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213:3 NO. 9 HALL COUNTY The Court further finds that each of the persons interested in this estate have filed their approval of said Final Report and have requested the Court to appoint Edward Hu,,7aldt as trustee in the manner and form provided by law. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the Final Report of Edward Huwaldt, Executor, be and the same is in all things ratified, approved and confirmed. The Court further finds that there should be allowed the said Edward Huwaldt, as executor, for his services, not only the ordinary executor's fees, but for the extraordinary services rendered by him, a total of $307.00. The Court further finds that the estate was not subject to inheritance tax, either federal or state. The Court further finds that all claims filed in the estate have been paid in full. that the expenses of last illness and expenses of administering time estate, including the court costs, have been paid in full. The Court further finds that there is a. balance remaining in the hands of the Executor in the sum of $4,954.17. The Court further finds that the widow has elected to take under the Statute and that she is entitled to her statutory allowance of $200.00 plus one - fourth of the remainder. The Court further finds that the Executor has prayed for an order, ordering him to distribute said balance in accordance with the provisions of the last will and testament and the election of the widow. IT IS, THEREFORE, ORDERFD. ADJUDGED AND DECREED BY THE COURT that the Executor do pay to himself the :sum of 1307.00 for his executor's fees; that he then pay to Fannie E. Hansen, the widaw, the sum of 11388.54 being the sum of $200.00 plus her distributive share; that he pay to Juanita Redfern the sum of $1782.81, to Paul Ruple the sum of $891.41 and to Phyllis Rupple the sum of $891.41. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that there will be left the unpaid balance on the Mary Casler contract and the real estate, which the said Hans P. Hansen owned at the time of his death, and the same should be delivered to the said Edward Huwaldt, as trustee, in accordance with the last will and testament. The Court further finds that there may be some miscellaneous income or expenses since the filing of the Final Report, but -uhat the same can be accounted for by the said Edward Huwaldt, as trustee. The Court further finds that Hans P. Hansen, being one and the same person as H.P. Hansen, died on March 31, 1946, leaving a last will and testament, which has heretofore been admitted to probate and which probate has never been set aside or appealed from; that the said Hans P. Hansen was at the time of his death a resident of Grand Island, Hall County, Nebraska; that he left surviving him -, a widow, who ha.s elected to take under the Statute in the manner and form provided by law, which widow, however, was not the parent of any of the children, the said Hans P. Hansen having been married before and his first wife having predeceased him, and one daughter, Juanita Redfern, and two grandchildren, Paul We Ruple and Phyllis Ruple, the son and daughter respectively of a, daughter of the said Hans P7. Hansen, who predeceased him; that the said daughter and granchildren are of lawful -2- age and they, with the widow, constitute the sole and only heirs at law of the said Hans P. Hansep, deceased. The Court further finds that the said Hans P. Hansen was at the time of his death the owner of the following described real estate, to -wit: The East Half of the Southeast Quarter (E,SEJ) of Section Eight (8) and the Northeast Quarter of the Northeast Quarter (NE4NE4) of Section Seventeen (17), both in Township Eleven (11), North, of Range Eight (8), West of the 6th P.M., in Merrick County, Nebraska; Lot Five (5) and the Westerly twenty -two (22) feet of Lot Six (6), in Block Twenty -nine (29),of the Original Town, now City, of Grand Island, Nebraska; Lots Nine (9) and Eleven (11) in Block Ten (10) in Scarff's Addition to West Lawn, in the City of Grand Island, Nebraska, which had been sold under contract, and which contract, however, is in default; Lot Seventy -eight (78 in Belmont Addition to the City of Grand Island, Nebraska; and Lot Eight (8) in Block Four t4) in ilbert's Addition to the City of Grand Island, Nebraska. That none of said pieces of land constituted the.home and homestead of the said Hans P: Hansen at the t1ite of his death. The Court further finds that by operation of said last will and testament and the election of the widow to take under the statute, the widow, Fannie E. Hansen, is now by operation of law and said last will and testament, the owner of an.undivided one - fourth interest in and to each and all of said pieces of real estate, and Edward Huwaldt, as trustee, is the owner of the remaining three- fourths, subject to the terms and conditions of said last will and testament. Whereupon, the said Edward Huwaldt in open court, in accordance with the provisions of said last will and testament, did. give notice to the court that said Phyllis Ruple, granddaughter, had reached the age of twenty -one, that the devisees agreed unanimously that-the trust should be terminated and the property sold and the proceeds divided in accordance with the interests of the -3- persons interested therein; that he, as trustee, has elected to terminate the trust; whereupon the Court did fix the additional bond of the trustee in the sum of $10,000/00, conditioned as provided by statute. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the Final Report of the said Executor be approved; thI,t he delivered to himself, as trustee, the real estate, exclusive of the widow's interest therein; that he distribute the money on hand, and that upon filing receipts for the same, and receipt as trustee for the custody of the real estate, he be discharged as executor and his bond released, but that he continue as trustee.