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I Li <br />L�� <br />jSeven (7.), Eight (9), Nine (9), and Ten (10), in Wade's Subdivision of a part of the northeast_! <br />quarter of the southeast quarter of Section Eight (9), in Township Eleven (11) North, Range Nine <br />West of the 6th P.M. <br />The Court further finds that by the terms and provisions of the last will and testament of the':" <br />said Clara E.Smout,deceased, the southwest quarter of Section 32, in Township 10, North, Range`_ <br />11 West of the 6th P.M., in Hall County, Nebraska, together with the income from the same,pass4d <br />to Ralph R.Horth, as Trustee, in trust, and to his successor in trust, for the use and benefit <br />iof Harry C.Wade and Walter Ray Fade, cousins of said deceased, and that the same is still held" <br />by the said Ralph R.Horth as such Trustee, for the reason ths.t, owing to the great financial <br />;'depression, said Trustee has been unable to sell said real estate. <br />The Court further finds that said Executor sold Lots 2,3,and 4, (being the southwest quarter of <br />!the northwest quarter) and the west half of the southwest quarter, in Section 6, in Township 91 <br />North, Range 11 West, in Hall County, Nebraska, to Charles W.Kunz, for the sum of $9480.00, and. <br />;;that said Executor has duly accounted for the proceeds from said sale. <br />The Court further finds that, owing to the great financial depression, said Executor was unable <br />to sell the southwest quarter of the southwest quarter of Section 31, in Township 10 North, <br />!Range 11 West, and Lot 1 (being the northwest quarter of the northwest quarter), and the northeast <br />,'quarter of Section 6, in Township 9 North, Range 11 West of the 6th P.M., containing 240 acres <br />i.a little more or less, or to sell the easterly 13 feet of Lot 9 and all of Lot 10, in Block 6,i <br />!in Charles Wasmer's Addition to the city of Grand Island., or to sell said Lots 1, 21 the northgr- <br />!`ly 51 feet of Lot 3, and all of Lots 6, 7, g, 9, and 10, in Wade's Subdivision of a part of the <br />!northeast quarter of the southeast quarter of Section 8', in Township 11, North, Range 9 West of <br />i <br />,!the 6th P.M., within the time limited by the terms of the last will and testament of the said <br />!;Clara E.Smout, deceased, and Sunnyside, Incorporated, residuary legatee and devisee under the <br />I!last will and testament of said Clara E.Smout, deceased, being the only one who had a beneficial <br />Onterest in said real estate, and it being the beneficial owner thereof, said Executor duly <br />P <br />!conveyed the same to Sunnysidel Incorporated, by good and sufficient executors deed, which Ii <br />conveyance was made within four years from the date of the death of the said Clara E.Smout, an <br />!by virtue of said deed, Sunnyside, Incorporated, became vested with the fee simple title to tho <br />real estate in this paragraph described. <br />I <br />IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the final report of the said <br />Ralph R.Horth, as Executor of the last will and testament of the said Clara E.Smout, deceased, <br />be, and the same hereby is, in all things, approved and allowed as and for the final report of <br />said Executor, and said estate is hereby settled and closed and said Executor is hereby dis- <br />charged. <br />The Court further finds that the estate of the said Clara E.Smout, deceased, is not subject to <br />a Federal estate tax under the laws of the United States. <br />IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that under the terms and provisions of <br />the last will and testament, the real estate hereinbefore described passed and descended accor�- <br />ing to the findings hereinbefore made, and that the said Ralph R.Horth,Trustee, still holds this <br />title to the southwest quarter of Section 32, in Township 10, Forth, Range 11 Rest, in Hall <br />County, Nebraska, as such Trustee, for the use and benefit of Harry C.Wade and Walter Ray Wade,e <br />all in accordance with the terms and provisions of the last will and testament of said Clara' <br />Smout,deceased. <br />IT IS FURTHER ORDERED, ADJUDGED AYD DECREED BY THE COURT that all persons having claims against <br />the estate of said deceased, if any such there be, are forever barred, enjoined, and excluded;? <br />from setting up or asserting any such claims against said estate. Paul N.Kirk <br />