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<br />28081 —The Augustine Co., Grand Island, Nebr.
<br />WILL AND DECREE RECORD
<br />Richard B. Stehr, nephew
<br />Watertown, South Dakota
<br />Ernest F. Stehr, nephew
<br />1011 South Broadway
<br />Wichita, Kansas
<br />(Children of Emma Stehr, a deceased sister)
<br />Rudolph N. Kuester, nephew
<br />114 South 14alnut Street
<br />Grand Island, Nebraska
<br />( Son of Richard M. Kuester, a deceased brother)
<br />that she was never married and left no other hairs; that the above -named persons are the sole and
<br />only heirs of her estate.
<br />2. That on the 27th day of July, A. D., 1946, the last will and testament of the said Augusta
<br />I. Kuester was duly proved, allowed and admitted to probate, and on said date Emil F. Roeser and
<br />Henry P. Zieg were appointed executors, qualified as such and have been acting in said capacity
<br />ever since.
<br />3. That due notice was given to creditors of the time limited within which to file claims
<br />against said estate; that such time has duly expired, and all claims against said estate, including
<br />the expenses of the last illness of the decedent, her funeral expenses, and the costs and expenses
<br />of administration, and all special bequests provided in said will, have been paid in full; that
<br />the further presentation and hearing on claims against said estate has been forever barred by the
<br />former order of this court; that the inheritance tax due the State of Nebraska has been determined
<br />and assessed against some of the residuary legatees in the sum of $815.68 by the former order of
<br />this court, and is unpaid; that there is no federal estate tax due the United States of America.
<br />4. That the report of the executors filed herein is in all things true, correct and complete
<br />and should be approved and allowed; that there remains in the hands of the executors of distribution
<br />a.balance of $25,090.31; that the residuary legatees have agreed in writing and assigned to Mrs.
<br />Margaret Eusden, 316 South Walnut Street, Grand Island, Nebraska, the sum of $250.00, and to the
<br />said Rudolph N. Kuester the sum of $1500.00, Mich sumes the decedent intended to bequeath to them
<br />in a codicil, which she requested drawn on June 27, 1946, to be prepared and signed on July 1, 1946;
<br />that she died before said codicil was executed and said assignment was made for the purpose of
<br />carrying out her wishes; that said written agreement and assignment is filed herein; that after the
<br />payment of said amounts, the balance of $23,340.31 should be distributed to Hilda Holly, Kenneth
<br />Kuster Bessie Kuster Ginn, Rudolph N. Kuester and Hedwig Hann, to each an undivided 1 737th thereof,
<br />being k630.81, and to Emma S. Jolla, Otto Schwartz, Wallter N. Nielsen, Elmer E. Nielsen, Clara
<br />Nielsen Zieg, Nellie Stehr Traill, Richard B, Stehr and Ernest F. Stehr, to each and undivided
<br />4 /37ths thereof, being $2523.28, in accordance with the terms and provisions of Paragraph XXIII
<br />of the last will and testament of the said Augusta I. Kuester, deceased; that in accordance with
<br />said written agreement of the residuary legatees, Rudolph N. Kuester is to reimburse the last
<br />eight named of them the sum of $7.57 each for inheritance tax assessed against them, leaving a
<br />balance due the said Rudolph N. Kuester under said assignment of $1,439.44• that from the bequests
<br />of the last eight named residuary legatees of $2,523.28 each, and the sum 17.57 deducted for each
<br />from the said Rudolph N. Kuester, there should be deducted the inheritance tax assessed against
<br />each of them in the sum of $101.96, leaving a balance due to each of them of $2,428.89.
<br />5. That the said Augusta I. Kuester died seized and possessed of Lots 11 and 12, in Block 6,
<br />in Hann's Third Addition to the City of Grand Island, Hall County, Nebraska; that said real estate
<br />was sold by the executors in accordance with the terms and provisions of said last will and testament
<br />of Augusta I. Kuester, deceased, and accounted for the same' in their final report.
<br />IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED BY THE COURT:
<br />I.
<br />That the report of Emil F. Roeser and Henry P. Zieg, executors, filed herein, be and the same
<br />is hereby in all things approved and allowed as and for their final account and in full settlement
<br />of their trust; that upon filing receipts for the residue of said estate they be discharged as
<br />executors and released from all further liability on their official bond.
<br />Ii.
<br />That Augusta I. Kuester died testate on the 30th day of June, A. D., 1946, a resident of Hall
<br />County, Nebraska; that she left surviving her as her next of kin and heirs -at -law the said Hedwig
<br />Hann, Wanda Kuester, sisters, Gustav Kuster, brother, Henry Schwartz, nephew, Emma S. Jolla, niece,
<br />Otto Schwarts., Walter N. Nielsen, nephews, Clara Nielsen Zieg, niece, Elmer E. Nielsen, nephew,
<br />Nellie Stehr Traill, niece, Richard B. Stehr, Ernest F. Stehr and Rudolph N. Kuester, nephews;
<br />that she was never married and left no other heirs, and that the above named persons are the sole
<br />and only heirs of her estate.
<br />III.
<br />That the residue of said estate, to -wit: $25,090.31, be distributed and paid as follows:
<br />Mss. Margaret Eusden
<br />- Assignment
<br />$ 250.00
<br />Rudolph N. Kuester -
<br />Assignment
<br />1,439.44
<br />Charles Bossert,, Co.
<br />Judge,
<br />Inheritance
<br />Tax 815.68
<br />Hilda, Holly -
<br />1 /37th
<br />of residue
<br />630.81
<br />Kenneth Kuster
<br />"
<br />" "
<br />630.81
<br />Bessie Kuster Ginn
<br />"
<br />" "
<br />630.81
<br />Rudolph N. Kuester
<br />"
<br />" "
<br />630.92
<br />Hedwig Hann
<br />"
<br />" "
<br />630.82
<br />Emma S. Jolla
<br />4/37th
<br />of residue,
<br />less inheritance
<br />tax 2,'428.99
<br />Otto Schwartz
<br />"
<br />" "
<br />2$429.99
<br />Walter N. Nielsen
<br />"
<br />" "
<br />20428.89
<br />Elmer E. Nielsn
<br />n
<br />" rr
<br />2)428.99
<br />Clara Nielsen Zieg
<br />2,428.89
<br />Nellie Stehr Traill
<br />a
<br />" rr
<br />2042$.89
<br />Richard B. Stehr
<br />"
<br />If 11
<br />2)429.89
<br />Ernest F. Stehr
<br />"
<br />" "
<br />2)428.89
<br />in accordancw with the terms and provisions of Paragraph XXIII of the last will and testament of
<br />Augusta I. Kuester, deceased.
<br />/s /Charles Bossert
<br />County Judge
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