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562 <br />\ \ l I '\ \ )�� Iii I � ,�' i ��� � � ��� I'� ►/� <br />THE AUG USTI HE CO. 20112.2.41 <br />DECREE OF FINAL SETTLEMENT <br />IN THE MATTER OF THE ESTATE <br />OF <br />W. CLAYTON CLARK, DECEASED <br />IN THE COUNTY COURT OF SALINE COUNTY,NEBRASKA <br />DECREE OF FINAL SETTLEMENT <br />Now on this 10th day of November, 1944 at 2 o'clock P.M., this time being the time fixed by <br />order of this Court, for hearing the petition for final settlement of said estate, this cause came <br />on to be heard upon the petition and final account of James H.Clark, the Executor herein, and upon <br />the evidence, both oral and-documentary. <br />And now on consideration of the proofs and allegations of the parties, the Court finds as <br />follows, viz: <br />1. That W. Clayton Clark who was a resident and inhpbitant of Bureau County, Illinois, at the <br />time of his death, died testate at Buda, in said Bureau County on the 29th day of August, 1943; <br />that said deceased left a Last Will and Testament which was duly proved and allowed and admitted <br />to probate in the County Court of said Bureau County on the 25th day of October, 1943, in accord- <br />ance with the laws of the State of Illinois, said County. Court having jurisdiction of such matters <br />in the State of Illinois; that a true and correct copy of said will and the probate thereof in <br />said County Court, duly authenticated by the Clerk of said Court, was produced herein, and said Last <br />Will and Testament was thereafter on the 24th day of December, 1943, duly admitted to probate <br />and filed in this, the County Court of Saline County, Nebraska, and James H. Clark was appointed <br />and qualified as Executor of said estate in the State of Mebraska, and has since performed the <br />duties of said office. <br />2. That the notice of probate, the notice to creditors and the notice of final settlement have <br />each been given according to law and the orders of this Court. <br />3. That no claims have been filed against said estate and any claims not filed have been <br />barred by order of this Court. <br />4. That -the petition of the Executor herein, for a final settlement of his account should be <br />grant ed. <br />5. That the final account of the Executor herein and his Supplemental Report filed herein <br />this day, are correct in every respect and should be allowed. <br />6. That inheritance tax is due from said estate as follows: From Gladys L.Clark Philbrook, <br />Marian I.C1ark Graham, James H.Clark, Wayne Clayton Clark, and Dianne Ruth Clark, to Saline County, <br />Nebraska, the sum of x$110.58 each; from each of said parties to Merrick County, Nebraska, the <br />sum of X2.62; from each of said parties to Webster County, Nebraska, the sum of $8.15 and from <br />each of said parties to Hall County, Nebraska, the sum of $2.62; the total principal amount due to <br />said Saline County, is the sum of $552.90; to said Merrick County, the sum of $13.10; to said <br />Webster County, the sum of $40.75 and to Hall County, Nebraska, the sum of $13.10, with interest <br />on said principal amounts at the rate of 7 % per annum from August 29th, 1943, the date of the <br />death of said deceased. <br />7. That said Executor had on hand, as disclosed by said Final Report, the sum $11,412.38, and <br />as sho�en by his Supplemental Report, he received an additional $120.92 and expended an additional <br />$383".65, leaving a balance of cash now on hand of $11,144.65, which should be paid out as follows: <br />To Gerald J.Hallstead, County Judge, Saline County, Nebraska, the sum of $147.33 for <br />court costs, publication and recording fees; to the County Treasurer, Saline County, <br />Nebraska., the sum of x$26.62 for personal taxes for the year 1944; to James H. Clark, <br />for Executor's fees and expenses the sum of $270.00; and to John E.Mekota, for Attorney's <br />fees, and expenses, the sum of 4350.00; said Executor should also pay the inheritance <br />taxes as set forth by Item No. 6 above and the balance of said cash should be paid to the <br />personal representative of said estate, appointed by the County Court of Bureau County, <br />Illinois. <br />8. That the heirs at law, legatees and devisees