate
<br /> without the consent or approval of any Cour� and to convey the same and dlvide �he proceeds
<br /> thereof, eq�.ally, between the following deaeribed persong, to-wit;
<br /> J. Fred Erns�meyer, a son
<br /> �lalter L. Ernstmeyer, a son
<br /> Viator Ernstmeyer, a son
<br /> �rthur Ernstmeyer, a son
<br /> �'ri�da ManBke, A daughter
<br /> Rose Trute, a daughter
<br /> Laura H3ntz, a daughter
<br /> The Court ft�rther f inds that alI claims fi1�d in said eatate have been fullq paid and
<br /> satiafied; and that the report fi.led herein ahould be approved and alloxed as and tor said
<br /> execu�or' s final report in said estate; said estate settled and closed and �he eaecutor and his
<br /> official bondsman be diseharged and released from any further liability in said ma.'�ter.
<br /> The Court further f inder 'in acoordance with the report filed b� the appraieer duly appointed •
<br /> herein, that there ia r�o inheritanae �ax due the State of Nebraska or the United Stats� of
<br /> AmeriQa. � '
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