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I"E -A UGUSTIUECO. 8477-5-33-
<br />together with his petition for the approval and allowance of said account, settlement of said Es
<br />and his discharge herein, and the County having examined the records and files herein, heard the
<br />evidence adduced at said hearing and being fully advised in the premises, finds as follows;
<br />That on the 9th day of October, 1934, W.H.Thompson filed herein his petition for the probate of
<br />instruments alleged to be the last will and testament and Codicils of Isaac A.McCarty, deceased,•
<br />heretofore admitted to probate in the Superior Court of Los Angeles County, State of California;
<br />that upon the filing of said petition, together with the authenticated copies of the said will anc
<br />codicils thereto of said decedent and duly verified by the Clerk of Los Angeles County, State of
<br />California, and ex- officio Clerk of said Superior Court, an order was entered herein fixing the
<br />6th day of November, 1934, at 10 o'clock A.M., as the time for hearing said petition, and notice
<br />thereof was given to all interested parties as provided by law, and thereafter, on said day, said
<br />ms.tter came on for hearing, and an order was entered herein admitting said instruments to probate
<br />in this Court as the last will and testament and codicils thereto of Isaac A.McCarty, deceased,
<br />and Letters of Administration, with will annexed, granted to W.H.Thompson;
<br />That notice of the time and place of filing claims against said Estate has been given to all per-
<br />sons as provided by law, and the time having fully expired, all persons having claims against Bait
<br />time fixed b the Court should be forever barred and excluded from
<br />� Estate, not filed within the e Y �
<br />I
<br />setting up or asserting any such claims against said Estate:
<br />to
<br />That said deceased departed this life on the 23rd day of March, 1934, in the County of Los Angele,
<br />State of California, and that he died testate, - leaving a last will and testament and codicils
<br />thereto, which were duly and legally admitted to probate in the Superior Court of Los Angeles
<br />County, State of California, on the 23rd day of April, 1934, and admitted to probate in this Cour�
<br />on the 6th day of November, 1934;
<br />That said deceased died the owner of real estate situated in the County of Hall and State of Ne-
<br />braska, described as
<br />"Lots one (1), four (4), Five (5)v six (6), seven (7) eight (S) and nine (9), and the south half
<br />of the southwest quarter (S� SW t) and the south half of the southeast quarter (S SEJ), all in
<br />section 26; and lots nine (9), ten (10), eleven (11), and twelve (12), also the southeast quarter
<br />of the southeast quarter (SEJSE.I,), all in section 27; and lots three (3), four (4), five (5), and
<br />six (6), also the south half of the Northeast quarter (SJNEJ) and the south half of the northwest
<br />quarter (S *NWt)' all in section 34; and lots one (1), two (2), three (3), and four (4), also the
<br />northwest quarter (NW}), the north half of the northeast quarter (NJNE ), and the southwest quarte
<br />of the northeast quarter (SWJNE*), all in section 3,5; all of said lands described above being in
<br />Township ten (10) North, Range ten (10) West, of the 6th P.M., containing 1430 acres"
<br />which by the terms and provisions of said last will and codicils thereto was devised to Ona B.
<br />McCarty, widow of said deceased, for and during her natural lifetime, with the remained over to
<br />the United Christian Missionary Society, a corporation, whose principal office is located at
<br />Indianapolis, Indiana, for the purpose of establishing an orphans' or old people's home;
<br />That on the 15th day of February, 19361 said United Christian Missionary Society, a corporation,
<br />by its president, Stephen J.Corey, filed in this Court its written refusal and rejection of the
<br />devise of said real estate, and renunciation of its right to act as trustee to administer the
<br />trust pertaining to said real property created by the will of said decedent, assigning as a reas
<br />for such renunciation its inability to carry out the purposes of the gift. That it appears to the
<br />Court, and the Court hereby finds and decides, that the trust created by said will with reference
<br />to said real property was confided by the testator to said trustee because of his confidence in
<br />said corporation and its ability and facilities with respect to the administration of a trust of
<br />such character; and that it is not such a trust as can be administered by any other trustee in su
<br />manner as to carry out the intention and designs of said testator, or give effect thereto; and fox
<br />such reasons, and upon such grounds, the court does hereby declare and adjudge that said trust is
<br />inoperative and null and void; and that said real property is not affected thereby, but is wholly
<br />and absolutely freed and released from the provisions creating or purporting to create such trust
<br />contained in said will. That by reason of the premises the remainder interest in and to said real
<br />
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