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In consideration of the distribution to said second party or to the said estate of Della <br />Faidley, deceased, of the house and lot in Grand Island, Nebraska, being a part of the assets of <br />the Harry C.Faidley estate devised to said Della Faidley, and the payment to said second party of <br />the accrued rentals now in possession of third party, less the taxes for the year 1940, and of the <br />payment to second party of the $4000.00 interest in the Malinda S.Faidley claim against the estate <br />of Harry C.Faidley, deceased, heretofore assigned to said Della Faidley, together with interest <br />accrued thereon since the date of the said assignment, and of the payment to second party of the <br />sum of $13,500, paid in the manner aforesaid, with interest thereon, if any accrued, second party, <br />upon such distribution being made and upon all of said sums being paid to him, waives all claim <br />to any other of the assets of said Harry C.Faidley estate, described in tha.p certain statement made <br />and delivered by third parties to F.C.Drumm, attorney for second party, on the 7th day of December, <br />1940, which statement is as follows, to -wit: <br />ASSETS OF THE HARRY C.FAIDLEY ESTATE - December 7, 1940- <br />Bank balance <br />Due from Lamson Bros.brokers, <br />following: <br />Eastman Kodak stock <br />25 shares General Electric <br />25 shares Public Service Cor- <br />poration of New Jersey <br />100 shares Carroom & Reynolds <br />41 shares Du Pont <br />from sale of the <br />$4,285.00 <br />840.0o <br />774. oo <br />100.00 <br />6 .00 <br />T112,338-00 <br />Less commission and expense of <br />selling 60.00 <br />10 shares Grand Island Loan & Trust <br />Company (estimated) <br />300 shares Chicago & Connecting Railways(estimated) <br />Citrus Fruit cdrtificates (par) <br />112 interest Columbus building (estimated) <br />20 acres Texas fruit land carried at $1.00 <br />100 shares of Penney common (estimated) <br />$63,427-50 <br />12,277.89 <br />1,000.00 <br />200.00 <br />614. oo <br />15,000.00 <br />1.00 <br />92,520-39 <br />8)800.00 <br />It is understood and agreed by all of the parties hereto that the settlement and compromise <br />and agreements herein provided for are contingent upon the �- ettlement of the charitable bequests <br />with the parties to whom the same are made under the terms of the will of said Harry C.Faidley, <br />at the rate of fifty cents on the dollar of the principal amount thereof, and further contingent <br />upon the due approval of this agreement by the County Court of Hall County, Nebraska, on behalf <br />of said third party, and of the order of said Court authorizing said third party to enter into <br />and be bound by said agreement, and contingent further upon like authorization by the Superior <br />Court of Orange County, California, of second party to enter into and be bound by the said agree- <br />ment. <br />It is also understood and agreed by all of the parties hereto that there may be an income tax <br />due and payable from said Harry C.Faidley Estate to the United States Government for and on account <br />of income of said estate for the year 1940, and said first party and said second party do hereby <br />agree that if the relative proportions thereof to be paid by first party and second party are not <br />fixed and determined by the United States Government, that Mr. Wm.Suhr, attorney -at -law of Grand <br />island,Nebraska, may fix and determine the amount respectively to be paid by each of said first <br />and second parties for said 1940 income tax, and each of said parties does hereby agree to pay from <br />the properties to be respectively received by each thereof from said Harry C.Faidley Estate, in <br />No. 7 <br />HALL COUNTY <br />or the equivalent of said dividends in money, and that he will cause to be paid <br />to <br />said second <br />party, in the event of said transfer, <br />the said dividends or the said equivalent <br />in <br />cash. <br />In consideration of the promises and <br />agreements mutually to be kept and done <br />by <br />and between <br />the parties hereto, second party and <br />third party do hereby agree that the said <br />claim of said Lloyd <br />ji. Faidley may be allowed�and'paid in <br />full "both principal and interest as allowed <br />by <br />the County <br />Court of Hall County,and third party <br />does hereby agree to dismiss and withdraw <br />the <br />contest to the <br />allowance of said claim. <br />In consideration of the distribution to said second party or to the said estate of Della <br />Faidley, deceased, of the house and lot in Grand Island, Nebraska, being a part of the assets of <br />the Harry C.Faidley estate devised to said Della Faidley, and the payment to said second party of <br />the accrued rentals now in possession of third party, less the taxes for the year 1940, and of the <br />payment to second party of the $4000.00 interest in the Malinda S.Faidley claim against the estate <br />of Harry C.Faidley, deceased, heretofore assigned to said Della Faidley, together with interest <br />accrued thereon since the date of the said assignment, and of the payment to second party of the <br />sum of $13,500, paid in the manner aforesaid, with interest thereon, if any accrued, second party, <br />upon such distribution being made and upon all of said sums being paid to him, waives all claim <br />to any other of the assets of said Harry C.Faidley estate, described in tha.p certain statement made <br />and delivered by third parties to F.C.Drumm, attorney for second party, on the 7th day of December, <br />1940, which statement is as follows, to -wit: <br />ASSETS OF THE HARRY C.FAIDLEY ESTATE - December 7, 1940- <br />Bank balance <br />Due from Lamson Bros.brokers, <br />following: <br />Eastman Kodak stock <br />25 shares General Electric <br />25 shares Public Service Cor- <br />poration of New Jersey <br />100 shares Carroom & Reynolds <br />41 shares Du Pont <br />from sale of the <br />$4,285.00 <br />840.0o <br />774. oo <br />100.00 <br />6 .00 <br />T112,338-00 <br />Less commission and expense of <br />selling 60.00 <br />10 shares Grand Island Loan & Trust <br />Company (estimated) <br />300 shares Chicago & Connecting Railways(estimated) <br />Citrus Fruit cdrtificates (par) <br />112 interest Columbus building (estimated) <br />20 acres Texas fruit land carried at $1.00 <br />100 shares of Penney common (estimated) <br />$63,427-50 <br />12,277.89 <br />1,000.00 <br />200.00 <br />614. oo <br />15,000.00 <br />1.00 <br />92,520-39 <br />8)800.00 <br />It is understood and agreed by all of the parties hereto that the settlement and compromise <br />and agreements herein provided for are contingent upon the �- ettlement of the charitable bequests <br />with the parties to whom the same are made under the terms of the will of said Harry C.Faidley, <br />at the rate of fifty cents on the dollar of the principal amount thereof, and further contingent <br />upon the due approval of this agreement by the County Court of Hall County, Nebraska, on behalf <br />of said third party, and of the order of said Court authorizing said third party to enter into <br />and be bound by said agreement, and contingent further upon like authorization by the Superior <br />Court of Orange County, California, of second party to enter into and be bound by the said agree- <br />ment. <br />It is also understood and agreed by all of the parties hereto that there may be an income tax <br />due and payable from said Harry C.Faidley Estate to the United States Government for and on account <br />of income of said estate for the year 1940, and said first party and said second party do hereby <br />agree that if the relative proportions thereof to be paid by first party and second party are not <br />fixed and determined by the United States Government, that Mr. Wm.Suhr, attorney -at -law of Grand <br />island,Nebraska, may fix and determine the amount respectively to be paid by each of said first <br />and second parties for said 1940 income tax, and each of said parties does hereby agree to pay from <br />the properties to be respectively received by each thereof from said Harry C.Faidley Estate, in <br />