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438,
<br />'M OW)l I
<br />THE AUGUSTINE CO. 19800.12.98
<br />Now on this 25th day of November, 1939, this matter comes on for hearing on the petition of J.F.
<br />Ernstmeyer, executor of said estate, praying for the' allowance of his final report filed, and for
<br />his discharge from said trust.
<br />The court finds that due notice has been given by publication of the time and place of this hearing
<br />as provided by law and the former order of the court, and that no objections have been filed thereto,
<br />and the matter coming on for hearing, and the court being fully advised in the matter and in consid-
<br />eration of the records and files herein, and the evidence, the court finds:
<br />That Henry S.Otto departed this life on the 21st day of May, 1933, a resident of Adams County,
<br />Nebraska; that he left surviving him as his sole heirs at law, next of kin, and the only persons
<br />Interested in his estate, the following persons:
<br />Christian A.Otto, a son,
<br />Ida M.Thayer, a daughter,
<br />Jessie P.Lilley, a daughter
<br />LeRoy E.Otto, a son, also known as L.E.Otto,
<br />all of whom were and are of legal age; that the deceased left no widow, nor any other child or
<br />children, nor any child or children of any deceased child him surviving.
<br />That tin the 29th day of May, 1933, J.F.Ernstmeyer filed in this court his petition alleging the
<br />death of said deceased and that he left an instrument which petitioner alleged to be the last will
<br />and testa wnt of said deceased, in which the petitioner was named as executor, which will he asked
<br />to have probated; that due notice was given of the time and place of hearing of said petition by
<br />publication, and on the 17th day of June, 1933, this court made and entered an order allowing and
<br />probating said instrument as the last will and testament of said deceased; that on that date, to-
<br />wit; June 17, 1933, this court made and entered an order appointing J.F.Ernstmeyer as the executor
<br />of said will and estate; that on that date he qualified as such and letters testamentary were issued
<br />to him, and he has been acting in that capacity since.
<br />That said deceased died seized of the following described real estate, to -wit:
<br />South Half of the Northwest Quarter (S *NWi) of Section 22, Township 9 North,Range 11 West of the
<br />6th P.M., Hall County, Nebraska.
<br />That as shown by the final report of said `executor, all of the personal property possessed by said
<br />deceased has been converted into cash, and the proceeds thereof - reflected in said final report and
<br />by the executor duly accounted for.
<br />That due notice was'given creditors to file claims, if any, against said estate; that all claims
<br />filed within the time allowed by the order have been paid, save and except the claim filed by
<br />Christian Schoocho for $274.36, which claim has not been paid by the executor, there being no funds
<br />with which to pay same, and the court finds that said claim is a just and valid claim against said
<br />estate and should be allowed for the sum of $274.36; That all other claims against said estate have
<br />been paid and satisfied, including the expense of the last sickness and burial of said deceased,
<br />and the costs of administering; his estate.
<br />That said estate is not liable for any inheritance tax, the above described real estate being
<br />the only item to be transferred to the beneficiaries as named in the will of said deceased, they
<br />being related to the deceased as sons and daughters, and the value thereof is less than is exempt
<br />to said beneficiaries under the laws of the State of Nebraska.
<br />The court further finds that the legacies bequeathed in paragraph 2 of the will of said deceased
<br />have not entirely been paid but said beneficiaries have agreed to accept the residue as shown by
<br />the report of said executor in full settlement, accord amd satisfaction of said legacies, and the
<br />court finds that said legacies have been paid, settled and satisfied.
<br />That no reason exists why said estate should not be closed and said executor discharged.
<br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT:
<br />1.
<br />That the final report of said executor, together with all reports by him made since,the date of
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