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410 WILL AND DECREE RECORD THE AUG USTI HE CO. 20112.2.41 IN THE MATTER OF THE ESTATE IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA ) OF ) FINAL DECREE. HOMER BOWEN, DECEASED. ) Now on this 19th day of January, 1944, this cause came on for hearing upon the Final Report of Bertha Bowen, Executrix of the Estate of Homer Bowen, deceased, and upon the petition of said Executrix for the allowance and approval of said report, settlement of said estate, and discharge herein, and the Court having examined the records and files herein, and being fully advised in the premises, finds that due and legal notice has been given to all persons of the time and place fixed by the Court for the hearing upon said report, and further finds that said report is true and cor- rect in all things, and that the same ought to be approved and allowed as and for the Final Report of said. Executrix, said estate settled and. closed and said Executrix discharged. The Court further finds that the said Homer Bowen departed this life on the 23rd day of July, 1943, and that at the time of his death he was a resident and inhabitant of Hall County, Nebraska; that he left surviving him as his heirs -at -law and only heirs -at -law his wife, Bertha Bowen, and one daughter., Harriett Bowen Bost;-that he left a Last Will and Testament, which were by the con- sideration of this Court duly proven, allowed and admitted to probate on the 25th day of August, 1943, and Letters Testamentary were duly issued by this Court to the said Bertha Bowen of the estate of Homer Bowen, deceased. The Court further finds that due and legal notice has been given to all persons of the time and place fixed by the Court for filing claims against the estate of said deceased, and that the time so fixed has fully expired and that all persons having claims against said estate and not filed within the time limited by the Court are forever barred and excluded from setting up or asserting any such claim against said estate. The Court further finds that the said Executrix has paid the funeral expenses of said deceased, all debts against said. estate, and the costs of these proceedings and has made due distribution of the personal property in said estate of the deceased to the legatees under the Will of the de- ceased, and nothing further remains in the hands of the Executrix belonging to said estate. The Court further finds that the estate is subject to an inheritance tax under the laws of the State of Nebraska in the sum of $87.89, which amount has been paid but that said estate is not subject to a Federal Estate Tax under the laws of the United States. The Court further finds that the said Homer Bowen was possessed of the following described real estate at the time of his death, which passed and descended pursuant to the terms of his Will, one- half thereof to Bertha Bowen, to have and to hold the same forever, and one-half to Harriett Bowen Bost, referred to in said. Will as Harriett Bost, they to share all the net income jointly with full management of all real estate held jointly in the said Bertha Bowen so long as she lives with the further provision that the said Harriett Bost shall not have power to sell, dispose of or in any way alienate her one-half interest therein until she attains the age of forty years, with the further or.ovision that in the event she does not attain the age of forty years her undivided one - half interest in such real estate shall not lapse but shall immediately pass and descend to her daughters, Judith Ann Bost and Jane Bost and any other heirs of her body born to her subsequent to January 6, 1942, or the survivors of them, share and share alike, absolutely, the real estate passing under said terms and provisions being described as follows: The North One -sixth (N 1/6) of Lot One (1) and the North One -sixth (N 1/6) of the East One - third (E 1/3) of Lot Two (2), Block Forty- two`(42), of the original town, now City of Grand Island, Hall County, Nebraska... The South twenty- tT,1 To feet of the North forty -four feet of Lot Four (5), Block Forty (40), original town, now city of Grand Island,Hall County, Nebraska, subject to Party Wall Agreement. Lot Four (4), Block Seventeen (17), Arnold and Abbott's Addition to the City of Grand Hall County, Nebraska.. Lot Eight (8), Block One Hundred Fourteen (114), railroad addition, in the City of Grand Island, Nebraska., (unimproved). An undivided one -half interest held as tenant in common with Bertha L.Bowen, covering Lot Six (6),Block Five (5), Charles Wasmer's Addition to Grand Island,Hall County, Aebraska. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT that the Final Report of the said Bertha Bowen, Executrix of the Estate of Homer Bowen, deceased, be, and the same hereby is in all things approved and allowed as and for the Final Report of said Executrix and said estate is hereby settled and. closed and said Executrix discharged. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that all persons having claims against said estate, if any such there be, are forever barred, enjoined and excluded from setting up or asserting any such claim against said estate. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the distribution of personal property and transfer of the same by the Executrix to Bertha Bowen and Harriett Bowen Bost, be, and the same is hereby approved, and that upon said transfer of all personal property being completed, the said Executrix is released from further liability on.her bond. IT IS FURTHE? ORDERED, ADJUDGED AND DECREED BY THE COURT that under the terms and provisions of the Last Will and Testament of Homer Bowen, deceased, the real estate hereinabove described, passed and descended one -half to Bertha Bowen, to have and. to hold the same forever, and one -half to Harriett Bowen Bost, also known as Harriett Bost, they to share all net income jointly with full management of all real estate held jointly in Bertha Bowen so long as she lives. provided further that the said. Harriett Bost shall not have power to sell, dispose of or in any way alienate her one-half interest therein until she attains the age of forty years, which restriction shall not apply to provisions for participation in net income from said properties, and that in the event she does not attain the age of forty years her undivided one -half interest in said real estate shall not lapse but shall immediately pass and descend to her daughters, Judith Ann Bost and Jane Bost and any other heirs of her body born to her subsequent to January 6, 1942, or the survivors of them, share and share alike absolutely. BY THE COURT Paul N.Kirk ,County Judge