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I A D . 10 ���
<br /> W LI� ND DECREE RECOR No
<br /> 38892^THEAUGUSTINECO.GRANDISLAND,NEBR.
<br /> F T���, �rc�,rF
<br /> � T�? THI. COL'^�TY C�1'!:T OF li.:I.? C(�i'"1TY, '�Tt3R1SK?
<br /> Ir. the �fat:ter nf: ) FIN�L D�?rR�:I:
<br /> 1
<br /> T F�P; 1�S T,4 Tl� Or ,l
<br /> CL:�1 R��1T�'1� C, �MITH, 1
<br /> )
<br /> P°CEc�ga'�� 1
<br /> Ro�s, or this ?Ct� da3- �f June, 1,951, thi.s matter came en fer �tearing upan th� petatier, of *1ar�r C, Smi.t��, F.lmer
<br /> �mith a�� ncroth� :1, Razs;,l.l ar.d the �I�a.�i:�tis and th� e�-idet�ce <�n;3 c�as submitted to the Ceurt; on consideration
<br /> �hereof, the Court havi.ng exami.ned t,he r�ecard.s and files :�crei�:, inr.l��dir.g said peti*ion, heard t_he eti�idence in
<br /> support thereof, a_ncl bei.ng fuily a�3vised ir: rhe nta.tter ar,d frem tlZe preof on file, finds that:
<br /> l, rue and le�al no*ice of tl�e ti.me and pl.ace of th�.s hear7n�, has heen gicen to all persons interested in said
<br /> matter, bc�th c.reditcrs and heirs, in tl�e mar�t;er requir�d by lata and the ord�r of t11is Court, an� no objections have
<br /> beer file� ar.d n� c7_aim.s h4�-e been fi.1Fd herei.7.
<br /> 2. �?7� of the sta.tements ard alleb�.ti�r�s set forth an ~h� sai,�i ietitior, are true; that �he sa.id rlarerce C.
<br /> Smith �1ie�. i�ltestate i�: �tar�ysville, '�ta.i sha1.3_ Ccunty, Ka�;sas, orr th;� 2�t�� da3• of 1gri1, 1944, being at that time 5�?
<br /> �ears of age ai�d a citi.zer ai.d resi;�ert of '+iarsh�ll Courty, Kansas ; that more thar: t�5o years have e]_apsed since the
<br /> date of his death; *hat no appli.cati.ot� l�as been mac?e heretafore ir the State af '�ebra.ska for the appointment of an
<br /> administrator of the estate of said deceased, and that this Court has jur•isdiction in this matter.
<br /> 3. The sa.i.d Clarence C, Smith, decease�l, left survivir,g him as his sole and only heirs-at-law, the following,
<br /> who �re all more than 21 years of age, namely•
<br /> Mary C, Smith, hi;, H•ido�a, now of 2122 ��'est
<br /> Fourth Street, C.rana Island, �ebraska;
<br /> � rl:ncr rr��i.L:�, a �or�, iiow of 3122 t�'est Fourth
<br /> ��reet, Grand Island� Nebraska;
<br /> G7_en 5mith, a son, now of 918 Madison rlvenue,
<br /> Great Bend, I{ansas;
<br /> P,orothy- ^. Rarsell, a da.tfghter, now of 564
<br /> Seuth 28th Street, (hnaha, Nebraska;
<br /> further, t}�at there iaas no ch.ild ef a deceased child WI10 �vas li��ing at the time of the death of the said Clarence C.
<br /> �miuh, dFceased.
<br /> 4. The sa.id Clarenck� C. Smi.t��, deceased, �ras sei.zed at�d possesse�, at the time of his death, of the entire
<br /> it�terest and title, abselutely and in feP simple, in ar,d to the fol].owing described. real estate, situated in the
<br /> Cour.ty of Ha11 ard Sta.te of '�'ebraska, to-wat; �
<br /> Lor Ten (10), in t�lock Twelve (12),
<br /> in Packer f� i3arr�s �":ddition to the
<br /> City of Grand Islan3, '�'ebraska, as
<br /> s��rveyed, platted zncl recorded.