left surviving by said deceased, with their <br />relationship to said deceased and present ages and places of residence, are as follows: <br />0 <br />That the above named Dianne Ruth Clark is the adopted daughter of'the said W- Clayton Clark, <br />deceased, and that she was adopted. by him after the execution of said 'will; said Dianne Ijuth Clark, <br />therefore, takes the share of said estate that she would inherit under --the Intestate Laws of the <br />State of Nebraska, if the said W.Clayton Clark had died intestate; that the property owned by said <br />deceased in the State of Nebraska at the time of his death, should, under the terms of said will <br />and under the laws of the State of Nebraska, be assigned to said Dianne Ruth Clark and said daughters <br />and sons of said deceased, above named, in equal shares. <br />That Jessie J.C1ark, i,�rho was the wife of said deceased, named in the second item of his Last <br />Will and Testament, died prior to the death of the said W.Clayton Clark, deceased, and that said <br />W.Cla.yto.n Clark was unmarried at the time of his death. <br />That Gladys I.Cla.rls. Philbrook above named, is the same person as Gladys I.Clark named in said <br />Will. That Marian I.Clark Graham herein named, is the same person as Marian I.Clark named in said <br />will, and the same person as Marion I.C1a.rk Graham, who was named as one of the parties in the <br />proceedings had for the probate of said Will in the County Court of Bureau County, Illinois, and <br />in the Petition for Probate, and Petition for Final Settlement, filed herein. <br />That Wayne Clayton Clark and Capt. Wayne C.Clark named_ in said proceedings in the County Court <br />of Bureau County, Illinois, and Wayne Clayton Clark, who is named in this decree and in said Will, <br />is one and the same person; that said Wayne Clayton Clark, has reached the age of 26 years and has <br />1 <br />iL <br />71 <br />Lj <br />1 <br />NAVE <br />AGE <br />RESIDENCE <br />RELATIONSHIP <br />Gladys <br />L.Clark Philbrook <br />41 <br />years <br />Buda, Illinois <br />Daughter <br />Marian <br />I.Clark Graham <br />39 <br />years <br />1002 North West Street <br />Wheaton, Illinois <br />Daughter <br />James <br />H.Clark <br />36 <br />years <br />Dorchester, Nebraska <br />Son <br />Wayne <br />Clayton Clark <br />26 <br />years <br />Dorchester, Nebraska <br />Son <br />Dianne <br />Ruth Clark <br />13 <br />years <br />Buda, Illinois_ <br />Adopted Daughter <br />0 <br />That the above named Dianne Ruth Clark is the adopted daughter of'the said W- Clayton Clark, <br />deceased, and that she was adopted. by him after the execution of said 'will; said Dianne Ijuth Clark, <br />therefore, takes the share of said estate that she would inherit under --the Intestate Laws of the <br />State of Nebraska, if the said W.Clayton Clark had died intestate; that the property owned by said <br />deceased in the State of Nebraska at the time of his death, should, under the terms of said will <br />and under the laws of the State of Nebraska, be assigned to said Dianne Ruth Clark and said daughters <br />and sons of said deceased, above named, in equal shares. <br />That Jessie J.C1ark, i,�rho was the wife of said deceased, named in the second item of his Last <br />Will and Testament, died prior to the death of the said W.Clayton Clark, deceased, and that said <br />W.Cla.yto.n Clark was unmarried at the time of his death. <br />That Gladys I.Cla.rls. Philbrook above named, is the same person as Gladys I.Clark named in said <br />Will. That Marian I.Clark Graham herein named, is the same person as Marian I.Clark named in said <br />will, and the same person as Marion I.C1a.rk Graham, who was named as one of the parties in the <br />proceedings had for the probate of said Will in the County Court of Bureau County, Illinois, and <br />in the Petition for Probate, and Petition for Final Settlement, filed herein. <br />That Wayne Clayton Clark and Capt. Wayne C.Clark named_ in said proceedings in the County Court <br />of Bureau County, Illinois, and Wayne Clayton Clark, who is named in this decree and in said Will, <br />is one and the same person; that said Wayne Clayton Clark, has reached the age of 26 years and has <br />1 <br />iL <br />71 <br />Lj <br />1 <br />