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<br /> NO. 9 HALL COUNTY � �
<br /> I, Paul N. Kirk, Judge of the County Court, in and for said County, do hereby certify that on
<br /> the 7th c�ay of December 19�-2, the instrument purporting to be the last will and testament of
<br /> Charles B. T�Todesitt deceased, was filed for probate in t�.is Court. That on the 6th day of January
<br /> 19�-3, said instrument to t��hich this certificate is attached was dul�r proved, probated and allowed as
<br /> the �ast taill and testaMent of the real and personal estate of said Charles B. Modesitt deceased,
<br /> and the sa.ne Uras ordered to be recorded in the records of the Court afores�zd.
<br /> - Ir�? Y�rITP1ESS WH�EOF, I have hereunto set my :rnand and affixed the seal of the County Court, this
<br /> 6th day of Januar;� 19�3
<br /> (SEAL) Paul N. Rirk
<br /> HALL COUN`i'Y, NEBRASKA F I L E D JAN 6 1g�+3 oun y udge
<br /> PAUL N. KIRK COUNTY JUDGE.
<br /> IN THE COUNTY COTJRT OF HALL COUNTY, NEBRASKA
<br /> II'1 THE T�IATmER OF THE ESTATE )
<br /> )
<br /> 0 F ) A���EPIDED
<br /> ) FIr�AL DECREE
<br /> CFIARLES B. MODES2TT, DECEASED. )
<br /> Now on this 12th day of July, 7.949, this cause came on for hearing upon the Motion and ap-
<br /> plication of Carl I�iodesitt, praying for an Amended Final Decree to be entered in the above-entitled
<br /> case, and it appearing to the Court from an examination of the file that the proper'�y bequeathed to
<br /> Kathleen Modes3.�t under the Last S4i11 and Testament of Cn�.rles B. ��Iodesitt, deceased, was
<br /> erroneously described as the Plorthwest Quarter (Nw4) of Section Thirty Six (36) in Township Eleven
<br /> (11) , iJorth, Range Eleven (11) , Wes� of the 6th P.M. in Hall County, Nebraska, and that the above-
<br /> described property Uras bequeat?zed to Hubert Modesitt in the t:�ird paragraph of the will of Charles
<br /> B. I�lodesitt, ctecPased, and it further a.ppearing to the court that the property bequeathed to
<br /> Kathleen P�Zodesitt, granddaug:nter of Cha-rles B. P-7odes'�tt, deceased, to-wit: The North Half of the
<br /> Sou�heast Quarver (NzSE4) anc� the Southeas� Quarter of the Southeast Quarter (SE4SE4) of 5ection
<br /> Two (2), Township Ten (10) , No-rth, Range Eleven (11) , 1�1est of the 6th P.M. was, under the :4th
<br /> paragraph of the z�Till of Charles n. I��odesitt, deceased, bequeathed to nis grandaughter, Kathleen
<br /> Modesitt.
<br /> The Court finds that a,n Amended Final Decree should be entered correcting said error, and that
<br /> '�he A�iot3.on and A��plication oi said C�.�^1 �•Zodesitt should be granted.
<br /> IT IS THE.REFO�E ORDERED, ATJ�TUDGED, AP?D DECREED BY THE COURT that the Final Decree heretofore
<br /> entered 3.s hereby anended, and corrected, a,nc� th�,t said amenc�ed final decree shall be amended to
<br /> read as follows:
<br /> IN THE COUPJTY COURT �F HALL COUI`3TY, NEBRASKA '
<br /> TPT THE P���ATT�R OF THE ESTATE )
<br /> )
<br /> OF ) FINAL DECREE
<br /> CHARLES B. MODESITT, DECEASED. �
<br /> Now on �his 11th day of December, 19�-7 this cause came on for hearing upon the Final Report of
<br /> Carl T�lodesitt, executoi^ of the estate of Charles B. I�?odesitt, deceased, following due notice to a11
<br /> nersons interested in s�.id estate by publica�ion, of the filing of said report, and of the time
<br /> fi�:ed for the settlement of said estate, and nc�one appeared to ob�ect or protest the alloVTance of
<br /> sa3.d repor'�.
<br /> Upon examina,�ion thereof, the Court finds that the report is correct and ought to be allowed;
<br /> that the executor has accounted for all of said estate coming into nis hands or under his control,
<br /> and has paid all clairas filed and a17.owed against said estate; that the legacies provided for in
<br /> said will 'nave been paid in accardance with the provisions of said w3.11, and that the court eosts,
<br /> publication fees, executor �s fees, expenses of the last illness, and funeral expenses have been
<br /> paid b;� the executor.
<br /> The Court further finds th�.t the said Charles B. T���odesitt departed this life on the 30th da,y
<br /> of Nove�nber, 19�-2, being at the time of his death a residen� and inhabitant of Hall County, Nebraska;
<br /> that ?�e left �, Last �fJill and Testarnent t,rhich was duly approved, allowed, and admitted to probate in
<br /> tnis Court on the 6th day of Jar.uary, 19�+3.
<br /> The Court further finds that due notice was given to all creditors of said deceased as to the
<br /> time allot�;red and place ap?�ointed for tne filing of clai�s against said estate by publication of
<br /> said notice as required by 1aw; that said t�me has expired; that all claims filed agains� said
<br /> estate tJere paid, and that any claimU outstanding against said estate, if any such there be, are
<br /> forever barrpd and precluded.
<br /> The Court further finds that the said Cha,�les B. P�Zodesitt was at the time of his death the
<br /> owner in fee simple title of the follot�rin�-described real esta�e, �o-i�rit:
<br /> Lot Eight, Block One Hundred Eighteen oi' Railroad Addition to the City of Grand Island, Nebraska•
<br /> The Eas't Half of the Southeast �uaxter of Section Twelve, Township Ten North, Range Eleven t�lest of
<br /> the 6th P.i��.
<br /> The East Half of �he PJortheast Quarter of Section Thirteen, Township Ten North, Range Eleven West
<br /> of the 6th P.M. , el�cep� the three-acr8 strip off the south corner thereof.
<br /> The I�lortht�rest Quarter of Section 'lhirty six, Tot�Jnship Eleven, North, Range Eleven ��1est of the 6th
<br /> P.M. in Ha1l County, Nebraska. -
<br /> The PJorth -Half of the Southeast Quarter and the Southeast Quarter of the Southeas� Quarter all in
<br /> Section TVro, Township Ten, T�yorth, Range Eleven, ?+test of the 6th P.I��. in Hall Coun'tv, Nebraska.
<br /> The Sout�.t,�est �,uarter of Section Thirty six, Township E1.even, Plorth, Range Eleven, ?�1est of the 6th
<br /> P.R2. in Hal1 County, Nebraska.
<br /> And the Court further f�.nds that the said Charles B. rdodes3.tt was at the time of his death the
<br /> ozJner of 30 shares of capital stock in the CornMercial National Bank of Grand Island, Nebraska and