In the matter of the estate of John C. Owen, deceased.

On this 11th day of May, 1907, this cause having heretofore been submitted to the court on the pleadings, evidence, and arguments of counsel, came on further to be heard, and the Court finds that Johnathan R. Berkheimer was appointed executor of the last will and testament of John C. Owen on the 2nd day of January, 1906, and on the 9th day of January, 1907, filed his petition for final settlement and final account as such executor, and that on said day and order was made assigning the 28th day of January, 1907, as the time for hearing said petition and report, and that due notice of the time and place has been given as required by the order of the court. That afterwards, on the 17th day of April, 1907, said executor filed a supplemental and additional report.

The Court finds that the time limited for the presentation of claims against said estate has expired; that all claims filed and allowed against said estate have been fully paid; that the final administration account as filed, is in all respects true and correct; that the amount of property chargeable to said executor is $4745.47; that the amount properly allowed and credited to him, is $2409.41; and that the residue in his hands in the sum of $2336.06, which sum remains to be distributed after the payment of the costs of this court.

The Court finds that under the provisions of the will of John C. Owen, that the widow, Lydia Owen, is entitled to the whole of the income from the real estate; that the allowances made to her do not____; that the southwest quarter of the northeast quarter of section 17, township 13, range 9 in Saunders County, willed to Lydia Owen, is not liable for the payment of the legacies.

That the will of John C. Owen was admitted to probate in this Court June 2, 1903, and that final judgment admitting said will to Probate on a mandate from the Supreme Court was entered July 10, 1905. That said John C. Owen, left him surviving the following named persons who are his only heirs at law, and legatees, to-wit: Lydia Owen, his widow; Edward J. Owen, Levi Owen, Frank C. Owen, Emma Owen, Thomas E. Owen, Rosa A. Owen, Josephine Harrison, Sarah Wood, Anna Wertz, John Owen, Laura Catlin, Nora French, Della Caldwell, Stella Owen, Harland German, Jefferson D. German, Denton German, Bertha German.

That by the terms of the last will and testament admitted to probate herein the said testator gave to his daughter Sarah Jane Wood, the sum of $400.00; to the heirs of Albert Richard Owen, to be divided among them, share and share alike, $25.00; to the heirs of Alzina H. German, to be divided among them, share and share alike, $25.00.

To Lydia Owen, the southwest quarter of the northeast quarter of section 17, township 13, range 9, in Saunders County; and all the village lots which testator owned in the village of Memphis, except blocks 9, 19, 20, and 21, and lots 1, 2, 3, 4, and 5, in block 5, of said village.

To Levi Owen, the northeast quarter of the southeast quarter of section 17, township 13, range 9, in Saunders County, Nebraska.

To Thomas E. Owen, the southeast quarter of the southeast quarter of section 17, township 13, range 9, in Saunders County.

To Edward J. Owen, the southwest quarter of the southeast quarter of section 17, township 13, range 9, and all that tract and parcel of land known as blocks 19, 20, and 21, as originally laid out as a part of the village of Memphis.

To Frank C. Owen, the east half of the southwest quarter of section 17, township 13, range 9, in Saunders County.

To Josephine Harrison, lots 1, 2, 3, 4, and 5, in block 5, in the village of Memphis, to have and to hold during her natural life and the remainder to her heirs forever.

To Lydia Owen, the use and income of all the real estate devised to Levi, Thomas E., Edward J., Frank C. Owen, and of block 9, in the village of Memphis, during her natural life.

To his heirs, subject to the life estate of Lydia Owen, share and share alike, all of block 9, in the village of Memphis.

That John C. Owen died seized of the northwest quarter of the northeast quarter of section 17, township 13, range 9, in Saunders County, which was not disposed of by his last will and testament, and which was subject to, and was sold by the executor, for the payment of debts, costs of administration and legacies.

To Lydia Owen the Southwest quarter of the Northeast quarter of section 17, township 13, range 9, East in Saunders County; all the lots and blocks owned by the testator, at the time of his death, situate and being in the village of Memphis, Nebraska, save and except, blocks 9, 19, 20, and 21, and lots 1, 2, 3, 4, and 5 in block 5 of said village; also the use, income and usufruct of all the real estate devised to Levi Owen, Thomas E. Owen, Edward J. Owen, Frank C. Owen, during her lifetime, and no longer.

To Levi Owen the Northeast quarter of the Southeast quarter of section 17, township 13, range 9 East, in Saunders County, subject to the life estate of Lydia Owen.

To Thomas E. Owen, the southeast quarter of the southeast quarter of Section 17, township 13, range 9, in Saunders County, Nebraska, and all that tract and parcel of land known as blocks, 19, 20, and 21, as originally laid out as part of Memphis, Nebraska, subject to the life estate of Lydia Owen.

To Frank C. Owen, the east half of the southwest quarter of section 17, township 13, range 9, east, in Saunders County, subject to the life estate of Lydia Owen.

To Josephine Harrison, lots 1, 2, 3, 4, and 5, in block 5, in the village of Memphis, to have to hold the same during her natural life, and the remainder to her heirs forever.

To Edward J. Owen, Levi Owen, Frank C. Owen, Emma Owen, Thomas E. Owen, Rosa A. Owen, Josephine Harrison, Sarah Wood, Anna Wertz, John Owen, Laura Catlin, Nora French, Della Caldwell, Stella Owen, Harlan German, Jefferson D. German, Denton German, and Bertha German, block 9, in the Village of Memphis, subject to the use, income, and usufruct thereof in Lydia Owen, during her natural life.

That the residue of the personal property in the hands of the executor, in the sum of $2336.66, be, and the name hereby in, assigned to the heirs and devisees of John C. Owen, and the payment of the balance of the Court costs, as follows, to-wit:

To E. E. Placek, court costs, $86.60

"Sarah Jane Wood, legacy, $400.00

"the heirs of Albert R. Owen, legacy, viz. -- 

Anna Wertz $4.17

John Owen $4.17

Laura Catlin $4.17

Nora French $4.17

Della Caldwell $4.16

Stella Owen $4.16

"the heirs of Alzina H. German, legacy, viz.--

Harlan German, $6.25

Jefferson D. German, $6.25

the guardian of Denton German, $6.25

"" Bertha German, $6.25

"Lydia Owen, $163.58

" Edward J. Owen, $163.58

"Levi Owen, $163.58

To Frank C. Owen, $163.58

"the guardian of Emma Owen, incompetent, $163.58

"Thomas E. Owen, $163.58

"Rosa A. Owen, $163.58

"Josephine Harrison, $163.58

"Sarah Wood, $163.58

"Anna Wertz, or assignee, $163.58

"John Owen, "" $27.27

"Laura Catlin, "" $27.27

"Nora French, "" $27.27

"Della Caldwell, "" $27.27

"Stella Owen, "" $27.27

"Harlan German, "" $40.90

"Jefferson D. German, "" $40.90

"guardian of Denton German, $40.90

"" Bertha German, $40.90

That upon the payment of the costs, legacies, and the distribution of the money on hand as aforesaid, and upon the return of the proper vouchers therefore, the said Johnathan R. Berkheimer, executor, is discharged from any further liability herein, and his bond cancelled and surety thereon released and discharged.

BY THE COURT: ______________ County Judge.

*This was transcribed from a copy of the probate of John C. Owen, by his GG-granddaughter, Kathie Harrison.