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667
<br />said deoeased,duly perfected an appeal from said judgment or order of the court admitting
<br />the will to probate,to the District Court of Hall County,Nebraska,which appeal was dis-
<br />missed in consideration of a comprornise,a copy of which has been filed with this Court,
<br />wherein Sam H.nader and teary E.Royse are the parties of the first part and Andrew Chapter
<br />No.41 of the Eastern Star of the State of Nebraska,of Hall County,Nebra.sks,is party of the
<br />second part.
<br />The court further finds that under and by virtue of said last Will and Testament all of
<br />the property of the deceased,both real and personal,passed to Andrew Chapter No.41 of the
<br />Eastern Star Order in Grand Isla.nd,Nebraska,except the sum of'"'one dollar each to Samuel H.
<br />Rader and Mary E.Royse. That under and by virtue of a compromise and stipulation of sett-
<br />lement by and between Sam H.Rader and a.ry E.Royse,parties of the first part and Andrew
<br />Chapter No.41 of the Eastem Star of the State of Nebra.sk4,pa rty of the second part ,the
<br />estate of said Alice Rader,deceased,wa.s to be divided on a basis of an undivided one —third
<br />interest to each party. That said compromise is in words and figures as follows;
<br />This agreement made and entered into by and between iAa,ry E.Royse of Los Angeles,California
<br />and Sam H.hader of Grand Island,iNebraska,parties of the first part and Andrew Chapter No.41
<br />of the Eastern Star of the State of Nebraska,of Hall County,Nebraska,party of the second
<br />part,eaeh for himself,separately and individually,WITTTESSETH;
<br />WHEREAS,the above named parties of the first part,Sam H.Rader and Flory E.Royse are
<br />brother and sister and are the direct heirs of one Alice Rader,late of Hall County,Nebraska,
<br />now deceased,and
<br />WHEREAS,the said Alice Rader did,on or about and under date of January 7th,1926,make and
<br />execute a certain instrument purporting to be her Last Will and Testament,whieh said Last
<br />Will and Testament has been offered for probate in the County Court of Hall County,Nebraska.,
<br />and
<br />WHEREAS,the above named parties of the first part in said Court ,filed objections to the
<br />probate of said Last Will and Testament,and whereas,a hearing on said objections was had in
<br />sail Court and said Will was admitted to orobate,and thereafter the parties of the first
<br />part hereto duly,,perfected an appeal from said judgment of the Court to the District Court
<br />of Hall County,Nebraska,and said action is now pending in said Court,and
<br />WHEREAS,said Alice Rader,now deceased,did,in said will,make certain provisions for the
<br />said parties of the first part whereby said parties of the first part should each receive
<br />j the sum of �p1.00 and all of the rest and residue of her property was bequeathed and given
<br />I to the Andrew Chapter No.41 of the Eastern Star the
<br />i p , party of the second part hereto ,and
<br />i
<br />THEREAS,it is the desire of all of the parties hereto to settle said estate in an amicable
<br />manner and without further legal proceedings or contest in any court and of allowing said
<br />La.st Will and Testament to be probated without contest on their part,for and in consideration
<br />of the promises and agreements hereinafter named by and between the parties hereto,each in-
<br />dividually and for himself,said parties of the first part hereby agree to withdraw their
<br />objections to the probate of said Will and to have dismissed their appeal to the District
<br />Court of Hall County,Nebraska,n6w there pending and to take no further proceedings for the
<br />contest of said will.
<br />It is agreed by and between the said parties that said appeal shall be dismissed and that
<br />the Executor shall proceed to administer the estate of said Alice Rader,deceased;that said
<br />Executor shall pay al 1 funeral expenses,debts and expenses,of administration as allowed by
<br />the Court and that after the payment thereof,all of the rest,residue and remainder of said
<br />estate shall be divided in three equal parts and the second party hereby agrees to pay and
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