Citizens State Bank (Wahoo, NE)

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Filed Decree In Bank Case Hastings By

Determines District Judge In Bank Controversy.

Will Be No Appeal

All Parties Agree To Court Findings After Long Suit.

In the matter the State Nebraska rel, Sorenson Citizens State Bank of hoo, Judge Hastings signed deTuesday ten type written pages which the affairs number of individuals, claimants and positors bank settled. Under the decree Central Bridge Construction given deposit of added its regular account of $14,making total deposit of from which deducted $10,500 interest of leaving the balance due decree further finds that the Central Bridge Construction entitled refund account interest on the receiver after the bank paid closed and which the receiver was not entitled The decree finds that note for bank Risk, president the Central Bridge Construction asset and should cancelled. court finds that the claim Luther dowment Fund addition notes particularizing the note of Joseph Erickson should signed and delivered to Luther College. Further the court finds that $16,500 should said Luther deposit College the further claim further entitled Central Bridge Co. for $5,900 which College named payee. The court further finds that the College entitled two notes $5,000 given the Bridge Co. and Joseph Erickson note for which should be assigned the receiver. the Trustee entitled deposit of College stipulation waives claim following notes: Ernest Bahm, $2,500; EmBostrom Annette $3,000; Lampert, 700; Edna Nigh, Elmelund, $5,000; $3,500; August Bengston, $2,800 notes State Bank. By stipulation said College waived all interest Bridge Construction Co. of $2,000 dated March The court further finds to claim Martin Erickson the that entitled note Central Bridge Construction for $5,000 dated March 26, 1930, and that receiver pay finds that Ellen The court Erickson inin the $2,000 Central Bridge terest The claim of Clara Erickson wholly denied. The court finds that Nell D. entitled claim for deposit trust fund, but to general claim $12,500. of the Weston Bank The claim adjudicated and paid Central Bridge Conthe having done and is not part of the decree. general order is made the The payment Bank withdrew its petiWeston All parties waive appeal and the case is dismissed.

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PROCEEDINGS from 1.) following resolution was by Councilman Joe Hudec its adoption, made by Councilman Erickson. hereas, Elmer Risk, Broand John Thorston have heretofore, with others executed and signed as sureties Depository guaranteeing the deposits of of Wahoo in the Citizens State Bank Wahoo, Nebraska, Citizens State Bank being closAnd was taken over by the Deof Trade and Commerce of State of Nebraska, on the day of April, 1930, and on the 10th day of May, said bank placed in the hands of Receiver, said bank being said time now insolvent, and the amount of said Depository Bond bethe sum of $9000: and that said Elmer Risk, and John Thorston claim defense to their liability on said but the same have made an offer of settlement of their liability under said bond, whereby they agree to pay the City of Wahoo the sum of $4500. also agree to join and assist City in having its claim against Citizens State Bank and the 23 Receiver thereof allowed preferred claim whereby said City can on pro rata basis with other and they further that the City may file suit its or their names against other sureties on said bond for contribution otherwise, said suit or to be had the expense City, and, in case the City should elect to have said suite filin in the names of said Elmer Risk, Brodahl and John Thorthe City is to have the beneany and all proceeds collected And it appearing to Mayor and City Council that said offer the City will long and costly Litigation. that ultimate result of which doubtful and and that $4500 offered by the above sureties will be available City at once for City after cureful investigation and deliberation the Mayor City Council convinced that the of of said surities is and just, that under all the in the case of the said offer the best settlement that can be obtained, that might mately be able to Now Therefore, Be It Resolved the Mayor and Council of the City of That the offer of of Elmer Risk, Brodahl and John and the same hereby is, proved and accepted, and is Further Resolved that upon compliance with the terms of offer as hereinabove forth, set the said Elmer Brodahl John Thorston discharged and relieved from any and all further liability on account of said bend or on account of their suretythereon.

Uon roll call councilmen voted follows: Joe Hudec, yes; Dailey, yes; yes; Burmeister, yes; S. M. Hult, yes; Coufal, yes. Motion decarried and resolution adopt-

The Mayor appointed Jerry Dailey, Chief of Police and Yarman, marshal for the month of September at the usual salaries asked the confirmation the of It was moved Councilman by E. Erickson and seconded by CounP. Burmeister the pointments be confirmed. Upon roll call Councilmen voted follows: Erickson, Burmeister, M. Hult, Coufal, yes; Joe Hudec, yes; Dailey, yes. Motion declared carried.

