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641 <br />possessed, to my sister Alice Simmons, my sister Sarah Ellen Taylor, my nephew James Karr Taylor, <br />my niece Margaret Elizabeth Taylor, -and my niece Helen Irene Taylor, share and share alike, to <br />each an undivided one -fifth (175) interest therein, in the event they shall out -live me, but in <br />the -event any of said persons shall predecease me, then their share heretofore devised and be- <br />queathed to them shall revert to my estate and be equally divided among the persons heretofore <br />named who are -still living at the time of my decease.. <br />FOURTH: It is my wish and desire that my sister, Sarah Ellen Taylor, and her children, James <br />Karr Taylor, Margaret Elizabeth Taylor and Helen Irene Taylor, shall provide a home and care <br />for my sister Alice Simmons during the lifetime of my beloved husband, William E.Merritt, or until <br />she comes into possession of her share of my property under the terms and provisions of this will. <br />And further, in the event they fail to do so a reasonable amount shall be deducted from their share <br />heretofore devised and bequeathed to them under the terms of this will which the said Alice Simmons <br />shall have in addition to her undivided one -fifth (1/5) share of my estate. <br />FIFTH: That if any beneficiary, devisee or any party receiving any benefit or gift through <br />my Will, shall contest or go into Court for the purpose of breaking or setting aside said Will, <br />the benefit or devise given said person or persons by said Will, shall lapse and become null and <br />void, and the party so contesting or seeking to break the same, shall receive in lieu thereof, <br />the sum of One Dollar ($1.00) only. <br />SIXTH: I hereby nominate Lawrence S.Dunmire as executor and attorney of this my last will <br />and testament. <br />WITNESS my hand at Hastings, Nebraska, this 20th day of May, 1937. <br />/a/ Leonora Merritt <br />Testatrix <br />We, whose names are hereunto subscribed, do hereby certify that Leonora Merritt, the testatrix, <br />subscribed her name to this instrument in our presence and in the presence of each of us, and de- <br />clared at the same time in our presence and hearing that this instrument consisting of two type- <br />written pages was her last Will and Testament, and we, at her request, sign our names hereto, in <br />her presence and in the presence of eaeh other as attesting witnesses. <br />/s/ T. F. Sunderm ei er <br />/s /: Isa C.Bruckmaa <br />Adams y, <br />SCount Nebraska. ass. CERTIFICATE OF PROBATE <br />Y, <br />At a session of the County Court, held in and for said County, at the County Court Room in <br />Hastings, on Tuesday, the 16th day of January, in the year one thousand nine hundred and forty =five. <br />Present,Fred G.Johnson, County Judge: <br />w IN THE MATTER OF THE ESTATE OF <br />LEONORA MERRITT, Deceased. <br />I, Fred G.Johnson, County Judge, in and for said County, do hereby certify that on this 16th <br />day of January, A.D. 1945, the instrument purporting to be the last will and testament of the said <br />Leonora Merritt, deceased, which was filed in this Court, on the 30th day of December, A.D. 1944, <br />and being the instrument to which this is annexed, was duly proved, approved, probated and allowed, <br />as the last Vill and testament of the said Leonora Merritt, deceased, in and for the State of <br />Nebraska; and it was ordered to be recorded in the records of the County Court aforesaid. <br />IN WITNESS WHEREOF, I have hereunto set my hand, and the Seal of said County Court, at Hastings, <br />this 16th day of January, A.D. 1945- <br />/s/ Fred G.Johnson <br />(SEAL) Judge of the County Court" <br />Lawrence S.Dunmire na med executor in said Will of the deceased having entered the service and <br />being unable to perform the duties of said trust imposed upon.him, filed his written declination <br />requesting that Sarah Ellen Taylor, sister of the deceased, located at Hastings, Nebraska, be <br />appointed administratrix with the Will annexed, and the court being satisfied that she was a suit- <br />able person to act and perform the duties as such, appointed the said Sarah Ellen Taylor adminis- <br />tratrix of the estate of said deceased on the 16th day of January, 1945, and she thereupon qualified <br />and has at all times continued to be and is now so acting and performing the duties. <br />That all of the personal property, cash and other assets that came into the possession of said <br />administratrix are as shown by the inventory, and the final account filed hereigith, and under the <br />authority of the court has been sold and converted into money. That the total amount received <br />was $5949.89, that she has paid all indebtedness and claims filed against said estate and has paid <br />the court costs and costs of administering upon the estate; that all debts and claims not filed <br />have become barred by lapse of time. That the total expenditures of the administratrix for all <br />purposes amount to the sum of $2168.89, and that she has remaining on hand for distribution a <br />balance of 43781.00. <br />That the deceased at the time of her death Taas� seized and possessed of the real estate described <br />in the inventory and hereinafter described; that no part of said real estate has been sold by the <br />administratrix under a license or authority from the court. <br />The court finds that William E.Merritt, the husband, and Alice Simmons, the sister, mentioned <br />in said last will and testament predeceased the said °•Leonora Merritt, that all other beneficiaries <br />named survived the deceased, and that under the terms and provisions of said last will and testa- <br />ment said balance of personal property and said described real estate should be ordered distributed <br />and assigned in equal portions to the beneficiaries named surviving and as follows: <br />Sarah Ellen Taylor - sister <br />Margaret Elizabeth Taylor - niece <br />James Karr Taylor - nephew <br />Helen Irene Taylor Pearson - niece <br />And now on this same day this matter comes on further for the appraisal of the property and <br />assets of the deceased for State Inheritance Tax purposes and in consideration whereof, the court <br />