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618
<br />\Ta 67a
<br />MM(I
<br />THE AUGUSTINE CO. 18800.12.98
<br />accordance with the terms hereof, such sum of money as may be determined by said Government, or in
<br />the absence of said determination, as may be determined by said Wm.Suhr, to be respectively due
<br />from each of said parties, in payment of said 1940 income tax.
<br />It is further agreed that in the event of the failure of the United States Government or of the
<br />said Wm.Suhr to determine the relative proportions to be paid by each of the first and second
<br />parties, that the same may be determined in any other legal manner.
<br />It is further agreed and understood that the said estate of Harry C.Faidley, deceased, shall
<br />be closed and distributed as to the properties referred to herein as soon hereafter as may reasonably
<br />be done, both for the benefit and convenience of the parties hereto, and for the further reason
<br />of the said settlement contemplated to be made with the persons to whom the said charitable bequests
<br />are made in the will of said Harry C.Faidley, deceased, who have at this time agreed to accept said
<br />fifty per cent. of said bequests, provided the same can be and are paid to the respective legatees
<br />within a period of thirty days.
<br />It is further agreed by and between tz�e parties hereto that no charge or deduction shall be made
<br />by third party, as against second party or the estate of Della Faidley, deceased, for or on account
<br />of any moneys heretofore spent by third party on account of the Grand Island residence, to be re-
<br />ceived by second party, and that the only charge to be made against the money now on hand with
<br />third unties from the rentals of said house shall be the tax for the year 1940.
<br />It is further agreed that in the event any other assets of said Harry C.Faidley are discovered,
<br />or that any of the dormant or valueless assets of said estate sho4ld later become valuable, that
<br />the same shall be and become a part of the estate of Harry C.Faidley and shall be disposed and
<br />distributed under the terms of said will.
<br />It is further agreed that no final disposition shall be made
<br />of the suit
<br />or contest now pending
<br />in the District Court of Hall County, Nebraska, on the claim of
<br />said Lloyd
<br />H.Faidley against the
<br />said estate of Harry C.Faidley, until third parties shall have
<br />definite and
<br />binding assurance from
<br />those institutions to which charitable bequests were made under
<br />the will of
<br />said Harry C.Faidley,
<br />in paragraph numbered 7 thereof, and also until second and third
<br />parties hereto shall have been
<br />duly authorized in the manners hereinbefore set forth, to enter
<br />into and be
<br />bound by this agree-
<br />ment.
<br />It is further understood and agreed that the Texas land is not included in the reference herein—
<br />before made to dormant or valueless assets of the estate of Harry C.Fa.idley, deceased.
<br />Upon the payment of the said $13,300.00 with interest, if any, to second party by first party,
<br />as hereinbefore provided, and upon the distribution of the house and lot in Grand Island,Nebraska,
<br />with accrued rentals as herein provided, being part of the assets of said Harry C.Faidley estate
<br />to Della Faidley estate, as aforesaid, and upon the payment to said second party of tnat portion
<br />of the Malinda S.Faidley claim against the Harry C.Faidley estate, with interest accrued thereon,
<br />according to the assignment from Malinda S.Faidley to Della Faidley, second party waives all claim
<br />to the J.C.Pennjr stock and accrued or accruing dividends thereon, bequeathed to Della Faidley in
<br />Paragraph 6 of the last Will and Testament of Harry C.Faidley, deceased, and agrees thereon, to
<br />make, execute and deliver quit. -claim deeds to first party or his assigns to the one -half interest in
<br />the building in Columbus, Nebras'a, now a part of the assets of the said Harry C.Faidley estate
<br />and to the Texas land, likewise a part of the assets of said estate, and upon final distribution
<br />of the estate of said Della Faidley, second party agrees to furnish to first party a certified
<br />copy of the decree of distribution and order settling accounts of the Executor thereof.
<br />It is further agreed that in the event there shall be any adjustment by the U.S.Government as
<br />to income taxes on the estate of Harry C.Faidley for income tax prior to 1940, or any income tax
<br />payable thereon for the year 1941, it is agreed that said taxes shall be adjusted and proportioned
<br />and paid in accordance w.th the terms and provisions hereinbefore made, with respect to the income'
<br />
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