Laserfiche WebLink
WILL AND DECREE RECORD <br />88081 —The Augustine Co., Grand Island, Nebr. <br />Present: Charles Bossert, County Judge. <br />BE IT REMEMBERED: That on the 10th day of August, 1946, Anna Sims Moody, Administratrix <br />of the Estate of John G. Moody, deceased, filed in this Court her final account as such <br />Administratrix and a petition praying that said account be allowed, for a decree of heirship, <br />an order of distribution, a final settlement thereon and discharge.. <br />For these purposes, the 4th day of September, 1946, at 10 o'clock A. M. at the County <br />Court Room in said County, was assigned as the time and place for hearing said petition, <br />examining and allowing said account; and it was ordered that notice of the pendency of said <br />petition be given to all persons interested in said estate by publishing such notice in the <br />Grand Island Independent, a legal newspaper printed in said County, for three weeks prior to said <br />day of hearing; and it appears by proof on file that said notice was given as ordered by Court <br />and that no objections to said final account have been made or filed. <br />Upon examination of the record and the evidence in this matter and being duly advised in <br />the premises, the Court finds as follows: <br />FIRST <br />That John G. Moody departed this life on the 2nd day of March, 1946, in Grand Island, Hall <br />County, Nebraska, intestate, and at the time of his death he was a resident of Hall County, <br />Nebraska. <br />SECOND <br />That on the 9th day of March 1946, Jack G. Moody and Martha K. Moody, his ehildrep, <br />filed in this Court a petition praying for the appointment of Anna Sims Moody as Administratrix <br />of the Estate of said deceased, and on the 12th day of March, 1946, an order of this Court was <br />made therein assigning the 3rd day of April, 1946, at 10 o'clock A. M. at,`the County Court Room <br />in said County as the time and place for hearing said petition, and ordering that notice of the <br />pendency of said petition and hearing thereon be given to all persons interested in said matter <br />by publishing said notice in the Grand Island Independent, a legal newspaper printed in said <br />County, for three successive weeks prior to said day of hearing, and it appears by proof on <br />file that notice of said order was given as ordered by this Court. <br />THIRD <br />The Court further finds that Anna Sims Moody named in said petition was, upon her giving <br />bond in the sum of `14,000.00 as ordered by this Court, appointed Administratrix as prayed; the <br />Court further finds that the deceased at the time of this death was married, and that he left <br />the following heirs -at -law: Anna Sims Moody, his widow, Martha K. Moody, his daughter, and Jack <br />G. Moody, his son, all over the age of 21 years. <br />FOURTH <br />That on the 5th day of April, 1946, an order was made herein allowing creditors three <br />months from and after the first day of May 1946, in which to file their claims against said <br />estate and said Administratrix one year in which to settle said estate, and further ordering that <br />a notice to creditors be published in the Grand Island Independent, a legal newspaper published <br />and circulating in Hall County, Nebraska, for three successive weeks prior to said first day of <br />May, 1946, and that a hearing on claims filed against said estate would be held at the office of <br />the County Judge of Hall County, Nebraska, on August 5, 1946, at 9 o'clock A. M., and it appears <br />by proof on file that notice of said order was published as ordered by this Court. <br />FIFTH <br />The Court further finds that on the 6th day of April, 1946, said Anna Sims Moody as <br />Administratrix, filed in Court her Inventory of the property of'said estate, and that according <br />to said Inventory, the deceased died seized and possessed of the following described property, <br />to -wit: <br />The Easterly Fifty -five (E 55) feet of Lot Three (3) in Block One Hundred Twenty -seven <br />(127) of Union Pacific Railroad Company's Second Addition to the City of Grand Island, Nebraska. <br />The Southerly Sixty (S 60) feet of Lot Four (4) in Block Eight (8) of the Original Town <br />now City of Grand Island, Nebraska, and <br />Personal property of a value of $11,942.59. <br />SIXTH <br />The Court further finds that on the 5th day of December, 1934, prior to the date of the <br />marriage of said Anna Sims Moody, whose name at that time was Anna M. Sims, to John G. Moody, <br />said decedent, said Anna Sims Moody entered into an anti- nufAtal agreement in writing with said <br />John G. Moody, now deceased, by the terms of which said Anna Sims Moody waived any and all right, <br />title and interest in and to any property or estate of said John G. Moody in the event he <br />preceded in death said Anna Sims Moody, which anti - nupital agreement is attached to the Final <br />Report of said Administratrix filed in this estate proceedings with this Court; that according <br />to the terms and provisions of said anti - nupital agreement and the laws of decent and distribution <br />of the state of Nebraska, said property described in paragraph Fifth hereof, descends as follows: <br />An undivided one -half share thereof to each of the following: Martha K. Moody and Jack G. Moody. <br />SEVENTH <br />The Court further finds that on the 5th day of August, 1946, an order of this Court was <br />made barring all claims not filed against said estate and allowing the claim of Scheffel and Sons <br />Monument Co. in the sum of $95.00 against said estate; the Court further finds that said claim <br />and all debts and other claims against said estate, including the costs of administration there- <br />of, have been fully paid and that there remains in the hands of said Administratrix for dis- <br />tribution, the sum of $10,199.70 in c0ho <br />EIGHTH <br />The Court further finds that after deducting from the assets of said estate, all debts, <br />claims, costs of administration and.all other proper expenditures and the statutory exemptions <br />allowed the heirs -at -law in said estate, that there is due and payable to the County Treasurer <br />of Hall County, Nebraska, no inheritance tax whatsoever. <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT that the final report of Anna <br />Sims Moody, Administratrix herein, be and the same hereby is approved and allowed as such; that <br />Anna Sims Moody, Martha K. Moody and Jack G. Moody, are all hnd the only heirs -at -law of said <br />deceased, and that the property described in paragraph Fifth hereof, descends according to the <br />terms, conditions and provisions of said anti - nupital agreement hereinbefore mentioned and the <br />laws of descent and distribution of the State of Nebraska at found in paragraph Sixth of this <br />Decree; further that Anna Sims Moody pay unto said Martha K. Moody the sum of $5,124.85 and unto <br />said Jack G. Moody the sum of 5,074.e>5, being their proportionate share of the cash remaining <br />in her hands as Administratrix, and upon her filing receipts showing such payment that she be <br />discharged as Administratrix, her bond released and said estate fully settled and closed. <br />IN WITNESS WHEREOF I have hereunto set my hand and the seal of the County Court of Hall <br />