AZSG
<br />1
<br />177
<br />YEL UP DORM REDOND Mo. L
<br />Q1,6 )1- -KLOPP A RARTLETT GO., PRINTING, LITHOGRAPH I NG, STATION ERY; OMAWA _
<br />of Emma Seier, Adele Henne and Minnie Hartwig, daughters of said Testatoa,
<br />By Henry Schimmer the sum of #1894.74 and that the same is a lien upon Lots 1,2 and3 amd the
<br />Southeast Quarter of the South east Quarter Section 29, Township 11, Range 8, in Hamilton County
<br />Nebraska, in favor of Emma Seier, Adele Henne and Minnie Hartwig, daughters of said Testator.
<br />By Otto Schimmer the sum of $1263.16 and that the same is a lien upon the Southeast Quarter
<br />of the Northwest Quarter and the West Half of the N,:)rtheast Quarter of the Northwest Quarter,
<br />and the South Half of the West Half of the South west Qaarter and five acres along the east side
<br />of the North Half of the West Half of the Southwest Quarter in Section 35, Township 11 Range 9
<br />and the Southeast Quarter of the Southwest Quarter of Section 36,,-in said Township and-Range
<br />death of said Christine Schimmer. J.H.Mullin
<br />County Judge_."
<br />in Hall County, Nebraska, in favow of Emma Seier, Adele Henne and Minnie Hartwig, daughters of
<br />said Testator.
<br />By the said Berny Schimmer the sum of $1263.16 and that same is a lien upon the North Half
<br />of the Southeast Quarter of Section 34 and the North Half of the West Half of the Southwest
<br />Quarter ( except five acres therein given to Otto Schimmer ),of Section 35, all in Township 11:
<br />Range 9 and the South Half of Lots 2 and 3 in Section 1, Township 10 Range 9, in Hall County,
<br />Nebraska, in favoO of Emma Seier, Adele Henne and Minnie Hartwig, daughters of said Testator.
<br />The Court further finds that it was the intention of said Testator, by clause six
<br />of said will., to give to his said wife,Christine Schimmer, the use and income from said $6.000
<br />during her lifetime; that the fair and reasonable value og said use and income is seven per
<br />cent per annum, payable annually, from the above named sons of said Testator, to the said
<br />Christine Schimmer, as set _ forth and agreed in their said contract, and that as stated in said
<br />contract and the agreement of all of said parties interested a fair and reasonable construction
<br />of that part of the Sixth clause of said will herein before set forth and by said petiti s
<br />asked to be construed, is expressed and stated in their said contract dated February 24,1909,
<br />and duly ratified and affirmed by the said Berny Schimmer upon his reaching legal age, as set
<br />forth in said,petition.
<br />It is therefore by the Court, adjudged, decreed and considered that a fair and rea-
<br />sonable interpretation and construction of that part of said clause six of the will of said
<br />Testator is set forth and stated in said c4intract between the parties interested in saidAcon�_-
<br />tract and the findings heretofore made herein fairly and reasonable express the intention of
<br />said Testator and will give to said Executrix and the devisees and legatees under said will a
<br />direction for carrying into effect the said part of said clause six asked to be construed and
<br />enable said Executrix to comp &ete the administration of said estate.
<br />It is further ordered, adjudged and decreed that under the provision of said will
<br />herein construed the said August Schimmer, Henry Schimmer, Otto Schimmer and Berny Schimmer were
<br />required to pap to the said John Schimmer the sum of $3500 in the proportionate amounts herein.
<br />found to be due from each of them to him, and that upon the payment of said amounts the lien
<br />thereof in favor of the said John Schimmer upon the several tracts of land devised to the said
<br />August, Henry, Otto and 'Berny Schimmer would be released and satisfied, and that the remaining
<br />$6000.00 is a lien in the amounts hereinbefore found and stated upon the several tracts of land
<br />devised to the said August, Henry, Otto and Berny Schimmer in the Third, fourth, fiftk and sixth
<br />clauses of said will in the proportionate amounts hereinbefore found and get forth,said liens
<br />being in favor of the said Emma Seier, Adele Henne and Minnie Hartwig, daughters of said deceased
<br />and the use and income therefrom as hereinbefore found is due to the said Christine Schimmer,
<br />widow, of said Testator, during the term of her natural life, said income to be paid to her an-
<br />nually at the rate of Bevan per cent per annum on the several amounts as hereinbefore set forth
<br />Said principal sums to become -iue and payable to the persons herein named immediately after the
<br />death of said Christine Schimmer. J.H.Mullin
<br />County Judge_."
<br />
|