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�64 WILL AND DECREE RECORD 20081 —The Augustine Co., Grand Iela.nd, Nebr. h That the time limited for filing claims against the estate of the deceased by the order of this Court, notice of which was duly given, expired on the 25th day of May, 1947; that one claim was filed herein which has been paid; that any and all other claims against the estate of -the deceased have become and are barred. That the deceased left surviving him as his heirs at law and next of kin Marie Damerell, widow of the deceased, and Gwendolyn Damerell Hutton, daughter of the deceased, and he left surviving him no other daughter, no son, and no child of any deceased child; that Marie Damerell was the second wife of the deceased and was not the mother of his daughter. That the executor has filed herein a report showing each item received by him and each item expended by him from the time of his appointment to and including the 20th day of August, 1947; that said report is true and complete to said date, and each item of disbursement as shown therein was expended for and on behalf of the estate of the deceased, and said report should be examined, approved and confirmed by the Court; that he has paid in addition to the disbursements shown in said report since August 20, 1947, the inheritance tax assessed herein, $110., the compensation of the executor as determined and fixed by the Court herein, $650., and the compensation of the attorneys for the executor and the estate, $800. That proceedings have been had herein for the appraisement of the estate of the deceased for state inheritance tax; that the Court has by order herein, fixed and determined the liability of the estate of the deceased and the beneficiaries thereof for state inheritance tax, and the amount found and assessed by the Court has been paid and the receipt showing the payment thereof has been filed and is on file herein; that the executor has paid the federal estate tax on the estate of the deceased in accordance with the Acts of Congress in reference thereto; that all liability of the estate of the deceased, including costs of this proceeding, the expenses incident to the last illness and death of the deceased, and all other liabilities of the estate has been paid including the compensation of the executor which the Court finds, because of the services rendered and work done by him is of the reasonable value and should be fixed and allowed at the sum of $650., and the compensation of the attorneys for the estate of the deceased and the representative there- of, and the Court finds that the reasonable value of the legal services performed by them for the estate and the representative thereof, is of the reasonable value and should be fixed and allowed at the sum of $800. That the real estate belonging to the deceased at the time of his death and hereinafter described, should be assigned to Marie Damerell, the widow of the deceased, by absolute title in fee simple, in accordance with the terms of the will of the deceased, she being the residuary devisee therein; that all personal property owned by the deceased of every nature and kind not disposed of during the course of this administration of the estate of the deceased should be distributed to Marie Damerell, the widow of the deceased, she being the residuary legatee named in the will of the deceased, by absolute title; that the net balance of cash in the hands of the executor after the payment of all liability of the estate, including the claim allowed herein, the costs and expenses of administration, state inheritance tax as assessed herein and federal estate tax, is the sum of $300.50, and said amount should be and is hereby distributed to the widow of the deceased and paid to her by the executor. That the legacies given and bequeathed by paragraphs designated Second, Third, Fourth, Sixth and Seventh of the will of the deceased have each been paid and fully satisfied, and the will and codicil thereto of the deceased in that regard has been wholly executed; that John Perry Damerell, brother of the deceased, died prior to the death of Robert Ray Damerell, and the legacy given and bequeathed by the part of the will of the deceased designated Fifth, thereupon lapsed and became inoperative; that Marie Damerell, the widow of the deceased, has elected to accept and be bound by the provisions and terms of the will of the deceased and she has waived her right to elect not to take under and in accordance with said will. That each and all of the acts of Thomas Frahm as file executor of the will and estate of the deceased done and performed by him on behalf of the estate of the deceased and in reference thereto are legal, just and correct, add they and each of them should be approved and confirmed by the Court and Thomas Frahm, as such executor, should be and he is hereby discharged, his bond relieved and acquitted of any liability herein, and said bond should be and is hereby cancelled. That the last will and testament and the codicil thereto of Robert Ray Damerell, deceased, filed herein on January 2nd, 1947, were on the 20th day of January, 1947, duly probated herein, and the certificate of probate was thereto attached and the will, codicil and certificate duly re- corded in this Court as provided by law; that the order of the Court admitting said will and codicil to probate has become and is final, and said will, codicil and certificate are as follows: "LAST WILL AND TESTAMENT OF ROBERT R. DAMERELL of Hastings, Nebraska Realizing the certain fact that life must end sooner or later, and that it is given and taken away at the Will of the Supreme Being, I wish at this time to express my desires for the disposition of any wordly estate I may own at the time of my death. In accumulating the property I am about to bequeath, I am indebted much to my former beloved wife, Lorene E. Damerell, now passed on, for her help and kindness. First -I desire that all just debts which I may owe at the time of my death, including the expenses of my last sickness and also the expenses of my funeral, be paid out of any personal property I may own at the time of my death. Second -I hereby bequeath fifteen thouea,nd dollars ($15,000) of my personal estate which is now invested in farm mortgages to my beloved daughter, Gwendolyn Damerell Hutton, now of Seattle, Washington, and I authorize my executor, hereinafter named, to select the notes and mortgages to make up the above amount for her from those listed in my personal estate. Third -I desire that twelve thousand dollars ($12,000.) of my personal estate which is now invested in farm mortgages be placed in Trust, and as these mortgages mature to be reinvested in safe interest bearing securities, and the income therefrom be also placed in a separate Trust Fund to be paid out and used for the benefit of Robert Charles Hutton, my grandson, in paying expenses of every kind and nature during the years or time he may atteAd the public schools or college, university or any advanced school of his choice. After he has completed his schooling, the income from said Trust shall be paid to him to be used as he may desire, until the time when he shall have reached the age of thirty years, then the said twelve thousand dollars ($121000.) in cash or securities, shall be paid over to the said Robert Charles Hutton, and the Trust ended. I desire that his mo ther, Mrs. Gwendolyn Damerell Hutton be appointed Trustee to administer this Trust. In case the said Robert Charles Hutton dies before he reaches the age of thirty years I direct this C r1 0 L� 1