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<br />THE AUOUSTINE CO. 19600.12.86
<br />Binfield offered to convey said real estate to the residuary legatees in full settlement of said
<br />mortgage indebtedness and obligation; that the Executors made application for an order of this
<br />Court authorizing them to settle said obligation and release the said Robert Binfield from further
<br />obligation on said mortgage indebtedness and to release said mortgage upon execution and delivery
<br />to the residuary heirs and legatees of said estate, being the children of the deceased, and the
<br />beneficiaries of said mortgage of a good and sufficient deed conveying said real estate hereinabove
<br />set forth to said children, which authority was given by this Court upon hearing duly had of which
<br />said residuary heirs and legatees had notice and gave their consent to in writing as filed herein.
<br />The Court further finds that the said Ernest E.Binfield, deceased, left surviving him as his heirs -
<br />at -law and only heirs -at -law the following named persons, to -wit:
<br />Carrie Binfield, his widow, Robert A.Binfield, Jr., Sidney Binfield and Mayne R.Binfield,sons, and
<br />Alma Miller, Anna L.Binfield, Bess Nolan, Alice Riesland, and Grace Farnham, daughters, said sons
<br />and daughters being his only children and all being the issue of his marriage to the said Carrie
<br />Binfield.
<br />The Court further finds that the said Carrie Binfield, widow, was an incompetent at the time of the
<br />death of Ernest E.Binfield and has continued to be so since that time; that by reason thereof she
<br />has not been competent to make an election whether to accept the provisions made for and in her
<br />behalf in the Last Will and Testament of Ernest E.Binfield, Deceased, or to take under the statute;
<br />that upon petition made to this Court as the Court having jurisdiction in the matter, Guardians
<br />were duly appointed for the said Carrie Binfield, an incompetent, and application made by said
<br />guardians for an order of this Court determining whether it be in the best interests of said widow
<br />that they accept in her behalf the provisions made for her in said Last Will and Testament or elect
<br />to take under the Statute; that due notice thereof was given to all persons interested in said
<br />estate setting a time and place for a hearing on said application and that upon hearing duly had
<br />and upon the evidence submitted the Court found the provisions made for and in her behalf in said
<br />Will to be in the best interest of the said Carrie Binfield and that the guardians accept said
<br />provisions for and in her behalf.
<br />The Court further finds that under the terms and provisions of the Last Will and Testament of
<br />Ernest E.Binfield, Deceased, Sidney Binfield and Charles Miller were named Trustees and the fol-
<br />lowing described real estate, to -wit:
<br />The Southeast Quarter (SE; ) of Section Twenty -four (24), Township Nine ( 9 ), NorthtRa.nge Eleven
<br />(11) West of the 6th P.M., Hall County, Nebraska
<br />was devised and bequeathed to said Trustees to be held in trust by them during the,lifetime of
<br />his wife, the said Carrie Binfield, and for her benefit, said Trustees to have full charge and
<br />control of said premises during the existence of said trust and to collect all rents and profits
<br />therefrom, and to use all the net income derived from said premises, or so much thereof as may
<br />be necessary, for the care and maintenance of the said Carrie Binfield, so long as she shall live,
<br />and to accumulate any surplus income at compound interest, with power to pay the said income or
<br />any part thereof, to any person or persons having the care of the said Carrie Binfield, and with
<br />power also at all times to apply such accumulations as.1f they were income of the then current
<br />year if necessary, and after the death of the said Carrie Binfield, the aforesaid premises, and
<br />all accumulations then still held by the Trustees, if any, shall pass and descend to the residuary
<br />legatees, to -wit: Robert A.Binfield,Jr., Sidney Binfield and Mayne R.Binfield, sons and Alma Miller,
<br />Anna L.Binfield, Bess Nolan, Alice Riesland and Grace Farnham, daughters, in equal shares.
<br />The Court further finds that proper distribution has been made of all household goods, furniture
<br />and furnishings and of all personal ornaments and jewelry, and that all the rest, residue, and
<br />remainder of the estate, both real and personal, after payment of all just debts, funeral expenses
<br />and expenses of administration passed and descended to Robert A.Binfield,Jr., Sidney Binfield,
<br />Wayne R.Binfield, sons, and Alma Miller, Anna L.Binfield, Bess Nolan, Alice Riesland, and .Grace
<br />Farnham daughters share and share alike, to have and to hold the same to them and to their heirs
<br />and assigns orevef'.
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