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<br />o < 7 HALL COUNTY.,
<br />Heuermann, son, the same to descend to them in absolute fee simple title but subject to the provision
<br />that if at the time of testator's death any of his said children were indebted to him or had any
<br />unpaid note or obligation due him, but not fully accrued or payable that each and all of said. chil-
<br />dren still owing him shall be by the court required to pay and settle such obligation and indebted-
<br />ness to his estate, during the time of its administration, or in the event they were unable or un-
<br />willing to do so during said administration that the same shall be considered charges and advance-
<br />ments to be deducted and charged against each of said children who might be so indebted at the time
<br />of final distribution of the remainder of the testators estate, upon and after the death of the
<br />said. widow above named and determination of her life estate above provided, to the end that each
<br />of his said children should be treated fairly, impartially and should inherit from his estate in
<br />equal parts and proportions and should also pay and discharge their obligations to him and to his
<br />estate as a part of his plan to treat each and all of his children impartially and without any
<br />favoritism and it appearing unto the Court from said account,,final report and the evidence that
<br />all of the children of the said testator have fully paid aid liquidated all of their obligations,
<br />notes and debts to the testator Frederick W.neuermann save and except Bernard B.Heuermann a son of
<br />said testator, who is the maker and payor of three promissory notes in writing given by the said
<br />Bernard B.Heuermann to the said testator which said notes are described as follows t6 -wit:
<br />1. A promissory note
<br />3 -21 -1939 at 4% for the
<br />2. A promissory note
<br />4% for the nrincipal su
<br />3. A promissory note
<br />3 -21 -1941 at 4% for the
<br />in writing of
<br />principal sum
<br />in writing of
<br />n of $1,000.00
<br />in writing of
<br />principal sum
<br />Bernard B.Heuermann to the testator dated 3 -21 -1939 due
<br />of $500.00.
<br />Bernard B.Heuermann to the testator dated 3 -21 -153$ dne 3 -21 -40
<br />Bernard B.Heuermann to the testator dated 3 -21 -1938 due
<br />of 41,000.00.
<br />and the court finds that nothing had been paid upon said notes or any of them and that the maker
<br />and payor of said notes Bernard B.Heuermann is at this time unable to pay the same or any part
<br />thereof and desires the same to be carried into and as against his distributive share of the real
<br />estate, personal and mixed property which will descend to him under the terms and conditions of the
<br />said will upon the death of said surviving widow Elva M.Heuermann, subject however to due credit for
<br />any payments which he may make upon said notes or any of them to the said widow Elva M.Heuermann in
<br />her lifetime and in the event that the entire amount of said notes shall be paid to said Elva M.
<br />Heuermann during her lifetime, then and in such event no deduction whatsoever shall -be made from
<br />the distributive share of the said Bernard B.Heuermann, as a remainder man after the death of the
<br />said widow Elva M.Heuermann.
<br />FIFTH FINDING.
<br />That the -sole and only heirs at law, devisees, legatees and persons having any interest in said
<br />estate, are the following:
<br />Elva M.Heuermann widow, 711 North _gheeler Avenue, Grand Island, Nebraska.
<br />Mary L.Heuermann, daughter,711 North Wheeler Avenue, Grand Island,Nebraska.
<br />Bernard B.Heuermann, son, R F D Phillips, Nebraska;
<br />William W. Heuermann, son, of Lincoln, Lancaster County, Nebraska.
<br />SIXTH FINDING.
<br />That this estate should now be closed.
<br />It is, therefore, considered, ordered, adjudged and decreed by the Court that this estate
<br />should be closed and settled; that all the debts and claims against this estate have been paid,
<br />including court costs and probate expenses; that all legacies provided in said will have been paid;
<br />Court,
<br />and which is of
<br />record in probate record ---b-4 at page =- -9� on the 28th day of May,
<br />1938,
<br />of the
<br />records of this
<br />Court. The testator gave and bequeathed unto his surviving widow,
<br />Elva M.
