|
,4R2
<br />have been fully paid by said Executor, and that ull unfiled claims, if aro. exist, should be foarev
<br />barred and precluded..
<br />The Court further finds that the said Mary A.Button died .testate on June 22,1917, and at the
<br />time of her death she was a resident and inhabitant of Hall County.,_ Nebraska, and that shd; left
<br />a last will and testament which,has heretofore been duly filed, proven, allowed, and admitted to
<br />probdtt as by law provided, in this Court and matter; that she died seized in fee simple of the
<br />following described real estate disposed of by said will, to- wit The south half of the northeast
<br />quarter of Section 13, in Township 9, North, Range ll West, in Hall County. Nebraska, consisting
<br />of eighty acres of land, and that under the teams and provisions of h¢ r . said: last will and test-
<br />ament the above described real estate was by said testatrix devised and bequeathed unto Atwood
<br />G.Rutton, her surviving _husband, for and during his natural lifetime, or so long as he remained
<br />unmarried; that he is entitled during said term as provided in said will to the use, benefits,
<br />rents, and profits of said real estate, and is required to keep the improvements thereon in a
<br />reasonable state of repair and duly insured, for the protection of all parties interested thereir
<br />and to pay t1 taxes assessed against same during his said term and use thereof; that subject t
<br />said life estate, as above stated, or until said devisee should re- marry, the remainder in fee o
<br />said premises was devised and bequeathed in equal shares to the children of said deceased, to -wi
<br />Bessie Ellsworth. George $.Button, Eva Nulton,,Eugene Button, and Ruby Button; that junder'the
<br />provisions of Clause 5 of said will, any indebtedness owed to said deceased or her estate at the
<br />time of her death by any of said above named children should be treated as an *Avanoement to
<br />child or children and four - fifths thereof should become a lien upon the share of such debtor chil
<br />or children in said residue of said real estate,, in favor of the remainder of said children of sa
<br />deceased. payable after the termination of said life estate; that said George H.Button was indebt
<br />ed , to . said testatrix at the time of her death in the sum of $300. for borrowed money, for ich
<br />he had duly given his note dated May 4.1917, due in six months after date, without interest, and
<br />that said amount is still due and unpaid, and that four- fifths of same, to -wit; the sum of $2400
<br />with interest thereon at seven per cent..per annum from November 4,1917. is a lien upon the un-
<br />divided interest of said George H.Button as one of the remaindermen in and of the above described
<br />or
<br />real estate in favor of said Bessie Ellsworth, Eva Nulton,,Eugene Button, and Ruby Button, one"fdurth
<br />part to each of said last named children, and is so found to be a lien upon the interest of said
<br />George H- Button in said real estate as provided by said will.
<br />The Court further finds that said deceased died seized of the following described real estate,
<br />situate in Hall County, Nebraska, to- wit ::a tract or parcel of land of about one &ate in area, d
<br />cribed as follows ::Commencing at a point 10 rods south of the northeast corner of the northwest
<br />quarter of the northeast quarter of Section 12, in Township 9 North, Range 10 West of the 6th
<br />P.M., running thence north 40 feet; thence west 16 rods; thence north 40 feet; thence east 16 ro
<br />to the place of beginning, being a rectangular piece of land consisting of 10,,560 square feet of
<br />land in said northwest quarter of the northeast quarter of said Section 12, and being the premis
<br />conveyed by Edgar T.Kingston and wife by deed dated June 13,1913, and recorded in Book 46 at pag
<br />631 of the Records of Hall County, Nebraska; that same was the homestead of said deceased at the
<br />R..
<br />time of her death and that under the provisions of the will of said deceased, said last described
<br />premises was devised, and passed, to the said Atwood G- Button, and to his heirs and assigns fore�er,
<br />and that said real estate is so awarded under the provisions of said will.
<br />The Court further finds that said deceased left suriving her as her heirs at law, legatees,,
<br />and devisees, the following named persons: Atwood G- Button, her husband. Bessie Ellsworth (forme4-
<br />ly Button) her daughter, 30 years of age; George H.Button, her son., 22 years of age; Eva Nulton
<br />tlfotwerly Button,), her daughter, 20 years of age; Eugene Button, her son 18 years of age; and
<br />Ruby Button,, her daughter., 14 years of age, at the time of her death, to -wit;: June 22,1917..
<br />i
<br />1
<br />1
<br />
|