It was moved by Councilman Burmeister and Councilman M. Hult, the City Attorney take the necessary steps to the delinquent Curbing, Guttering and Graveling District No. taxes.

Motion declared carried. Council on motion adjourned to meet again September 1931, at o'clock Approved September 11, 1931. H. PERSON. Mayor. DAISIE TARPENNING. City Clerk. Wahoo, Nebr., Sept. 1931. M. Council met in adjourned session and was called to order Presiby dent of the Council Dailey. Councilmen present answering to roll call were: Erickson, Joe Hudec, E. Dailey and Hult. The minutes of the meetings of July 15 and 24th and August 1931, were read and approved. Council motion adjourned to meet again September 11, 1931. Approved September 1931. PERSON, Mayor. DAISIE City Clerk.

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FORMER PRESIDENT OF CITIZENS BANK DIES AT LINCOLN

J. M. Ohslund Is Pneumonia Victim, Sunday Night; Burial Is In Kansas

FUNERAL WEDNESDAY

J. M. who for many years resident of Wahoo, died of double pneumonia in Lineoln hospital late Sunday night, following short illness that regarded critical only few hours before death, according to reports received here. Ohslund for several years was in charge of the commercial department of the local college later becoming interested in the Citizens State bank of which he was president for several years. This institution was closed nearly two years ago and the health of Mr. Ohslund had failed rapidly since that time due to grief over involved .ffairs of the bank. Funeral services were held from the Wadlow funeral home, Wednesday following which the body was taken to Ada. Kansas for burial. Rev. Edor Larson, pastor of the Bethlehem Lutheran church, of which Ohslund was member, had charge of the final rites. A quartette comprised of Roseline Pearson. Vera Flodman, Hilding Pearson and Carl Larson, sang. Oshlund was 64 years old and survived his widow two daughters. Mildred and Eunice and son, Hilding: two sisters, Mrs. Engwall of Miama, Florida, and Mrs. August Anderson of Grey Eagle, Minn., and two brothers, Dr. G. S. Ohslund of New Haven. Conn., E. V. Ohslund of Clarissa, and Minn.

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Citizens State Bank Dividends

The Wasp made a slight error last week in announcing the dividends from the Citizens State Bank receivership. The first dividend was for 25 percent early last spring. The coming dividend will be for 10 per cent. If the remaining assets could be cashed in there should be another 15 per cent by the time of the final wind-up.

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Friday Judge H. D. Landis issued a signed decree in the case of the Citizens Bank Receiver vs Oliver Hanson, et al, awarding the Sleepy Hollow tourists cabins to the D. R. Phelps Lumber Co. The testimony showed these cabins were built on skids, suitable for moving. They were set on the property of Oliver Hanson which the Citizens Bank held a mortgage. When litigation began against Hanson, the buildings were moved off the property to vacant lots. They were located at the northeast corner entering Wahoo.

After the death of Mr. Fan in 1922 Mrs. Fanning took up residence with her daughter. had enjoyed good health until December 3, when she suffered fractured hip.

Surviving are two daughters, Hauser of Omaha, and Mrs. C McDermott of Colon, and grandchildren, Mary Becky, and Eleanor Hauser.

Funeral services were held T day morning at 9 o'clock in Peter's Catholic Church in Om with burial in the Holy Ro