<br />Heuermann, for her use,
<br />benefit and enjoyment during the period of her natural life, all of the
<br />estate
<br />of which he died
<br />seized, including real estate, personal and mixed property, as an
<br />estate
<br />for life and that said
<br />testator furthe-1 directed, devised and bequeathed the remainder of
<br />his said
<br />estate,
<br />real, personal
<br />and mixed which might be left upon the death of his said widow, to
<br />his fol-
<br />lowing
<br />named children to
<br />-wit: Mary L.Heuermann, daughter, Bernard B.Heuermann son, and William
<br />W.
<br />Heuermann, son, the same to descend to them in absolute fee simple title but subject to the provision
<br />that if at the time of testator's death any of his said children were indebted to him or had any
<br />unpaid note or obligation due him, but not fully accrued or payable that each and all of said. chil-
<br />dren still owing him shall be by the court required to pay and settle such obligation and indebted-
<br />ness to his estate, during the time of its administration, or in the event they were unable or un-
<br />willing to do so during said administration that the same shall be considered charges and advance-
<br />ments to be deducted and charged against each of said children who might be so indebted at the time
<br />of final distribution of the remainder of the testators estate, upon and after the death of the
<br />said. widow above named and determination of her life estate above provided, to the end that each
<br />of his said children should be treated fairly, impartially and should inherit from his estate in
<br />equal parts and proportions and should also pay and discharge their obligations to him and to his
<br />estate as a part of his plan to treat each and all of his children impartially and without any
<br />favoritism and it appearing unto the Court from said account,,final report and the evidence that
<br />all of the children of the said testator have fully paid aid liquidated all of their obligations,
<br />notes and debts to the testator Frederick W.neuermann save and except Bernard B.Heuermann a son of
<br />said testator, who is the maker and payor of three promissory notes in writing given by the said
<br />Bernard B.Heuermann to the said testator which said notes are described as follows t6 -wit:
<br />1. A promissory note
<br />3 -21 -1939 at 4% for the
<br />2. A promissory note
<br />4% for the nrincipal su
<br />3. A promissory note
<br />3 -21 -1941 at 4% for the
<br />in writing of
<br />principal sum
<br />in writing of
<br />n of $1,000.00
<br />in writing of
<br />principal sum
<br />Bernard B.Heuermann to the testator dated 3 -21 -1939 due
<br />of $500.00.
<br />Bernard B.Heuermann to the testator dated 3 -21 -153$ dne 3 -21 -40
<br />Bernard B.Heuermann to the testator dated 3 -21 -1938 due
<br />of 41,000.00.
<br />and the court finds that nothing had been paid upon said notes or any of them and that the maker
<br />and payor of said notes Bernard B.Heuermann is at this time unable to pay the same or any part
<br />thereof and desires the same to be carried into and as against his distributive share of the real
<br />estate, personal and mixed property which will descend to him under the terms and conditions of the
<br />said will upon the death of said surviving widow Elva M.Heuermann, subject however to due credit for
<br />any payments which he may make upon said notes or any of them to the said widow Elva M.Heuermann in
<br />her lifetime and in the event that the entire amount of said notes shall be paid to said Elva M.
<br />Heuermann during her lifetime, then and in such event no deduction whatsoever shall -be made from
<br />the distributive share of the said Bernard B.Heuermann, as a remainder man after the death of the
<br />said widow Elva M.Heuermann.
<br />FIFTH FINDING.
<br />That the -sole and only heirs at law, devisees, legatees and persons having any interest in said
<br />estate, are the following:
<br />Elva M.Heuermann widow, 711 North _gheeler Avenue, Grand Island, Nebraska.
<br />Mary L.Heuermann, daughter,711 North Wheeler Avenue, Grand Island,Nebraska.
<br />Bernard B.Heuermann, son, R F D Phillips, Nebraska;
<br />William W. Heuermann, son, of Lincoln, Lancaster County, Nebraska.
<br />SIXTH FINDING.
<br />That this estate should now be closed.
<br />It is, therefore, considered, ordered, adjudged and decreed by the Court that this estate
<br />should be closed and settled; that all the debts and claims against this estate have been paid,
<br />including court costs and probate expenses; that all legacies provided in said will have been paid;
<br />
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