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<br /> ; The Court further finds that said written contract Bas duly recorded in the office of the �l
<br /> �egister of Deeds in Hall County,Nebraska,on the 1�Fth da.y of Februa.ry,1924,in Book 0 of 'i
<br /> ' :�Siscellaneous Records at Page 3�9 and that at the time of the execution and delivery of
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<br /> ' said written contract said prernises was not the homestead of said Jens Rasmussen,who at said ;!
<br /> t ime was a �rido�rer.
<br /> The Court further finds that said Jens Rasmussen departed this life,testate,on the 12th
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<br /> day o f Februa.ry�,192�-,at hi s h�me in Grand I sland,Hal l Count y,Nebraska. ,and that,�the t ime ' _
<br /> of his death he was a resident of Hall County,Nebrasita,and that he left surviving him,as his '
<br />, heirs at law and his sole and only heirs at law,the follo�ving named persons;
<br /> George R. �a,smussen,a son,Anna E. �fhite,daughter,Mabel E. hasmussen,daughter,Roy '�. Ra.smussen,
<br /> son,Evelyn V. Oliver,daughter,�Iarie M. Blaine,Daughter,all of lawful age,and Loraine V. Ra.s_
<br /> mussen,a daughter,a minor of the age of sixteen years,
<br /> that RJlarie Ra.smussen is the �ife of George R. Rasmussen,and Floyd '!Phite is the husband of
<br /> Anna E. "lhite, that Thelma Rasmussen ie the �rife of Roy W. Rasmuasen,that Harold Oliver is the �:,
<br /> , husb�.nd of Evelyn V. Oliver ,and $'rank Blaine is the husband of �iarie �I. Blaine,and Mabel E. Ras=i
<br /> ' mussen and Loraine V. Ra.smussen are unmarried. �
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<br /> '� The Court further finds that on the 22nd day of ?�arch,1924,George R. Ra.s:nussen and Roy �I. �
<br /> �asmussen, defendants,were appointed by the Cou�r'�yCourt of Hall County,Neb- ;;
<br /> raska,executors of the estate of Jens Rasmussen,deceased,and they no�v.:are the duly appointed,;�
<br /> qualified and acting executors of the estate of Jens Ras:nussen,deceased.
<br /> The Court further finds that said written contract between plaintiffs and Jens Rasmussen, ';
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<br /> nor� deceased,is still in full force and effect and that the plaintiff is now and at all '
<br /> times has been ready and willing to perform all and singular the covenants and agreements i;
<br /> in said contract contained by him to be kept and performed. ��
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<br /> The Court further finds th�t said Jens Rasmussen never si�ned,executed or acknowledged a �! '
<br /> deed to• plaintiffs to said premises,in pursuance to the terms of said written contract and ,�
<br /> that said Jens Rasmussen died without hav�.�i� com�lied with the terms of said contract in
<br /> ; that respect and that plaintiff is entitled to a conveyance vesting in him the f ee simple
<br /> title to said premises and is entitled to a specific performance of said contraet. ;!
<br /> The Court further finds that therP is due from vlaintiff to the defendants the sum of
<br /> � �716. 32,after allowing cArtain credits endorsed upon said contract � th� form of payments
<br /> ; thereon and as therein provided,that the plaintiff is ready,v�illin� and able to pay thesaid ��
<br /> ' su�n of �716. 32,they having elected under the terms of said contract to pay the entixe balance;
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<br /> ' of the purchase price on the lst day of June,1924,in confor:�ity with the terms of said writte�i
<br /> ' c�ntract.
<br /> � The Court further finds that the estate of said Jens Rasmussen,deceased,is now in the pro_:;
<br /> cess of administr�tion in the County Court of Ha11 C�unty,Nebraska,and that the pay�ents
<br /> ' under said �rritten contract should be made to George R. Rasmussen and Ro� �. Ra.smussen,exeeutorj�
<br /> ; of thP estate of Jens Rasmussen ,deceased.
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<br /> The Court further finds that under the terms of said written contract the said George R. '±
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<br /> I �a.smussen and Roy �V. Ras�ussen,executors of said estate of Jens Rasmussen,deceased, should ;'
<br /> '' furnish plaintiffs with an abstract of title to said nremises ,showing a marketable title in !;
<br /> said Jens Rasmussen,deceased,and shetiaing said premises to be free and clear from all liens
<br /> ' a.nd encurn�rance. exeept taxes and assessments legally levied and imposed subsequent to the
<br /> year 191� ,�hich the plair.tiff assumed and agreed to pay.
<br /> v, EREFORE ,IT IS ORDERED,ADJUDGED AND DECREED BY TIJE COURT th�t the plaintiff be ar�d is
<br /> � hereby awa.rded �, specific perfcrr��ance of saic wri�;ten contra.et for the sale of the prenises I'
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