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NEW CASES

28438 State ex rel C A Sorensen atty gen V Citizens St Bk Wahoo Martin Erickson interv-applee E H Luikart recvr Citizens St Bk Wahoo applee Saunders Co Nat Farm Loan Assa appint clm, Sanden, Anderson, Gradwohl-Saunders 28449 Edw S Toxword applee V Carl G Fredstrom et al defs impleaded with Jos N Fredstrom et al applnts confirmation, Courtright, Sidner, Lee & Gunderson, W M Hopewell-Gaines, McGilton, McLaughlin & GainesBurt 28450 Chas R Lyons applee V Arthur Joseph appint damages pers inj, J W McGan, Wm E Lovely-Crofoot, Fraser, Connolly & Stryker-Douglas 28451 Katherine Feuerstein applee V Ed Walker Const Co et al applnts same, W B Comstock, Jno H Comstick Rosewater, Mecham, Brton, Hasselquist & Chew-Lincoln 28452 Peter O'Shea & Son applnt V Alvina Leavitt et al applees attachmt, J M FitzGerald-Beach, Coleman, Mothersead & York-Scotts Bluff 28453 Grand Is Fin Co applnt V Dennis C Fowler applee note, Beeler, Crosby & Baskins, Francis P Mathews-Wm E Shuman, Geo N GibbsLincoln B of Ex mo & stip in re brfs 28454 Same applnt V Raymond G Ridgeway applee note same-same, Lincoln mo & stip in re brfs stip for consolid 28455 Same V Sidney B Besark applee note same-same, Lincoln mo & stip in re brfs stip for consolid 28456 In re applic Clarence G Bliss for ord allowing atty fee State ex rel CA Sorensen atty gen V Hinds St Bk Odell, Neb applnt Clarence G Bliss applee atty fee, F C Radke, Barlow Nye—C M Skiles, Jno A Skiles, I D Beynon-Gage 28457 In re applic Clarence G Bliss for ord allow atty fees State ex rel C A Sorensen atty gen V Farmers St Bk Adams applnt Clarence G Bliss applee atty fees, F C Radke, Barlow Nye-C M Skiles, Jno A Skiles, I D Beynon-Gage 28458 Same V F & M Bk Wymore applnt same same 28459 Same V Endicott St Bk appint same same-Jefferson 24860 Helen Tracy applee V Chas A Reed & W applnts U S Trust Co et al applees confirmation, A W JeffrisPatrick & Smith-Douglas mo appints to ext brf day 28461 Eliz Friesen applnt V Peter Reimer applee damages pers inj, Jno C Hartigan-Denney & DenneyJefferson 28463 Belle Dotson applee V Tuchman Realty Co applnt damages pers inj, Bryce Crawford Jr-Crofoot, Fraser, Collolly & Stryker, Lee & Bemers, Shotwell, Monsky, Grodinsky & Vance-Douglas 28462 Robt Miller applee V Cent Coal & Coke Co of Omaha appint compensation, Bartos, Bartos &

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JUDGMENT GIVEN LUTHER COLLEGE IN $10,000 SUIT

Judge Hastings Finds That Surety Co. Is Liable For Emil Benson Bond

CASE TRIED IN JULY

Judge L. S. Hastings was in Wahoo on Wednesday and handed down a decision in a very important case which was tried in July before the court and taken under advisement. Briefs were prepared by the attorneys on both sides and submitted to the court.

The case had to do with the bank failures in Wahoo. Emil Benson was treasurer of Luther College and embezzled something around $19,811. This discovery was made when the Citizens State Bank was closed in the spring of 1930. Benson was an officer of the bank also.

Luther College sued Benson and the American Surety Co., who was his bondsmen, for the full amount of their bond of $10,000. The court's entry on the dockets is as follows:

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COUNTY SEAT NEWS

(Wahoo Wasp)

The Saunders County Farm Bureau, through their attorneys, Schiefelbein & Donato, filed an appeal in the district court last Monday in the question of the right to have Farm Bureau bolloted on at the election Tuesday. Judge Landis held a conference Tuesday with the interested parties and the question will go on the ballot. Nellie Barry, as administratrix of the estate of Margaret Barry, has filed suit against Anton Krafka, Edna M. Krafka, Frank Podhaisky, George H. Cronkleton, receiver of the Saunders County National Bank, and E. H. Luikhart, receiver of the Nebraska State Savings Bank for two notes and mortgages for $3000 each. Chas. H. Slama, attorney. E. S. Schiefelbein has filed petition against Leo May et al on taxes on lot 2, block 2, Memphis. Fremont National Bank has filed suit against John Henkens on note of $1200. Inez Pollard Mannbeck has filed a suit against Thomas O. Pollard for an accounting of rents and profits from her farm since October 4, 1924. Petition charges that her grandfather gave her the W 1-2 of SE 1-4 Section 7, 12, 9 on the above date when she was a minor. The defendant, her father, took charge of her property without taking out lei ters of guardianship and has made no accounting. Chas. E. Shotwell and Frank E Childs have filed suit in equity against Clara Ruzicka, minor, above the age of 14 years, et al on Section 16,1 and 21, all in township 16, 9, J. H. Barry, attorney. Decrees Entered. W. H. Sutton vs Herman Bostrom. Decree entered. First and third cause dismissed. Plaintiff's second cause allowed, and cross petition Mary Jane Doom is allowed as second lien and fourth lien allowed plaintiff on SE 1-4 33, 16, 8. Faustin Bor VS Eleanor plaintiff has first lien of $2,134.16, Dwight State Bank receiver has second lien of $2,345, and First National Bank as administrator of Ellen Taylor estate $1391 as third lien. Judgment Given Luther College Judge L. S. Hastings was in Wahoo on Wednesday and handed down a decision in a very important case which was tried in July before the court and taken under advisement. Briefs were prepared by attorneys on both sides and submitted to the court. The case had to do with the bank failures in Wahoo. Emil Benson was treasurer of Luther College and embezzled something around $19,811. This discovery was made when the Citizens State Bank was closed in the spring of 1930. Benson was an officer of the bank also. Luther College sued Benson and American Surety Co., who was his bondsmen, for the full amount of their bond of $10000 The court's entry on the dockets is as follows: Finding generally for plaintiff, and that the plaintiff is entitled to recover from the defendants the sum of $10,000 with 7 per cent interest thereon from Sept. 7, 1930, and an attorney fee for plaintiff's attorney of $700 and costs of suit. Judgment was rendered against both defendants for $10,000 and interest, but the attorney fees are against the American Surety Co., only.

