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<br />THE AUGUSTINE CO. 13600.12.86
<br />will and testament of the real and personal estate of said John Schaupdach, deceased, and the same
<br />was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the County Court this 3rd day
<br />of September, 1936.
<br />In the Matter of the Estate
<br />of
<br />John Schaupdach, deceased
<br />(SEAL)
<br />Paul N.Kirk
<br />County Judge
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA.
<br />FINAL DECREE.
<br />Now on this 2nd day of February 1935, this cause came on to be heard on the final account and
<br />petition for discharge of Bertha Schaupdach and The First National Bank of Grand Island,Executrix
<br />and Executor, respectively, of the estate of John Schaupdach, deceased, and the assignment of the
<br />real estate of said estate and an order of distribution of the personal property in said estate.
<br />And this cause coming on further to be heard on the evidence submitted to the Court, upon consider-
<br />ation whereof the Court finds that due and legal notice of the time and place of hearing on said
<br />final report and petition for distribution has been given to all persons interested in said estate
<br />as provided by law. Thereupon the Court, being duly advised in the premises, finds as follows:
<br />1. That the said final account of the said Bertha Schaupdach and The First National Bank of Grand
<br />Island, Executrix and Executor, respectively, of the estate of said John Schaupdach, deceased, is
<br />In all respects just, true, and correct; that due notice to creditors has been given; that all
<br />claims allowed against said estate have been fully paid and satisfied and that said estate is now
<br />solvent; that the estate is not subject to Federal Estate.nor State Inheritance taxes.
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<br />2. That according to the terms of the last will and testament of said deceased the following pro-
<br />vision was made:
<br />"All of my real estate of which I am possessed shall be appraised by the joint executors and a non -
<br />interested party selebted-by the executors, and the appraisement shall then be divided into seven
<br />parts, and my five sons shall receive for their share land to equal their share according to the
<br />appraisement less the indebtedness, and shall pay to my two daughters in cash in 5 yearly payments
<br />their pro rate share of ray estate."
<br />That on the 5th day of March, 1937, within one year of the date of death of deceased, the widow,
<br />Bertha Schaupdach, filed a written declaration, intention and election to take by inheritance,
<br />descent and distribution as provided by law.
<br />The Court finds that notwithstanding the widow's refusal to accept the proVIsions of the will and
<br />her determination to take by inheritance, descent and distribution, as provided bylaw, the provi-
<br />sions of said will with reference to two - thirds of the real estate in said estate are still opera-
<br />tive and operate on said two - thirds interest of the real estate in said estate.
<br />3. That as provided by the terms of said last will and testament the Executrix and Executor chose
<br />a third non- interested party, namely: Hans Gulzow of Hall County, Nebraska, who with said Executrix
<br />and Executor appraised the real estate in said estate at the sum of $23,457.10.
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<br />That there was one certain claim filed against said estate by Alfred Schaupdach in the sum of
<br />$1000.00. That said claim was on account of a note signed by Bertha Schaupdach as well as by the
<br />deceased. That in truth and in fact said note was a claim against the deceased alone. That there
<br />were not sufficient assets from which to pay said note and therefore the same became and is a
<br />charge against the real estate in said estate. That in determining the amount to be paid to the
<br />daughters of deceased, namely:Laura Matthiesen and Clara Huston, as provided in the will, it was
<br />necessary to deduct from the appraised value of said real estate, to -wit: $232457.10, the sum of
<br />$1000.00 on account of said note, in which sum said claim was allowed, to determine the amount
<br />that should be paid to each of said daughters of deceased, to -wit: Laura Matthiesen and Clara Huston.
<br />That by such method it has been determined that there was due to each of said daughters, to -wit:
<br />Laura Matthiesen and Clara Huston, the sum of $2135.77, which amounts have been paid to them, and
<br />for which payments receipts are on file.
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