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187 <br />Nebraska, as Executor of this my Last Will and Testament, with the provision that he shall not <br />charge more than $100.00 for his services in this capacity. <br />I also do hereby make and appoint my second choice my niece Mrs. Elsa Lassen, of Grand Island, <br />Nebraska as Executrix of this my Last Will and Testament, with the provision that she shall not <br />charge more than $100. for her serviced in this capacity. <br />IN WITNESS WHEREOF, I hereunto set my hand this 28th day of January, 1938. <br />Henrietta Mehlert <br />This instrument was on the day of the date thereof, signed, published and declared by the said <br />Henrietta Mehlert to be her Last Will and Testament in the Presence of us who at her request have <br />subscribed our names hereto as witnesses in her presence and in the presence of each other. <br />Mrs. Dora Buettner <br />Henrietta Mehlert Carrie M.Nelson <br />Hall County, Nebraska, F I L E D DEC. 7, 1938, Paul N.Kirk,County Judge. <br />CERTIFICATE OF PROBATE.OF WILL <br />STATE OF NEBRASKA ) At a session of the County Court held in the County Court Room in Grand <br />HALL COUNTY .)ss-Island, in said County, on the 31st day of December, A.D. 1939. <br />Present Paul N.Kirk, County Judge. <br />In the Matter of the Estate <br />of <br />Henrietta Mehlert, deceased. <br />I. Paul N.Kirk, Judge of the County Court in and for said County, do hereby certify that on the <br />7th day of December, 1938, the instrument purporting to be the last will and testament of Henrietta <br />Mehlert, deceased, was filed for probate in this Court. That on the 31st day of December, 1.938, <br />said instrument to which this certificate is attached was duly proved, Probated and allowed as <br />the last will and testament of the real and personal estate of said Henrietta Mehlert,deceased, <br />and the same was ordered to be recorded in the records of the Court aforesaid. <br />IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the County Court this <br />31st day of December, 1938. <br />Hall County, Nebraska F I L E D (SEAL) Paul N.Kirk <br />DEC. 31, 1938,Paul N.Kirk,Co.Judge. County Judge <br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA. <br />IN THE MATTER OF THE ESTATE OF FINAL DECREE. <br />HENRIETTA MEHLERT, DECEASED. <br />Now on this 13" day of September, 1939, this cause carne on to be heard on the final report and <br />account of Albert Windolph, executor of the estate of Henrietta Mehlert, deceased, and the court <br />finds from the proofs on file herein that legal notice, as by law and the order of this court re- <br />quired, has been given to all persons interested of the filing of said final report and account; <br />that no objections have been filed thereto and that said final account and report is correct and <br />should be allowed and ap;)roved. <br />The court further finds from the proofs on file herein_, that notice, as required by law and in <br />accordance with the order of the court herein, was given to all creditors of the deceased of the <br />time allowed and place appointed for filing claims against the estate of said deceased; finds that <br />all costs and expenses of administering said estate have been fully paid, as shown by receipts on <br />file herein; that all debts and claims of creditors against the deceased or her estate, which have <br />been filed herein and allowed, have been fully paid as evidenced by receipts filed herein; that <br />all debts and claims against said estate, not filed or allowed, if any there be, are forever <br />barred; finds that said estate and the succession thereto.are not subject to any Federal estate <br />tax and finds that the inheritance taxes under the laws of the State of Nebraska on the succession <br />to said estate have been duly determined and have been fully paid by said executor. <br />Finds that the deceased died testate on November 22, 1938, a resident of said Hall County, <br />leaving her s ,.jrviving as her sole devisees and legatees under her last will Mrs. M.F.Ryan, and <br />Henry Mehlert, Junior,. of Spokane, Washington, children by a prior marriage of her deceased <br />husband, Henry Mehlert, Mrs. Gesina Bade, her sisterinlaw, of Cheyenne, Wyoming, Sophia Brandt, <br />her sister, of Bismark, North Dakota and the children of her deceased sister, Amanda Windolph, <br />namely: Albert Windolph, Elsa Lassen, Hugo Windolph, Walter Windolph, Otto Windolph, Clara Schultz <br />and two grandchildren, Harold Windolph and Phyllis Windolph, children of William Windolph, a <br />deceased son of said Amanda Windolph, who predeceased the testatrix and that deceased left as her <br />only heirs at law, said Sophia Brandt, a sister, the children and granchildren of Amanda Windolph, <br />a deceased sister, above named and the following children of William Bade, deceased brother of the <br />testatrix, namely: Emil Bade, Irene Bade Bailey, Henrietta Bade Bostrom, Anna Bade Zaboudil, <br />William C.C. Bade, Frieda Bade Helms, Harry Bade, Carl Bade, Gesi:ena Bade and Mildred Bade. <br />Finds that the deceased died seized in fee simple of Lot Eight (8), in Block A of Boehm's <br />Subdivision, located on Lot 16 of County Subdivision of the South Half of Southeast Quarter of <br />Section Sixteen (16), in Township Eleven (11),North of Range Nine (9) of the 6 P.M. in Grand <br />Island, in Hall County, Nebraska. <br />Finds that the testatrix died owning the equitable or beneficial title to undivided interests <br />In various lands as equitable tenant in common, the legal title to all of which is in the name of <br />Grand Island Trust Company, as trustee, as shown by certificates of title issued by said Grand <br />Island Trust Company, evidencing the equitable ownership of the deceased of undivided interests <br />in the following described real estate: <br />Page 2 <br />1. A one fourth equitable title to Lot Three (3), in Block Ten (10), in Kernohan & Decker's <br />Addition to the City of Grand Island, in Hall County, Nebraska, evvdenced by certificate of <br />title No. 2779 -303. <br />2. An undivided three fifty - fifths (3/55) equitable title in South Half of North Half of <br />Northeast Quarter and South Half of Northeast Quarter and North Half of Southeast Quarter and <br />Northwest Quarter, all in Section Twenty -two (22) and South Half of North Half of Northwest <br />Quarter and South Half of Northwest Quarter and Northwest Quarter of Southwest of Section Twenty - <br />three (23), all in Township Thirteen (13), North,Range Twenty, West of the 6 P.M. in Custer County, <br />Nebraska. <br />