Hendricks and Kokjer were attorneys for Luther College. District Court Notes Saunders County Farm Bureau. through their attorneys Schiefelbein and Donato, filed an appeal in the District Court last Monday in the question of the right to have theFarmAgent balloted on at the election next Tuesday. Judge Landis held a conference with the interested parties and the question will go on the ballot. Nellie Barry, as administratrix of the estate of Margaret Barry, deceased, has filed suit against Anton Krafka, Edna M. Krafka, Frank Podhaisky, George C. Cronkelton as receiver of the Saunders County National Bank and E. H. Luikart, receiver of the Nebraska State Savings Bank for two notes and mortgages for $3000 cach. Chas. H. Slama, atty. E. S. Schiefelbein has filed petition against Leo May, et al on taxes on Lot 2, Block 2, Memphis. Fremont National Bank has filed suit against John Henkcns on note of $1200. Inez Pollard Mannbeck has filed suit against Thomas O. Pollard, for an accounting of rents and profits of her farm, since October 4, 1924. Petition harges that her grandfather gave her W1-2 SE1-4, See 7, 12, 9, on above date while she was a minor. The defendant, her father took charge of her property without taking out letters of guardianship and has made no accounting. Chas. E. Shotwell and Frank E. Childs have filed suit in eqmy against Clara Ruzicka, minor, above theage of 14 yrs et al, on Sec. 16, 17, and 21, all in township 16 ,9 J. H. Barry, atty.

(Courtright, Sidner, Lee & Gunderson, Attorneys)

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Myrtle B. Berggren in a petition asks the court for an injunction restraining the Sheriff and the Merchants National Bank from attaching any of 200 acres of land 2 1/2 miles west of Mead on highway 16, or any crops accruing therefrom. The alleged judgment was for $632.50 and was granted to the bank in Shawnee county, Kansas, and transcripted to this county. Joe F. Berggren, attorney.

The court decreed that Carl Wiedenbeck has a first lien on one 40 acre tract and Della Simpson a first lien on a second 40 acre tract belonging to Ernest P. Gibson, 1 1/2 miles west of Mead on highway 16. Said land to be foreclosed unless payment is made.

The court authorized the receiver of the various banks named below to accept the amount set opposite the names of the following named persons as full settlement of their individual debts to said banks: Bernt E. Johnson, $263.57, Farmers & Merchants Bank of Weston; Bernt E. Johnson, $351.43, Citizens State Bank of Wahoo; Elmer and Emil Bern, $1,000, Citizens State Bank of Wahoo; Axel Bostrom, $75, Malmo State Bank of Malmo.

The receiver of the Citizens State Bank was authorized to deed 80 acres of land one mile south and 7 1/2 miles west of Malmo to The Lincoln Joint Stock Land Bank for $200. Said bank having a first mortgage on the land in the amount of $5,911.51.

The receiver of the Weston Bank was authorized to accept from Max Dolezal, $18 in cash as full payment on two gas pumps now in receiver's possession.

