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� �_� D No. 10
<br /> WILL AND D�CR�E RECOR
<br /> � 38892-THEIIUGUSTINF.CO.GRANDISLAND,NEBR.
<br /> f or a continu�nce. Tha.t the Court granted a continuance first to December 20, 1950 and later to February 6, 1951,
<br /> That an the Fith da3� of February, 1951, the date which said hearing had been continzied to by agreement of all parties '
<br /> concerned, said instrument was duly proven, all_owed a�d admitted to probate in this Court as and for the last will and I
<br /> testament of the said Mary Jane Cosgrove, decea.sed, and letters testamentary were issued to Mary Prater, the designated ,
<br /> executrix under said last will and testament; that thereupon the said Walter C. Oakes filed notice of appea.l and the
<br /> Court fixed the appeal bond in the amount of �100.00, which appeal bond was duly furnished by the s� d Walter C. Oakes
<br /> and said matter was duly appealed to t he District Court of Ha11 County, Nebraska; however, on the 12th day of October,
<br /> 1951 the said jaalter C. Oakes, contestant and a.ppellant, filed a d.ismissal of said appeal in the District Court of Hall
<br /> County, Nebraska and subsequently the said Ma.ry Prater, executrix named in said. last will and testament and wh o was also
<br /> appointed executr� by said Court in the hearing on said will, duly qualified as such executr�.
<br /> The Court further find.s th�t due and legal notice has been given. to all persons of the time and place fixed by the
<br /> Court for the presentation of claims against said estate and �hat the time and place so fixed has fully expired; that
<br /> all persor.s having claims against said estate, if any such there be, are forever barred and excluded from setting up or
<br /> asserting anp such claims against said estate.
<br /> The Court further f inds that by the terms and provisions of the last will and testament of the said Mary Jane
<br /> Cosgrove, the special bequest given under the second garagraph of said will to Thomas F.. Cosgrove lapsed because of
<br /> the fact that the said Thomas r. Cosgrove predeceased the said Mary Jane Cosgrove; that the special bequest of certain
<br /> articles of personal property to Margaret Oakes has been delivered to her and that said Mary Prater, executriK, has
<br /> distributed to such worthy cha.rity and charities as she, in her judgment, deemed proper, all of the residue of said
<br /> estate of the said Mary ,1ane Cosgrove after the costs of administration, payment of debts of said deceased, payment of
<br /> the cost indidental to her last illness and burial, were paid.
<br /> The Court further finds that the said Mary Ta.ne Cosgrove died seized as the owner in fee of the following
<br /> described real estate, to-wit :
<br /> Lot Three (3), in �lock i�,leven (11 ), in H.. G. ClarkTS Addition to the City of Grand Islarad, Ha7_1 County,
<br /> I�ebraska., and
<br /> Lot Nine (A), in Block Fourteen (14), in GilbertTS Addition to the City of Grand Island, Hall ',63ounty, I�ebraska.
<br /> and tha.t by the terms and provisions of the said last wi11 a.nd testament Lot Three (3), in Block Eleven (11), in H. G.
<br /> Clarkts Addition to the City of Grand Island, Fiall County, I�'ebraska passed and descended to Walter C..Oakes, nephew of _
<br /> the said riary �ane Cosgrove, in fee simple; and that Lot Nine (9), in Iilock Fourteen (14), in Gilbertts Addition to the
<br /> City of Grand Island, Hal.l County, Nebraska passecl and descended to Mary Prater, in fee simple.
<br /> The Court further fi.nds that the said Mary ,�ane Cosgrove, deceased, left surviving her the following heirs, na.mely:
<br /> tt'alter C. Oakes, nephew, son of her deceased sister, Annie Cosgrove Qakes, as the sole surviving heir.
<br /> The Court ft�rther fincls that the inherita.nce tax assessed a.oainst the real estate devises to Walter C. Oakes was
<br /> $150.O�J and that the inheritance tax a.ssessed against. the real estate devised to rfary Pra.ter was $480.00 and that said
<br /> inheritance t'axes have been paid; and that there is no federal estate taac due in said estate.
<br /> The Court further finds th�t all claims again.st said estate have been paid; the funeral expenses of the said
<br /> Mary ,jane Cosgrove, deceased, the costs of this proceedings and all court costs and expenses have been paid; that the
<br /> inheritance tax assessed against the said 1aTalter C. Oakes and Mary Prater due the State of l�ebraska from said legatees
<br /> and devisees has been paid an.c� that there is no federal estate tax due, and the said Mary Prater has distributed all of
<br /> the remain.ing money in said estate to such worthy charity or charities which she, in her judgment deerned proper; that
<br /> nothing further remains in the hands of said executriY; that the estate sho�ld be closed and the executria; discharged
<br /> and her bond released.
<br /> IT IS, THERI:FOP.E, OfiD�R�D, �'yDTI?DGT�D AP;D DFCF�FD 8Y THE COURT that the final report of the said Mary Prater, as -
<br /> executri�c of the last will and testament of the said Mary ,Tane Cosgrove, deceased, be a.nd the same is hereby approved
<br /> an.d allowed as her final report; t.h.�t said estate is hereby settZed and closed and the executrix discharged and her bond
<br /> released.
<br /> IT IS FtiRTHER C�itD�REn, AD TUDGF.D t��.ND DFCRrP;D BY THr CGt1RT that all claims against said estate have been paid, in-
<br /> cluding the specia.l t�equests, as provided in said last will and testament; and that the real estate belonging to the
<br /> sa.id rlary ,]ane Cosgrove, deceased, passed and descended as follows:
<br /> To ��alter C. Oa,kes, Lot Three (3) in �31ock T;leven (11), in H. G. Clarkfs Addition to the City of Gran.d Island,
<br /> Hall County, Nebraska.
<br /> To Marp Pra.ter, Lot R�ine (9) in Block Fourteen (14), in GilbertTS �ddition to the City of Grand Island, Hall
<br /> County, 1�'ebraska BY THF, COURT:
<br /> In the County Court of Hall Counr.y, Nebraska Charles Bossert, County Judge
<br /> Certificate
<br /> S T�T E OF 1�T�33I2P.S K� )
<br /> ) ss. I, Charles �3ossert County Iudge of Ha7_1 County, Nebraska, do hereby certify that I have
<br /> Hl�LL C(�t?NTY ) compared the foregoing copy. of Last t�ill and TPStamen.t, Certificate of Probate and Final
<br /> Decree - I� TI�F, M,^�TTF.P OF TH� FSTr�TF OF i�S�RY ,T�t��+ COSGROVi;, D;±,Cr�1SFD, with the original
<br /> record thereof, now remaining in said Court, that the same is a correct transcript thereof and of the whole of such original
<br /> record; tha.t said Court i� a Court of record having a seal, which seal is hereto attached; that said Court has no
<br /> Clerk authorized to sign certifica.tes in his oti,m name, and that I am the legal custodian of said Seal and of the Records
<br /> of said Court, and that the fore�oing attestation is in due form of law.
<br /> I� TF.STIMONY ���fl�;RrGF I have hereunto set my hand and affixed the seal of the County Court, at Grand Island, this
<br /> 21st day of December, 1951.
<br /> (Sr�,L) Charles I�ossert, County Judge
<br /> Filed for record this 21 day of December 1951, at 4 :45 o�clocl� F. M. �
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<br /> Register of Deeds
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