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156
<br />WILL AND DECREE RECORD
<br />28081 —The Augustine Co., Grand Island, Nebr.
<br />beneficiary, and upon payment of said sum, that said Executors and Trustees be released from any
<br />liability therefor.
<br />The Court further finds that with the payment of said sum to the beneficiary, there will be no
<br />necessity for the continuance of an active trusteeship that the executors and Trustees and the
<br />beneficiary have requested that the possession of the real property be delivered to the beneficiary;
<br />he, the said beneficiary, to have sole charge of the possession, the income from the property, to
<br />manage the same, and to pay the expenses thereof upon his sole responsibility, leaving the title
<br />to said real estate in the Trustees as sole passive trustees for the sole use and benefit of the
<br />beneficiary during the lifetime of the said Thomas McCullough, and without any responsibility on
<br />the part of the Trustees to account for any income or liability therefor.
<br />The Court finds that said arrangement is fit and proper under the premises and should be ap-
<br />proved by the court, and that any trusteeship in this court should be dispensed with until such
<br />time as the Executors, under the terms of the last Will and Testament of Ira Gibson, deceased,
<br />conclude to sell any of the real estate involved in this estate.
<br />IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the further trusteeship be
<br />and the same is hereby dispensed with until the further order of the court; that the possession
<br />of said premises and the liability for collection of income and the responsibility for paying the
<br />expenses of managing the real estate, be and the same is hereby ordered transferred to the bene-
<br />ficiary, and the Executors and Trustees are released from any further responsibility therefor.
<br />The court further finds that Ira Gibson died intestate on May 25, 1946, in Hall County, Nebraska-
<br />that he was a citizen and resident of Hall County, Nebraska, at the time of his death; that he left
<br />a last will and testament, which has heretofore been admitted to probate and which probate has not
<br />been set aside or appealed from; that he left him surviving no widow, his wife having predeceased
<br />him, ,and no child or children, said children having predeceased him, but that he left two grand-
<br />children, the issue of a deceased daughter, who are his sole and only heirs at law, to -wit, Carl
<br />McCullough, being the same person described herein as Carl G. McCullough, and Martha Ellen Stevens,
<br />who is the same person as Martha Ellen McCullough.
<br />The Court further f Inds that the said Ira Gibson died seized of the following described real
<br />estate, to -wit:
<br />South Half of the Northeast Quarter ( S* NEJ) and the North Half of the Southeast Quarter (NJ
<br />SE4) of Section Fourteen (14), Township Eleven (11), North, Range Ten (10), West of the 6th P. M.,
<br />in Hall County, Nebraska;
<br />Lots Four, (4), Five (5), Six (6) and Seven (7) in Block Nine (9) in Clarkson's Addition to the
<br />Vill age of Alda, Hall County, Nebraska$,
<br />All of Lot Five (5) of the County Subdivision of the Nokest Quarter (NWT) and the West Half
<br />of the Northeast Quarter (W2 NEJ-) of Section Five (5), Township Ten (10), Range Ten (10), West of
<br />the 6th P. M., in Hall County, Nebraska, (save and except the following described parcel of land,
<br />to -wit: Commencing at the center of the section line at the northwest corner of Section 5, Town-
<br />ship 10, Range 10, West of the 6th P. M., in Hall County, Nebraska, thence in a southerly direction
<br />along the center of the West section line of said Section 5, a distance of 215 feet, thence in an
<br />easterly direction at right angles and parallel with the North line of said Section 5, a distance
<br />of 503 feet, thence in a northerly direction at right angles and parallel with the West section
<br />line of said Section 5, a distance of 215 feet, to the center of the section line on the north side
<br />of said section 5, thence in a westerly direction along the center of the said north section line
<br />of said Section 5 a distance of 503 feet, to the place of beginning, the same being a rectangular
<br />piece of ground 215 feet in width and 503 feet in length), containing 11 acres, a little more or
<br />less, according to the recorded plat thereof on file in the office of the Register of Deeds of
<br />Hall County, Nebraska.
<br />That under the terms of said last will and testament, the same was devised to William A. Reutlinger
<br />and Harold A. Prince, as trustees, with the powers as set forth in said last will and testament,
<br />and the same is hereby set off unto them as passive trustees,without any obligation or liability
<br />for the collection of the rents and profits therefrom, the same being assumed by the beneficiary,
<br />Carl McCullough.
<br />And now, the said William A. Reutlinger and Harold A. Prince, Executors, having filed the
<br />receipt of Carl McCullough for the balance remaining on hand and receipt for the taxes,
<br />IT IS HEREBY ORDERED, ADJUDGED AND DECREED BY THE COURT that the said Executors be and they
<br />are hereby discharged and their bond released, and this estate closed.
<br />Charles Bossert
<br />oun y edge.
<br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA
<br />CERTIFICATE
<br />STATE OF NEBRASKA, )
<br />ss. I, Charles Bossert County Judge of Hall County, Nebraska, do hereby
<br />HALL COUNTY ) certify that I have compared the foregoing copy of Last Will and
<br />Testament, Certificate of Probate thereof and Final Decree - IN THE
<br />MATTER OF THE ESTATE OF IRA GIBSON, DECEASED, with the original record thereof, now remaining in
<br />said Court, that the same is a correct transcript thereof, and of the whole of such original re-
<br />cord; that said Court is a Court of Record having a seal, which seal is hereto attached; that
<br />said Court has no Clerk authorized to sign certificates in his own name, and that I am the legal
<br />custodian of said Seal and of the Records of said Court, and that the foregoing attestation is in
<br />due form of law.
<br />IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the County Court,
<br />at Grand Island, this 4th day of December 1946.
<br />Charles Bossert-
<br />(SEAL) County Judge.
<br />Filed for record this 4 day of December 1946 at 4:50 o'clock P. M. OL, 4
<br />Register of Dee
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