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<br />and necessary deeds,any and all interest or Aquity which they might have or claim in said above
<br />described northwest quarter of Section 29,in Township 10,Runge 11 West.9all County,Nebraska,whi(
<br />interest and equities the Court finds were in fact an interest in the proceeds from said lands,
<br />4nd not in the fee thereof,but that said interests have been fully conveyed by them,and all of
<br />them-
<br />The Court further finds,from the evidence in this case and the files and evidence submitted
<br />herein.,and from the files and records of this Court and cause,that said last will and testament
<br />of said deceased was heretofore duly proven,allowed,and admitted to probate in this Court and
<br />ca.use,as by law.provided,and that same contained the following clause and power of sale; "I
<br />hereby expressly authurize and empower my said Executors.or in the event of the death, removal
<br />from the state, refusal or incuj;acity to act of either of they , then in such case the remaining
<br />Executor,to sell any and all property,personal or real,comirig into his or their hands under thi
<br />will at public or i;rivute sale,and at such tires and upon such terms as he or they may think
<br />best, provided, however, that no part of my real estate shall be sold until after the expiration
<br />of three months from my said wife's death,if she should survive me,nor. within,three months
<br />after my death if I should survive her,µnd to execute and deliver such deeds or Other papers
<br />as may be necessary W proper to convey and transfer the whole title to the same absolutely,an.d
<br />it shall not be necessary fur them, or him.. to obtain any order of Court whatsoever authorizing
<br />there or him to make such sale,but this shall be their sufficient authority therefor ". That„
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<br />acting under said power of sale so conferred upon and given to said Executors named in said wil,
<br />they,the said Beniamin L.Colwell and Nathan T.Brittin,the duly ap,ointed,qualified,and acting
<br />Executors of said last will and testament,and acting under the power of sale conferred upon then
<br />by said will „did,under date of June 28,1904,for µ valuable consideration,to- wit,the sum of
<br />r8,000,duly sell and convey by good and sufficient warranty deed,the above described real estate
<br />"nd premises to one Christian Ieyer,which deed `was,on July 26,1904,duly filed for record in the
<br />office of the County Clerk of Hall County,Nebraska,and recorded in rook 37 of Deeds at page 78
<br />of said records,and that said Executors,in making said deed,acted under the authority conferred
<br />upon them by the will of said deceased.
<br />IT IS THEREFORE BY TIT, COURT AWUDGFD,DFCRFFD,ANM COTTrIDERED that said decree, heretofore en-
<br />tered in this cause,on September 3.1904,and the proceedings upon which same were based,be,wnd
<br />hereby are re- opened for the purpose of completing said ad �inistr"tion and making; the necessary
<br />findings as to the ownership of the real estate, hereinbefore described,by said deceased at the
<br />time of his dea.th;ulso to find and determine the residuary legatees to whom were devised and be
<br />queathed said residuary estate under Artile 12 of the will of said deceased,and to find &nd
<br />determine the names of the heirs at law of deceased legatees named therein,"ll as in said petition
<br />prayed;that the said deceased died s4ized of said northwest quarter of Section 29,in Township 1(,
<br />ru.nge 11 Westin mall County,Nebra.ska,that his Acid last will and testament was duly allowed,
<br />proven,and admitted to probate in this Court,as by law p rovided;that William A.Colwell and Nathan
<br />T.Lrittin were duly appointed and duly qualified as Executors of his said last will and testament,
<br />"nd that the residuary legatees and devisees named in krticle 12 of the will of said deceased were
<br />the persons hereinbefore named and found,and that said residuary estate was bequeathed to them
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<br />as in said Article 12 of said will set forth and named;tha,t the said last will and testament of
<br />said deceased conferred full power and authority upon the Executors named in said will to sell,
<br />tr�,nsfer.4nd convey,by good and sufficient deed,the real estate of said deceased,as in said wiz
<br />set forth,and that the said Executcrs did,on or about July 26,1904,and more than three months
<br />afterthe death of Iatilda Colwell,wi.dow of said deceased,sell and convey sdi.d premises to said
<br />Christian Meyer,and that in making said sale,deed, and conveyeince,said Executors acted under tY
<br />authority conferred upon them by the will of said deceased,and that they had full power, right,
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