1000 WILL AND DECREE RECORIV
<br />THE AUGUSTINE CO. 18800.1$•88
<br />mination and allowance of claims, that a time and place has been fixed for the filing of claims
<br />against said estate, and due notice given as requred by law. That said time has fully elapsed,
<br />that all claims filed and allowed have been paid in full and all debts, demands and claims against
<br />the estate, of every kind and character, have been fully paid, including expense of administration
<br />and income taxes. That the said Executor had on hands at the time of the filing of said final
<br />account the sum of $2149.67 in cash, and that since the said date he has paid claim of John Goettsche
<br />$2.55, widow's allowance $75.00, expense of auditing accounts $70.95, and additional income tax as
<br />fixed and determined by the Collector of Internal Revenue, in the sum of $175.21, and there now
<br />remains for distribution the sum of $1826.06. That the Executor also holds and retains an undivided
<br />one -fifth interest belonging to the said estate in the accounts and bills receivable of the partner-
<br />ship of McGrath & Woodruff, the collection of which cannot be made at this time, and which interest
<br />in said accounts and bills receivable should be assigned and distributed under the terms of the last
<br />will and testament aforesaid.
<br />The Court further finds that the said decedent died seized of the following described real
<br />estate, to -wit:
<br />All of the Northwest Quarter of the southeast Quarter (NWJ SEJ), the North Aalf of the South-
<br />west Quarter (NJ SWJ), and all of that part of the Southeast Quarter of the Southwest Quarter (SEiSA)
<br />of Section 14 in Township 11, North,Range 9, lying north of the Chicago, Burlington & Quincy Railroad
<br />as it is now constructed and running through said land, excepting a strip of ground 100 feet wide
<br />across the North Half of the Southwest Quarter of said Section, being 50 feet wide on each side of
<br />the center line of the railroad of the Chicago, Burlington & Quincy Railroad as same is now located
<br />and constructed upon the North Half of the Southwest Quarter of said section, excepting also a strip
<br />of ground commencing at a point two rods South of the Northwest corner of the Southwest Quarter of
<br />said section, running thence North two rods to the Northwest corner of the Southwest Quarter of said
<br />section, thence East BO rods to the Northeast corner of the Northwest Quarter of the Southwest
<br />Quarter of said Section, thence in a Westerly direction to the place of beginning, the same being
<br />a triangular tract of land 80 rods on the North by 2 rods on the West and containing one -half acre,
<br />in Hall County, Nebraska,
<br />All of that part of the Southeast Quarter of the Southwest Quarter (SEJSWJ) of Section 14, which
<br />lies south of the right -of -way of the Chicago, Burlington & Quincy Railroad-Company, containing 27
<br />acres, more or less, and being bound on the north by the right -of -way of said Railroad Company, in
<br />Hall County, Nebraska,
<br />The West 41.5 feet of Lot 6, Block 15, Russel Wheeler's Addition to Grand Island,Hall County,
<br />Nebraska.
<br />Lot 7, Block 127, Union Pacific Railroad Company's Second Addition to Grand Island,Hall County,
<br />The Court further finds that the said Benjamin R.McGrath departed this life on November 18,
<br />1940, being then a resident and inhabitant of Hall County, Nebraska, and leaving a last will and
<br />testament which has been duly admitted to probate herein, that by the terms of the said last will
<br />and testament the said real estate was devised to Dessie P.McGrath so long as she should remain the
<br />widow of the said testator and unmarried, with remainder thereafter to the children of the said
<br />Benjamin R.McGrath, in equal undivided shares, to -wit:
<br />William M.McGrath, of Grand Island,Nebraska
<br />Esther' L. Flanigan, of Grand Island,Nebraska.
<br />Benjamin R.McGrath, of Denver, Colorado.
<br />James R.McGrath, of Grand Island,Nebraska
<br />Harvey C.MeGrath, of Grand Island,Nebraska.
<br />The Court further finds that the personal property belonging to the said decedent was by said
<br />last will and testament bequeathed to the said William M.McGrath, as trustee, during the life of
<br />the said Dessie P.McGrath and so long as she should remain the widow of said Benjamin R.McGrath and
<br />unmarried, and subject to the other terms and conditions provided in said last will and testament,
<br />to invest and re- invest the said personal property and pay the net income therefrom to the said
<br />Dessie P.McGrath during such period.
<br />That the said last will and testament further provided that in case of the re- marriage of the
<br />said Dessie P.McGrath her use and benefit of the real estate aforesaid and of the income from said
<br />personal property should immediately terminate, and in that event she should receive an undivided
<br />one- fourth interest in and to all of the said estate, both real and personal,
<br />The Court further finds that no part of the said estate is subject to the payment of Inheri-
<br />Lance or Estate Taxes.
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