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<br /> WILL .AND DECREE RECORD
<br /> 28081—The Auguatine Co., Grand Island, Nebr. h
<br /> STATE OF NEBRASKA)
<br /> ss. CERTIFICATE OF PROBATE OF ?�ILL
<br /> HALL COUNTY )
<br /> At a Session of the County Court held in the County Court Room in
<br /> Grand Island, in said County, on the 6th day of January A. D. , �943. Present Paul N. Kirk County Judge.
<br /> In the ��iatter of tne Estate oP Charles B. Modesitt, Deceased .
<br /> I, P�.uI N. Kirk, Judge of the County Court, in an d for said County, do hereby certi�y that on �II
<br /> the 7th day of December 19�-2, the instrument �urporting to be the last will and testament of ,
<br /> Charles B, i�lodesitt deceased, was filed for probate in this Court. That on the 6th d�.y of '
<br /> January 1943, said instrument to which this certificate is attache� was duly proved, probated and
<br /> allowed �s the 1a.st will and testament of the real and personal estate of said Charles B. Modesitt
<br /> deceased, and the s�.me was orc�ered to be recorded in the records of the Court aforesaid.
<br /> IN ':-�TIT'�ESS Tn?HEREOF, I have hereunto set my hand �,nd a.ffixed tne se�.l of t�_ie County Court, this
<br /> 6th day of J�,nuaxy, 19�-3.
<br /> (SEAL) Paul N. Kirk
<br /> County J'udge
<br /> HALL COUNTY, NEBRA�KA F I L E D JAN � 19�F3
<br /> PAUL N. KIRK COU�tTY JUDGE
<br /> IN THE COUTJTY COURT OF HALL CO?JNiY, NEBRASKA
<br /> IN THE 14�ATtER OF THE ESTATE )
<br /> OF } - FINAL DECR�E
<br />, CHARLES B. i�ODESITT, DECEASED. )
<br /> Now on this llth day of December 19�-7 this cause came on, for hearing upon the Final Report
<br /> of Carl Modesitt, executor of the Estate of Charles B. I�Zodesitt, deceased, following due notice
<br /> to all persons interes�ed in said estate by �ublication, of t�e filing of said Report and of the
<br /> time fixed for the settlement of said estate, �.nd noone appeared to ob�ect or protest the
<br /> allowance of said report.
<br /> Upon examination thereof, the Court finds that the report is correct and ought to be allo►aed;
<br /> tha.t the executor has accounted for all of said estate coming in�o nis hands or under his control,
<br /> and haa baid all c1�.ims filed and allowed against said estate; that the legacies provided Po� in
<br /> said s�rill have been paid in a,ecordanee with the ?�rovisions of said will, and that the eourt costs,
<br /> publication fees, executor's fees, ex��enses of the la.st illness, and funeral expenses have been
<br /> paid by the executor.
<br /> The -Court further finds that ttle said Charles �. Modesitt departed this life on the 30th day
<br /> of November, 1942, being at the time of his de�th a resident and inhabitant of Hall County,
<br /> Nebraska; tha.t he left a Last Will and �'estament whcih was duly approved, �.11owed, and admitted to
<br /> probate in this Court on the 6th day of Janu�,ry, 1943.
<br /> The Court furt��er finds that due notice was given to all creditors of said dece�.sed as to the
<br /> time allowed and place appointed for the filing of claims against said estate b;� publication of
<br /> said notice as required by law; that said time has expired; that all claims filed against said
<br /> estate were naid, and tnat any claims outstanding against said estate, if �,ny such thereby, are
<br /> forever barred and brecluded,' .
<br /> The Court further fin�s that the said Charles B. T�odesitt was at the time of his death the
<br /> ot.aner in fee simple title of the following-described real estate, to�ait :
<br /> ' Lot Eight, Block One H,undred Eighteen of Railroad Addition to the City of Grand Island, Nebraska.
<br /> ° The East Half of the 5outheast Quarter of Section Twelve, Township Ten North,Range Eleven West of
<br /> tn.e 6th P.M.
<br /> . The East Half of th e Northeast Quarter of Section Thirteen, Township Ten North, Range Eleven
<br /> West of the 6th P. T�I. , excent the three-acre strip off the South corner thereof.
<br /> The Northwest Qu�rter of �ection Thirty six, Township Eleven, North, Range Eleven West of the
<br /> 6th P.M. in Hal� Count Nebraska. ,
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<br /> The North Half �f the Southeast Quarter and the Southeast Qu�arter ::.of the �ou�h�ast Quarter all in
<br /> Section Two, Townshi� Ten, North, Range E�.even, West of the 6th P.M. in Hall County, Nebraska. .
<br /> The Southwest Qua,rter of Section Thirty six, Township Eleven, �torth, Range Eleven, West of the
<br /> 6th P.i�. in H�.11 County, ivebr�,ska. �
<br /> And the Court further finds that the said Charles B. Modesitt was �t the time of his death the
<br /> owner of 30 shares of capital stock in the Commercial Na,tional Bank of rand Island, Nebraska and
<br /> 50 shares of the car�ital stock in Commercial �tate Bank of Gra.nd Island, �ebraska, �nd one 1937
<br /> Plymouth automobile.
<br /> The Court further finds that under the terms and provisions of the said Last Will a.nd Testamer�
<br /> Lot Eight in Block One Hundred Eighteen in Railroad Addition to the City of Grand Island, Nebr�,ska
<br /> passed and descended ta Nettie Modesitt, surviving widow of Charles B. Modesitt, deceased, for
<br /> and during her natural lifetime, and so lon� as she remained unmarried, and that upon her death
<br /> or remarriage, the above-described real estate ��assed and descended to tne grandchildren of
<br /> Ch�.rles B. Psodesitt, to-wit: Kathleen Modesitt, Eugene Pdodesitt, Leland hlodesitt, and Carline
<br /> Madesitt, in equal shares to each, and each of said grandchildren to have an undivided � interest
<br /> in the above-described re�l est�,te subject only to the life estate of the said Nettie Modesitt, and
<br /> that u�on the death or the remarriage of the said Nettie P-Todesitt, said grandchildren shall be the
<br /> absolute otaners in equal shares to the above-described real estate.
<br /> The Court furt'rier finds tnat from the ��rovisions of said w�,ll the East Half' of the Southeast
<br /> Quarter of Section Twelve, Township �'en, North, Range Eleven, W�at; and the East Half of the
<br /> Northeast Quarter of Section Thirteen, Township Ten, North, Range Eleven, west in Ha11 County,
<br /> �ebraska, excepting three acres oPf the South corner� thereof (conveyed to Andy Wilkinson) , did
<br /> pass and descend at the time of the death of the said Charles B. Modesitt, to his �widow, Nettie
<br /> Modesitt, in absolute �itle.