The receiver of the Malmo State Bank was authorized to accept $110 from the Wahoo State Bank in full payment for the following equipment belonging to the defunct Malmo Bank: 1 nest of 50 safety deposit boxes, $50, and 1 Burroughs electric posting machine number, $60.

The receiver of the Citizens State Bank was authorized to accept $3500 from Emma and Annette Bostrom as full settlement of their indebtedness.

Selma M. Anderson and Amanda Turnwall were decreed to be the owners of a $2500 mortgage on 40 acres of land belonging to Joseph and Cecelia Pecka located 3 miles east of Valparaiso. The Citizens State Bank upon paying all costs in said action is to be released from all liability on account of trust claims of parties to this action.

The court ordered the receiver of the State Bank of Touhy to accept a claim of $10,000 from the receiver of the Saunders County National Bank. Said claim based upon misapplications and to have same consideration as other claims.

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Order issued for quiet title action on SE1/4NE1/4 Sec. 15, 14, 6. State Bank receiver vs State et al.

Order issued for administrator of Katie Kraft estate to sell N1/2 of E1/2 Lot 9, and North 74 feet and 4 inches of lots 10, 11, and 12, in Block 165, and also south 52 feet, 2 inches of Lots 10, 11, and 12, Block 165. Said sale to be held on August 15th at 10 a. m.

State of Nebraska vs Andrew Monia. Journal entry. Upon plea of guilty, sentence suspended for 2 years and defendant placed in charge of Sheriff Mengel. He shall refrain from violating any criminal laws; he shall refrain from using intoxicating liquors, visiting places of ill repute or associating with persons of questionable character; he shall report to sheriff every 30 days; he shall not leave the state; if any violations are made he shall be brought into court.

State of Nebraska vs Wm. Overturf, jr. Pled guilty. Paroled to sheriff same as above.

State of Nebraska vs Earl Peterson. Pled guilty. Paroled to sheriff same as above.

State of Nebraska vs Roy Peterson. Pled guilty. Paroled to sheriff same as above.

Petition of Intervention of James S. Matejicek in State vs Nebraska State Savings Bank, dismissed and claim disallowed.

Petition of Intervention of Karl Burmeister, City Treasurer, John Thorston, A. J. Brodahl and Elmer Risk in State vs Citizens State Bank on $9172.65 allowed as a general claim against bank as city was "otherwise secured" by bond. Bondsmen paid $4500 on claim. This means that claim to follow payment of depositors in full.

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Helena TePoel vs. John L. Murphy and Mary E. Murphy, Farmers & Merchants Bank of Cedar Bluffs, and G. A. Pestal, trustee, is the title of an action in which the plaintiff brings suit to recover the sum of $6,000 and to foreclose a mortgage on the south half of the southeast quarter of section 19, township 16, range 7, executed Febr. 15, 1930.

The Wahoo Mutual Loan and Building Association has brought suit against Wm. J. Spath, Grace and May Spath, Clarence and Mertie Linch, Katie C. Spath, widow of Bernhard Spath, deceased, and the National Refining Co., the object and prayer of which is to foreclose a mortgage on lots 11 and 12 in block 3, village of Valparaiso. The amount due is $3,930.00. Geo. F. Frush is suggested as receiver. Hendricks and Kokjer, attorneys

Emma Peacock, Charles T. Peacock, Ruth M. Ostrander, Carrie Williams, Gottlieb Williams, Julia L. Johnson, Rebecca and William Bromm to quiet the title to the Northwest quarter of section 8, township 15, range 4, in plaintiffs who are heirs of Mary Johnson, deceased.

Floyd E. Rosenback, the man arrested for breaking and entering the filling station of Eddie Jessen at Cedar Bluffs, on or about June 4, and stealing a quantity of oil and other articles, was arraigned in district court Monday before Judge Landis. He pled not guilty and upon filing the customary poverty affidavit the court appointed William Gleeson to defend him.

Upon the information of Clyde R. Worrall, County Attorney, Cortis Earl Wood was arraigned in district court Monday and pled not guilty to the crime of killing his father, Corliss Earl Wood on July 18. He was bound over to the next term of the district court in the sum of $25,000, which in all probability will keep Wood in jail until called before the court for trial. He is represented by Attorney C. S. Wortman

In the matter of the State of Nebraska exrel, C. A. Sorenson, Attorney General vs Citizens State Bank of Wahoo. The court authorizes the First National Bank of Lincoln to accept the sum of $2,500 in lien of indebtedness to said Citizens State Bank in the sum of $7,700. In another order by Judge Landis, the receiver of the Citizens State Bank is authorized to accept $50 in cash for two certificates of the Farmers Co-Operative Co., Wahoo, of the par value of $100 each.

