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616 WILL AND DECREE RECORD
<br />THE AUGUSTINE CO. 18600 -12.36
<br />allowed, are in dispute,
<br />That the accumulations and dividends on the J.C.Penney Company stock bequeathed to Lloyd H.
<br />Faidley in paragraph 5 of the will of Harry C.Faidley, deceased, are in dispute.
<br />That the bequest in paragraph 6 of said will to Della Faidley is in dispute by reason of
<br />her death, and the provisions of said will, contained in paragraph 10 of said will.
<br />That in the event it should be determined by the Court that the estate of Della Faidley is
<br />entitled to the stock in said paragraph 6 of said will mentioned, then the question of dividends
<br />and accumulations thereon is in dispute,
<br />That there is a serious question which is likewise in dispute involving the provisions of
<br />both paragraphs 5 and 6 of said will, for the reason that after the making of said will by said
<br />Harry C.Faidley the said J.C.Penney Company issued common stock three to one, and the question
<br />arises whether the legatees of said stock, or their personal representatives, in said will, in
<br />said paragraphs 5 and 6, are entitled to 300 shares each of the said stock as now issued and
<br />outstanding, or only to 100 shares each.
<br />That likewise the question arises whether the charitable bequests of paragraph 7 are entitled
<br />to interest on their bequests;
<br />That various related, collateral, or other matters are in dispute between the said parties,
<br />That for the purpose of avoiding further burdensome, expensive, and prospective litigation,
<br />to determine the matters in controversy, and dispute, in relation to the property of said estate
<br />as hereinbefore set forth, and such others as are in dispute, it is further agreed between the
<br />parties as follows:
<br />That there shall be distributed to said second party, or to the said estate of Della Faidley,
<br />deceased, by third party the house and lot in Grand Island,Nebraska devised to said Della Faidley
<br />by the last will and testament of said Harry C.Faidley, together with the accumulations of rentals
<br />now in the possession of third party, less the taxes for the year 1940, and that there shall be
<br />paid to said second party by said third party the amounts due under the assignment to Della Faidley
<br />from Ma.linda S.Faidley of a $4000.00 interest in the claim of Malinda S.Faidley heretofore filed
<br />in the estate of said Harry C.Faidley, deceased., together with interest thereon from the date of
<br />said assignment; and first party further agrees, and in consideration of the promises and covenants
<br />to be kept and :done by second and third parties as herein set forth, to assign, and does hereby
<br />assign, sell, transfer, and set over to second party $13,500 of the money due him under the said
<br />claim filed by him in said Harry C.Faidley estate, as hereinbefore set forth; however, second
<br />party does hereby agree with first party that he will accept as a $1000.00 payment on said
<br />$13,500 the 10 shares of stock of the Grand Island Loan and Trust Company which is now a part of
<br />the assets of said Harry C.Faidley Estate, provided that first party shall cause to be legally
<br />transferred to him the said stock prior to the payment of said $13,500, with any interest accrued,
<br />according to the terms hereof.
<br />First party does further agree that second party shall have, and does hereby grant and
<br />create a lien in favor of second party against all moneys or property to which he may be entitled
<br />fr ^m the estate of said Harry C.Faidley as hereinafter set forth, or otherwise, as security for the
<br />payment to said second party of the said sum of $1, 500, together with interest thereon as herein-
<br />after set forth, and first party does hereby agree that if said sum of $13,500 hereby so assigned
<br />to second party shall not be paid to second party on or before January 11, lQ41, that the same,
<br />or any unpaid portions thereof, shall draw interest at the rate of seven per cent. per annum from
<br />and after said last named date.
<br />First party further agrees that in the event said 10 shares of stock of said Grand Island
<br />Loan and Trust Company shall be transferred to second party as a $1000 payment on said $13,500,
<br />that second -party shall receive either the dividends hereafter paid thereon prior to said transfer
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