<br /> 5, i3t� vi.rtue of the Sta.tutes of �lescent in the ?evxsed Statutes of the State of ?�'ebraska, i.n fu11 fcrce and
<br /> effect at thP date ef the deat�� of tl�e said Clarence C. S;nith, decea.sed, his entire i.nterest and title, absolutely
<br /> and in fee sim�le, in and r,o the abave deseri.bed re.al esta.*e, descended at the time af the death of said Clarence C.
<br /> Smith, deceasec�, to his widewT and children in the foll.o�aino shares :
<br /> To ?�ary �', Smith; an undivided or�e-third (1/3) it�terest, s}�e beino the surviving widoc�• of the said Clarence C.
<br /> Smith, decea.sed;
<br /> To Flmer Smitl� : ar undivided. ttao-ninths (2�9) interes±, he bein; the sur�iving son of the said Clarence C. Smith,
<br /> 3eceased.;
<br /> To G1en Smit�1: ar, undzvided two-ninths (2�9) interest, he being the survi��ing son of the said Clarence C. Smith,
<br /> d.eceased;
<br /> To Dorot}�y .1. Rarse?.l: ar: undivided two-ninths (2,/9) interes*, she being the surviving daughtcr of the said
<br /> Clarence �. Smith, dece�se�?.
<br /> 6. Th� sa�d C�.arence C. Smith, de.ceased, was seized and possessed, at the time of his death, with Mary C. Smith,
<br />' hi.s wife, as jdir,t tenar.ts and not as ter.ants in common, wzth the right of survivarsliip, of the follewing described
<br /> real estate, s.ituated ir, the C�unty of tiall and �tate of �'eurasl<a., to-�;it;
<br /> Let °�ine (9l, in �3lock Twelve !1�), in Pacl:er f- I3arrts flddi*i.en to the City of Grar.d Island, Nebraska, as surveyed,
<br /> platted. and recorded ;
<br /> which pro�erty passed a� the time af his death to ?tary C. Smith, the survivin� ,jaint tenant, who i.s the widow of the
<br /> sai.d Clarence C. Smith, ��eceased.
<br /> � The *otal ��alue ef said esta�e, incl.uding also the above described property I1eld in joint tenancy, is less
<br /> than �l'0,000.00 and thP said estate is net .'�iable for a.ny Federal F.state or Nebraska State Inheritance Tax; there axe
<br /> no creditars of said estate; no claims ha��e been filed abai_rst said esta�e herein; all claims a.gai.nst said estate
<br /> should be fere�er barred; the further admin.i.stration of s�id estate should be dispensed with; and all costs a.nd fees
<br /> herein ha��e been paid in full, .including court costs in the Gounty Court of Hall County, Nebra.ska, and publication
<br /> costs, and attorn�y fees.
<br /> IT I�:, THF,RF,FORIi:, ORDFRFD, AI1Jt1�GT:?` A\D nrcrtrrn r�Y THr cotTaT that Clarence C. Smith died iiitestate an the 29th
<br /> day of April, 1944, beino at that ti.me a citizen and resi.der.t of '�iarsha].l County, Kansas, but owning real estate in
<br /> Hall County, l\ebraska, ar�c�. leavir,g survivi.ng him as his sole and only heirs-at-law, the follawing, who are all more
<br /> than 21 y?ars of age, namely:
<br /> Mary C. Smith, his widow, now of 27.22 tti'est Fourth Street, Grand Island, �`ebraska;
<br /> P;lmer Smi_th, a son, now of 2122 �dest Fourth Street, (3rar,d 1sla.nd, l�ebraska;
<br /> Glen Smith, a son, now of 9l8 Nfa�a.son Avenue, Great I3end, Karsas;
<br /> norothy A. i�arsell, a daughter, now of 564 Seuth 28th Stre.�t, (Tmaha, l�ebraska;
<br /> that there was no child of a deceased chil� iaho was living at the time of the death of the said Clarence C. Smith,
<br /> d.ece�,sed, ard that the said Clarence C. Smith, deceased, and the sai.d liary C. Smith were the parents of al1 of the
<br /> childre,n herein set eut.
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