|
State of Nebraska, County of Buffalo}ss:
<br />Jansen Vokoun, of lawful age, being first duly swom, upon oath, deposes and states
<br />that:
<br />1. Affiant was an heir at law and a daughter of Lloyd L. Donaly who died on
<br />September 1, 1970, a resident of Gosper County, Nebraska.
<br />2. A Final Decree was entered on October 26, 1971, in the County Court of
<br />Gosper County, Nebraska, in the estate proceedings regarding Affiant's said father and
<br />designated as "In the Matter of the Estate of Lloyd L. Donaly, Deceased ", hereinafter
<br />referred to and identified as the "Final Decree ". A certified copy of the Final Decree is
<br />attached hereto as Exhibit 1 and by this reference fully incorporated herein.
<br />3. A Certificate certifying that the Final Decree had been entered and describing
<br />that certain persons had acquired certain interests in real estate situated in Hall
<br />County, Nebraska, and other counties may have been filed and recorded in the office of
<br />the Register of Deeds of Hall County, Nebraska, on or about November 3, 1971, which
<br />real estate included, in addition to other real property, the following:
<br />The Southwest Quarter (SW%) of Section 5, Township 10, Range 11, Hall
<br />County, Nebraska (hereinafter referred to and identified as the "Property°).
<br />A true and accurate copy of said Certificate is attached hereto as Exhibit 2 and by this
<br />reference fully incorporated herein.
<br />4. Said Certificate incorrectly and erroneously stated that the interest of each of
<br />the four persons receiving a remainder interest in the Property acquired a one -third
<br />(1/3) remainder interest in the Property, when it should have stated, as reflected by the
<br />Final Decree, that each received a one -fourth (1/4) remainder interest in the Property.
<br />5. Pursuant to and in accordance with the Final Decree, the Property passed to
<br />Affiant's mother, Nellie B. Donaly, for her life and, upon the death of Affiant's mother,
<br />Nellie B. Donaly, to Affiant for her life, with the remainder to Patricia J. Vokoun, Susan
<br />Michelle Vokoun, Michael Edward Vokoun, and Ronald Frank Vokoun, equally share
<br />and share alike.
<br />6. Affiant survived her mother, Nellie B. Donaly, the person with the first life estate
<br />in the Property, who died on July 30, 2002. Attached hereto as Exhibit 3 and by this
<br />reference fully incorporated herein is a certified copy of the Certificate of Death for the said
<br />Nellie B. Donaly.
<br />AND FURTHER AFFIANT SAYETH NOT
<br />Jansen Vokoun
<br />Subscribed and sworn to before me on this 2l day of 2002.
<br />a
<br />=,KENN
<br />"=F. 6
<br />E N tary Public 03
<br />s
<br />Sd
<br />X
<br />n n
<br />m N
<br />m
<br />,o
<br />'
<br />os /L
<br />(•
<br />N
<br />C
<br />N
<br />�
<br />O
<br />O
<br />K
<br />AFFIDAVIT
<br />State of Nebraska, County of Buffalo}ss:
<br />Jansen Vokoun, of lawful age, being first duly swom, upon oath, deposes and states
<br />that:
<br />1. Affiant was an heir at law and a daughter of Lloyd L. Donaly who died on
<br />September 1, 1970, a resident of Gosper County, Nebraska.
<br />2. A Final Decree was entered on October 26, 1971, in the County Court of
<br />Gosper County, Nebraska, in the estate proceedings regarding Affiant's said father and
<br />designated as "In the Matter of the Estate of Lloyd L. Donaly, Deceased ", hereinafter
<br />referred to and identified as the "Final Decree ". A certified copy of the Final Decree is
<br />attached hereto as Exhibit 1 and by this reference fully incorporated herein.
<br />3. A Certificate certifying that the Final Decree had been entered and describing
<br />that certain persons had acquired certain interests in real estate situated in Hall
<br />County, Nebraska, and other counties may have been filed and recorded in the office of
<br />the Register of Deeds of Hall County, Nebraska, on or about November 3, 1971, which
<br />real estate included, in addition to other real property, the following:
<br />The Southwest Quarter (SW%) of Section 5, Township 10, Range 11, Hall
<br />County, Nebraska (hereinafter referred to and identified as the "Property°).
<br />A true and accurate copy of said Certificate is attached hereto as Exhibit 2 and by this
<br />reference fully incorporated herein.
<br />4. Said Certificate incorrectly and erroneously stated that the interest of each of
<br />the four persons receiving a remainder interest in the Property acquired a one -third
<br />(1/3) remainder interest in the Property, when it should have stated, as reflected by the
<br />Final Decree, that each received a one -fourth (1/4) remainder interest in the Property.
<br />5. Pursuant to and in accordance with the Final Decree, the Property passed to
<br />Affiant's mother, Nellie B. Donaly, for her life and, upon the death of Affiant's mother,
<br />Nellie B. Donaly, to Affiant for her life, with the remainder to Patricia J. Vokoun, Susan
<br />Michelle Vokoun, Michael Edward Vokoun, and Ronald Frank Vokoun, equally share
<br />and share alike.
<br />6. Affiant survived her mother, Nellie B. Donaly, the person with the first life estate
<br />in the Property, who died on July 30, 2002. Attached hereto as Exhibit 3 and by this
<br />reference fully incorporated herein is a certified copy of the Certificate of Death for the said
<br />Nellie B. Donaly.
<br />AND FURTHER AFFIANT SAYETH NOT
<br />Jansen Vokoun
<br />Subscribed and sworn to before me on this 2l day of 2002.
<br />a
<br />=,KENN
<br />"=F. 6
<br />E N tary Public 03
<br />s
<br />Sd
<br />
|