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MAKM
<br />NO. 9 HALF COUNTY
<br />Grand Island, this 17th day of June, 1946.
<br />Charles Bossert
<br />(SEAL) County Judge
<br />Filed for record this 17th day of June, 1946, at 2:00 o'clock P.M.
<br />e stir of Deeds
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<br />WILL AND DECREE.
<br />IN COUNTY COURT OF HALL COUNTY, NEBRASKA.
<br />In the matter of the estate of
<br />Oscar Wells, � FINAL DECREE.
<br />Deceased. )
<br />Now, on this 12th day of July, 1924, this cause came on for hearing upon the final report of
<br />Florence A.Kelso, executrix, and William J.Kelso, executor, of the last will and testament of
<br />Oscar Wells, deceased, and upon their petition for a settlement of said estate and their discharge
<br />herein, and the Court having examined said report, the records and files in said estate and being
<br />duly advised in the premises, finds that due and legal notice has been given to all persons in-
<br />terested in said estate of the time and place fixed for hearing upon said final report as hereto-
<br />fore ordered by the Court.
<br />And no one appearing to object to said final report, the Court examined the same, together
<br />with the vouchers on file and the testimony in support thereof, and being duly advised in the
<br />premises the Court finds that said report is true and correct in all things and ought to be
<br />approved and allowed as and for the final report of said executrices.
<br />The Court further finds that said Oscar Wells departed this life, testate, on the 24th day of
<br />June, 1923, and at the time of his death he was a resident and inhabitant of Grand Island, in
<br />Hall County, Nebraska.
<br />The Court further finds that on the 28th day of Jund,1923, Florence A.Kelso and William J.
<br />Kelso filed in this court their duly verified petition, praying for the allowance and probate of
<br />an instrument purporting to be the last will and testament of the said Oscar Wells, deceased,
<br />that the Court thereupon fixed the 25th day of July, 1923, as the date for making proof of said
<br />will, and due notice of the filing of said petition and of the time and place fixed for the hearing
<br />thereon was given by the Court in the manner provided by law, and on the 25th day of July, 1923,
<br />being the date fixed for that purpose, said instrument was duly proven, allowed and admitted to
<br />probate in this Court as and for the last will and testament of the said Oscar Wells, deceased,
<br />and letters testamentary were duly issued thereon to said Florence A.Kelso�. executrix, and William
<br />J.Kelso, executor, as named in said will and they duly qualified as such.
<br />The Court further finds that due and legal notice has been given to all persons of the time and
<br />place fixed by the court for the filing of claims against said estate and that the time s© fixed
<br />has fully expired and that all persons having claims against said estate, if any such there be,
<br />are forever barred and excluded from setting up or asserting any such claims against said estate.
<br />The Court further finds that said Oscar Wells died seized as the owner in fee simple of the
<br />following described real estate situated in the county of Hall and state of Nebraska, to -wit:
<br />All of Lot One (1) in Block Seventy -seven (77), in the Original Town of Grand Island, now
<br />City of Grand Island, Hall County, Nebraska;
<br />All of Lot Eight (8) in Block Seventy -seven (77), in the Original Town of Grand Island,
<br />now City of Grand Island, Hall County, Nebraska, excepting the northerly 42 feet of said
<br />Lot 9, Block 77.
<br />That by the terns of said last will and testament of said Oscar Wells, deceased, said real estate
<br />passed and descended, as a part of the residue of said estate, to Florence A.Kelso,residuary
<br />legatee, in fee simple.
<br />The Court further finds that under and by the terms of Paragraph 2 of said last will and testa-
<br />ment of said Oscar Wells, deceased, said executrices have paid to the Equitable Trust Company of
<br />Omaha the sum of Five Thousand Dollars, to be by it held in trust and invested and re- invested in
<br />good safe, interest - bearing securities, and the net interest and income derived therefrom to be
<br />paid by said Trustee, semi - annually, to the grand - daughter of said deceased, Ruth Kelso, until she
<br />arrives at the age of twenty -one years, when the principal sum of Five Thousand Dollars, and all
<br />unexpended income therefrom, shall be paid by said Trustee to her. Should said Ruth Kelso the
<br />before reaching the age of twenty -one years, leaving a child or children surviving her, then the
<br />said principal sum of Five Thousand Dollars, and all unexpended income therefrom, shall be paid
<br />to such child or children, in the proportion provided by the law of descent'in Nebraska. In case
<br />of her death before she reaches the age of twenty -one years, without leaving child or children, her
<br />surviving, then said principal sum, with all unexpended interest, shall be paid to the daughter
<br />of sai( Oscar Wells, deceased, Florence A.Kelso, if living, and in case of her death prior to the
<br />period when said payment would be made to her, Ithen said principal sum, and all unexpended in-
<br />terest, shall be paid to the son -in -law of said Oscar Wells, deceased, William J.Kelso, husband
<br />of said Florence A.Kelso, and father of said Ruth Kelso. Provided, however, if said Rulh Kelso
<br />Is twenty -one years of age at the time of the death of said Oscar Wells, the said Five housand
<br />Dollars shall be paid to her direct in the due course of the administration of his estate. And
<br />that said Equitable Trust Company of Omaha, Nebraska, has filed herein a written acceptance for the
<br />performance and discharge of said trust.
<br />The Court further finds that under the terms of Paragraph 3 of said last will and testament of
<br />said Oscar Wells, deceased, said executrices have paid to the Equitable Trust Company of Omaha,
<br />Nebraska, as trustee, the sum of One Thousand Dollars, to be by it held in trust for the follow -
<br />ing uses and purposes: To invest and re- invest the same in good safe, interest = bearing securities,
<br />and the interest and accumulation thereon to be added to the principal and held intact until the
<br />First Presbyterian Church of Grand Island, Nebraska, shall build a new church edifice, when said
<br />sum, and all accumulations thereon, shall be paid to the Trustees of said church, to be used
<br />solely for such building purposes, and none other, and said Equitable Trust Company has filed a
<br />written acceptance herein for the performance and discharge of said trust.
<br />The Court further finds that said executrices have paid to the Home Missionary Society of the
<br />Presbyterian Church of the United States the sum of Five Hundred (500.00) Dollars and paid to the
<br />Foreign Missionary Society of the Presbyterian Church of the Unite States, all as provided in
<br />Paragraph 4 of said last will and testament, and have paid to the rustees of Hastings College, of
<br />Hastings, Nebraska, the sum of Five Hundred Dollars, and to the Trustees of the Grand Island
<br />Baptist College, of Grand Island, Nebraska, the sum of Five Hundred Dollars, for the general use
<br />of said respective colleges, the same to be used and expended at the discretion of the Trustees
<br />thereof in the conduct and support of said respective colleges, as provided in Paragraph 5 of said
<br />last will and testament, and have paid to the Trustees of the First Baptist Church of Elizabeth,
<br />West Virginia, the sum of One Hundred Dol]Arp, to be by them used in furnishing a room in the
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