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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. <br />