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<br />01 X4
<br />THE AUGUSTINE CO. 19600.12.36 -
<br />Now on this 23rd day of Marcia, A.D. 1938, this matter came on for hearing on the final account and
<br />petition for discharge of Benjamin R.McGrath, executor of the estate and last will and testament of
<br />Ella K.Tharp, deceased, and for distribution of the personal property of said estate, the assignment
<br />of the real property, and the evidence, and was submitted to the court on consideration whereof,
<br />and the court being fully advised in the premises finds as follows, to -wit:
<br />(1) That due and legal notice of the time and place of hearing on said final account and petition
<br />for discharge has been given to all persons interested in said estate as provided by law.
<br />(2) That the said final account of the said Benjamin R.MeGrgth, executor of the last will and testa-
<br />ment of Ella K.Tharp, deceased, is in all respects just true and correct; that all claims allowed
<br />against said estate have been duly paid and satisfied, and that said estate is solvent; that no
<br />federal or state inheritance or estate taxes are due or taxable against the estate or the legacy or
<br />distributive share of any heir, legatee or devisee of said decedent,
<br />(3) That all debts and funeral expenses of said deceased have been fully paid and satisfied.
<br />(4) That on final settlement of the estate there will be due this court the sum of $62.00 as costs;
<br />that the executor is entitled to receive and is hereby allowed the sum of $151.08 as his commission
<br />pursuant to statutes; that the sum of $100.00 be and is hereby allowed to Carroll & Willard.,Lawyers,
<br />as their fee in probating the will of the testatrix and conducting proceedings for the settlement
<br />of this estate; and that these amounts be -paid to the above mentioned parties in cash.
<br />(5) That at the time of the death of the decedent, she was the fee owner of real property described
<br />as follows, to -wit:
<br />Lot Four (4) in Block Thirteen (13) in H.G.Clark's Addition to the City of Grand Island,Hall County,
<br />Nebraska,
<br />The South Half (SJ) of Lot One (1) in Block Thirty Four (34) in the Original Town, now City of
<br />Grand Island,Hall County, Nebraska.
<br />Lot Fifteen (1) in Block Three (3) in the Original Village, now City of Flranklln,Franklin°;County,,
<br />Nebraska.
<br />and that under the last will and testament of the said decedent the said executor is directed to
<br />sell and dispose of said real estate in a reasonable time in order to get the highest price for it.
<br />That said executor, on the fifth day of February, 1938, did sell and convey all of said real estate
<br />for the consideration of $2,500.00 which amount is in the hands of the said executor and constituted
<br />a part of the personal property available for distribution.
<br />(6). That after all debts, claims and expenses have been paid there remains in the hands of the
<br />executor the sum of $5,042.57 in cash and a note of Hazel J.Potts in the amount of $257.50 and a
<br />note of Lou E.O'Brien in the amount of $122.50; that both of said notes are entitled to be set off
<br />against the legacies to which these parties are entitled under the will-of the decedent. That the
<br />proceeds from the sale of the real estate make up a part of the above stated cash balance.
<br />(7). That the deceased left no husband surviving her and that the legatees and devisees of said
<br />deceased are as follows, to wit:
<br />Hazel J.Potts, daughter, Weston Wyoming.
<br />Floyd A.Tharp, son, Gilette, Wyoming
<br />G.Fred Tharp, sort, Wallace, Idaho
<br />Lou E.O'Brien, daughter, Pierre, South Dakota.
<br />Byron A.Tharp, grandson, Verdigre,Nebraska.
<br />Buelah Gilett, grandaughter, Brewerton, New York
<br />Zoe Mewhirter, daughter,Tacoma, Washington
<br />Mrs. Zella Johnson, daughter, Pasadena, California
<br />(8) That under the terms of the last will and testament of the deceased, Ella K.Tharp, the sum of
<br />$25.00 is bequeathed to Mrs. Zella Johnson and the slum of $25.00 is bequeathed to Zoe Mewhirter.
<br />That under the terms of the last will and testament of the deceased, Ella K.Tharp, the balance of
<br />her estate, share-and share alike, is bequeathed to the following persons, to -wit:
<br />Hazel J.Potts, daughter, Weston, Wyoming
<br />Floyd A.Tharp, son, Gillette, Wyoming
<br />G.Fred Tharp, son, Wallace, Idaho
<br />Lou E.O'Brien, daughter, Pierre, South Dakota
<br />Arthur S.Tharp, Brewerton, New York
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