NO. 9 HALL COUNTY
<br />In the Matter of the Estate of
<br />Jesse A. McCarty, Deceased
<br />Charles'' Boasert Judge of the County Court, in and for said County, do hereby certify that on the
<br />17th day of June 1946, duly authenticated copy of an instrument purporting to be the last will and
<br />testament of Jesse A. McCarty deceased, was filed for probate in this Court. That on the 10th
<br />day of July 1946, said instrument to which this certificate is attached was duly proved, probated
<br />and allowed as the last will and testament of the real and personal estate of said Jesse A. McCarty
<br />deceased, 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 />10th day of July 1946.
<br />Charles Bosaert
<br />(SEAL) r, oun y 7u dge
<br />HALL COUNTY, NEBRASKA F I L E D in 10 1946 CHARLES BOSSERT COUNTY JUDGE
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA.
<br />IN THE MATTER OF THE ESTATE )
<br />DECREE ADMITTING FOREIGN WILL TO PROBATE
<br />OF AND DECREE OF DISTRIBUTION.
<br />JESSE A. McCARTY, DECEASED.
<br />Now on this 10th day of July, 1946, this matter came on for hearing on the petition of
<br />Ethelyne McCarty, surviving widow of the Deceased for the proof, allowance and probate of the duly
<br />authenticated copy of the last will and testament of Jesse A. McCarty, Deceased and the Foreign
<br />Probate thereof and the records in the case and the evidence introduced by and on behalf of the
<br />petitioner, and the Court having examined the records and being fully advised in the premises,
<br />finds that said petition and the duly authenticated copies of the lait will and testament of the
<br />Deceased and the Foreign Probate thereof were filed in this Court on the 17th day of June, 1946
<br />and on said date this matter came on for hearing on said petition and said authenticated copies and
<br />it appearing to the Court that the Deceased had been dead for more than two years, the Court
<br />entered an order setting said matter for hearing on said petition at ten O'Clock A. M., before the .
<br />County Court on the 10th day of July, 19+6 and further ordered that notice of the time and place
<br />of said hearing be given to all persons interested in said estate, both creditors and heirs,
<br />setting forth the filing of the petition, the date of the death of the deceased, his place of
<br />residence, a description of the real property of which he died seized, the interest in such real
<br />estate of the petitioner, and the prayer of the petition, and further ordered that said notice be
<br />published in the Grand Island Independent, a legal newspaper in general circulation in Hall County,
<br />Nebraska, for three successive weeks prior to said hearing, and that proof of such publication
<br />has been filed herein.
<br />The Court further finds that Jesse A. McCarty died at Corona, in Riverside County, State of
<br />California, and at said time was an inhabitant and resident thereof, that he died on the 26thday
<br />of November, 1943, leaving a' Last Will and Testament; that the same was duly allowed, proven and
<br />probated as his last will and testament on the 13th day of December, 1943, in the Superior Court
<br />of the State of California, in and for the County of Riverside, in Proceeding number 9740, entitled:
<br />"IN THE MATTER OF THE ESTATE OF JESSE A. McCARTY, DECEASED", that said Court was the Court of
<br />Original Jurisdiction in the matter and that duly authenticated copies of said last will and
<br />testament and the Foreign Probate thereof in said Court, have been filed in this Court, in the
<br />manner provided by law.
<br />The Court further finds that the Deceased died seized of an undivided one- fifteenth interest
<br />in the following described real estate situate in the County of Hall and State of Nebraska, to wit:
<br />Lots One, Four, Five, Six, Seven, Eight, and Nine, and the South Half of the Southwest
<br />quarter, and the South Half of the Southeast quarter, all in Section Twenty six, Lots
<br />Nine, Ten, Eleven, and Twelve, .and the Southeast quarter of the Southeast quarter,
<br />all in Section Twenty Seven, Lots Three, Four, Five, and Six, and the South Half of
<br />the Northeast quarter, and the South Half of the Northwest quarter, all in Section
<br />Thirty Four , Lots One, Two, Three, and Four- , and the Northwest quarter, and the
<br />North Half of the Northeast quarter, and the Southwest quarter of the Northeast
<br />quarter, all in Section Thirty Five, and all of the above described land being in
<br />Township Ten, North, Range Ten, West of the Sixth Principal Meridian, and containing
<br />1430 acres more or less according to Government survey, together with all and singular,
<br />the tenements, hereditaments, and appurtenances thereunto belonging.
<br />That the following named persons are the sole and only heirs at law of the Deceased:
<br />Ethelyne McCarty, surviving widow of the Deceased;
<br />Wilda Lynne McCarty, daughter of the }deceased; and
<br />Mary Margaret McCarty, daughter of the Deceased, all of Cor ona, Riverside County, California.
<br />That Ethelyne McCarty, the petitioner is the surviving widow of the Deceased and the sole
<br />devisee and legatee under the terms of the his last will and testament and by operation of traid
<br />last will and testament, the title to the real estate hereinbefore described descends to her; that
<br />no inheritance tax is due the State of Nebraska and all charges of every kind and nature against
<br />the estate of the Deceased have been paid; that more than two years have elapsed since the date of
<br />the death of the Deceased, and regular administration of the estate of the Deceased, should be
<br />dispensed with and a Decree entered finding that said estate has descended free of all debts,
<br />against the Deceased and said estate should be immediately assigned under the provisions of the
<br />last will and testament of the Deceased In so far as the same may operate upon it.
<br />The Court further finds that the duly authenticated copy of the last will and testament of the
<br />Deceased should be allowed proven and probated in this Court as the last will and testament of the
<br />Deceased and a Decree be entered admitting it to Probate subject to the foregoing provisions.
<br />The Court further finds that no application for the appointment of an administrator has been
<br />made and no administration of his estate has been had in the State of Nebraska and no other petition
<br />for the proof, allowance and probate of his last will and testament has been filed in the State of
<br />Nebraska and no person has appeared to contest the hearing herein, on the petition filed herein.
<br />IT IS THEREFORE ORDERED BY THE COURT that the authenticated copy of the Last Will and Testament