In the matter of the receivership of the Nebraska State Savings Bank the receiver is authorized to accept $2,450 from Emil A. and George Jelinek in settlement of a mortgage for $3,000 and a release of the mortgage is ordered.

In the matter of the Weston Bank the court orders the receiver to accept the sum of $300 and release a decree of foreclosure against John C. and Bessie Tomiak in the amount of $3,605.05.

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DIST COURT ORDERS In the matter of the estate of Edward Helsing, deceased. Motion for new trial overruled.

Order issued authorizing Sale of real estate in Citizens State Bank receivership. Receiver authorized to sell E½ lot 8, and all lot 9, block 76, Wahoo, to Oscar Hanson for $175..

Kliment vs John O. Gibson and Kavan vs John O. Gibson. Moratorium granted and all proceedings of sale stayed until March 1935. Rental fixed at 2-5 of all crops and $3.00 per acre for pasture land.

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DIST COURT ORDERS In the matter of the estate of Edward Helsing, deceased. Motion for new trial overruled.

Order issued authorizing Sale of real estate in Citizens State Bank receivership. Receiver authorized to sell E½ lot 8, and all lot 9, block 76, Wahoo, to Oscar Hanson for $175..

Kliment vs John O. Gibson and Kavan vs John O. Gibson. Moratorium granted and all proceedings of sale stayed until March 1935. Rental fixed at 2-5 of all crops and $3.00 per acre for pasture land.

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vided one-half interest in lots 7, 8 and 9, block 147, all in county addition to Wahoo. The petition also asks that a bill of sale to the machinery and equipment in the Modern Dairy plant given by Campbell to said Investment Co., be also set aside, it being charged that all conveyances were made to cheat, hinder and delay in the collection of a judgment of $5,071.61 in favor of the Saunders County National Bank, so that he may levy on said property in behalf of the bank, the transfers mentioned being without consideration and void.

The court has approved the sales of real estate made by Carl Bartak, guardian of Elmo, James and Genevieve Morris to the purchaser, Lulu I. Gamble.

On application the bond of the receiver of the Citizens State Bank, Wahoo, has been reduced from $10,000 to $5,000. The court says that a substantial liquidation has been made and from now on it will be slow with no large accumulations of cash.

County Court Florence Birdsall and Naomi Decker, daughter and step-daughter have filed an application to have W. E. C. Becker appointed administrator of the estate of Andrew J. Andersen, who died in Ashland, July 11, 1934. There are no other heirs.

Alfred O. Pearson is in court asking that Ernest Hanson be appointed administrator of the estate of Olof Pearson who died in the city of Lincoln, July 19, leaving property in this county estimated at $20,500. The heirs are: Mrs. Anna Johnson, daughter, Hastings, Minn.; Alfred O. Pearson, son, Ithaca; Sigrid Johnson, daughter, Kingsdale, Minn.; Hilda Martinson, daughter, Bristow, Nebr.; Oscar O. Pearson, son, Wahoo; Samuel Pearson, son, Ceresco; Esther McKibbin, daughter, Lincoln; Edith Lane, daughter, Nehawka, Nebraska.

Walter J. Clouse, son, has filed a petition asking that he be appointed administrator of the estate of Jane Clouse, who died in Lincoln, March 1, 1934, possessed of $1,200 worth of personal estate. The other heirs are: Cora May Willis, daughter, Ashland; Grace Riggs, daughter, Nampa, Idaho; Nellie Campbell, daughter, Lincoln; Ethel Hendrix, daughter, Ashland; Luella Jane Ledbetter, Martel and William Earl Pearson, Shenandoah, Ia., grandchildren.

In the matter of the estate of Harold R. Young, Gertrude Young, mother and special administrator of the estate, has been authorized to accept $515.00 from the Chicago, Burlington & Quincy railroad in full settlement of damages for the death of Harold R. Young, who came to his death June 25, 1934, the result of injuries received when struck by train No. 7 while crossing over a railroad bridge about 3-4 of a mile east of Ashland.