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61� IgN ms�p tion, executors' fees, attorneys' fees, and court costs, have been paid in full, except the claim of Lloyd H.Faidley, which was filed, contested, and allowed, and which is hereinafter more fully referred to. The Court finds that there was a contest upon the claim of Lloyd H.Faidley, which was allowed by the County Court in the sum of $22,600 principal and $9944 interest, and that the allowance of said claim by the County Court was appealed from it by the Executors to the District Court of Hall County, Nebraska, and said claim was in said District Court on the 7th day of February, 1941, allowed in the sum of $22,600, with six per cent. interest from May 1, 1933, $10,525, total $33,125, bearing six per cent. interest from the 5th day of February, 1941. The Court further finds that there was a dispute involving the legacy provided for in Paragraph Fifth of the last will and testament of Harry C.Faidley, deceased, whether said Lloyd H.Faidley was entitled, in addition to the 100 shares of J.C.Penney Company stock, to the dividends since the date of the death of Harry C.Faidley and whether, because of a certain split —up thereof by the J.C.Penney Company, he was entitled to 300 shares or 100 shares. The Court finds that there was a dispute with reference to Paragraph Sixth, whether or not Della Faidley was entitled to 100 shares of the common stock of the J.C.Penney Company, because of the provisions contained in Paragraph Tenth of said last will and testament, and in the event she was entitled to said stock, whether she would be entitled to dividends since the date.of the death of Harry C.Faidley, and whether she would be entitled to 300 shares instead of 100 shares, on account of the split —up of stock by the J.C.Penney Company immediately preceding the death of Harry C.Faidley, and subsequent to the date of his last will and testament. The Court finds that if all the claims were allowed, and that if the provisions contained in Paragraphs Fifth and Sixth were allowed, and dividends on the stock were allowed, that there would be no funds with which to pay the charitable legatees named in Paragraph Seventh of said last will and testament. That in order to settle and compromise said claims and disputes and to make some adjustment to the charitable legatees mentioned in Paragraph Seventh, Lloyd H.Faidley individually, Lloyd H. Faidley and The First National Bank of Grand Island, Nebraska, as executors, and Hollis Showalter, Executor of the Della Faidley Estate, entered into a written agreement dated December 10, 1940, which said agreement was heretofore ratified and ap ??roved by the Court, and which agreement is made a part of this decree. That Baid agreement was entered into upon the condition that the legatees mentioned in Paragraph Seventh of said last will and testament would accept fifty per cent. of the principal sum in full settlement of their legacies as follows: Christian Orphans' Home, St. Louis, Missouri, $2500.00 instead of $5000.00. Masonic Home, Fremont, Nebraska, $2500 instead of $5000.00, Nebraska Children's Home of Omaha, Nebraska., $2500.00 instead of $5000.00 The Presbyterian Church of Grand Island, Nebraska, the sum of $1250.00, instead of $2500, then and in that event the parties to said agreement would perform all of the provisions of said agreement. The Court finds that said executors have complied with Paragraph Three of said last will and testament, that they have set apart for Della Faidley the real property constituting the residence at the time of the death of Harry C.Faidley, and described as follows: Lots Nine (9) and Ten (10) in Block Five (5) in Charles Wasmer's Addition to the city of Grand Island, in Hall County, state of Nebraska, and set apart and delivered to Della Faidley all of the personal prpperty mentioned in said Paragraph Third. The Court finds that Paragraph Fourth was impossible to perform, for the reason that the claims