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��� <br /> WILL AND DECREE R�CORD <br /> 28081—The Auguatine Co., Grand Island, Nebr. <br /> The Court finds that no inheritance tax is due to the State of Nebraska and th�.t this,�e tate <br /> is not sub,ject to federal estate tax. <br /> That the expenses of the last illness and death of the deceased, the expense of administering <br /> this said estate including Court Costs; attorneys fees and executors fees to t�1111iam Suhr have been <br /> paid, executors fees having been waived by Effie Valonis and Dick Valonis� <br /> That there remains in the hands of the executors no caah or personal property of any kind or <br /> nature for distribution. - <br /> The Court �urther finds that under the last will and testament of aust Valonis, deceased, , <br /> there was devised and bequeathed unto William Suhr, trustee, Por the use and benefit of the wife <br /> of the deceased, Fannie Valonis, a one-third interest in and to his estate together with the r3ght , <br /> of homestead and such pPrsonal property as she taould take under the l�,ws of the State of Nebraska <br /> had the decea��c� c�3.ed intestate; that Purther under the last will and testament of the �deceased , <br /> there was bequeathed to William Suhr, as trustee, for the use and benefit of Catherine Valonis, a <br /> daughter of the deceased, the sum of �1, 000.00; that under the last will and testam ent oP the de- <br /> ceased, there was beaueathed unto Dick Valonis, brother of the deceased, a one-half interest in the <br /> undivided one-half interest of the deceased in the co-partnership known as the Grand Island Ca.ndy <br /> Kitchen, Grand Tsland, Nebraska; that under the last will and testament of Gust Valonis, there was <br /> devised and bequeathed unto EfPie Valonis a one-half interest in the undivided one-hal� interest <br /> of the deceased in the Gra,nd Island Ca.ndy Kitchen, Grand Island, Nebraska, and further the undivi- . <br /> ded one-half interest of the deceased in the premises described as the Easterly One-Third (E 1/3) <br /> of �,ot Three (3) ,. Block Sixty-four (64) , in the Original Town now City of Grand Island, Hall Coun�y, <br /> Nebraska, title to which property is held in trust by William Valonis, and furthPr all the rest, . <br /> re�idue and remainder of the estate of the deceased sub�ject, however to the restriction that if <br /> tne estate of the deceased was not sufficient to allow the payment to ��illiam Suhr, trustee, of the <br /> one-third interest bequeathec� to him for the use and benefit of Fannie Valonis and the �1000.00 <br /> bequeathed to him for the use and benefit of Catherine Valonis, then and in that event Effie Valonis <br /> was required to pay to the trustee an amount sufficient to pay such bequests, such amount to be a <br /> lien upon the property devised and bequeathed to Effie Valonis. <br /> That the above legatees and devisees �,re the sole and only persons interested in this said <br /> eatate. � <br /> The Court further finds that on the 13th day of August, 1946, an order was duly made and <br /> entered appointino Carl E. ��Tillard, an attorney of Grand Island, Ha11 County, Nebraska, to be <br /> guax dian ad litem for the said Fannie Valonis for the purpose of pratecting her interests in this <br /> said estate and for the purpose of m�king an election for and in her beh�.lf whether to take under <br /> the last will and testament of the deceaged, Gust Valonis, or whether to take the property to which <br /> she is entitled under the laws of the State of Nebraska. Tha� thereafter and on the 26th day oP <br /> August, 19�+6, the said C�.rl E. Willard, Guarc�ian ad Iitem, duly filed his report and election for <br /> and on bPhalf of Fannie Va.lonis to take under thP will of Gust Valonis deceased �.nd not to take <br /> under the laws of' tne State of Nebraska. That thereaft�r and on the �th day of August, �947, an <br /> order was a_uly m�de and ent?red by the Court electin� for and on behalf of Fannie Valonis to take <br /> under the last will and testament of Gust Valonis, deceased. <br /> The Court further finds tha-t the estate oP the deceased consisted of the following personal <br /> property and real estate: " <br /> One_half interest in the co-partnership knourn as the Grand Island Candy Kitchen, such <br /> partnership consisting of partnership bank accounts, merchandise on hand, furniture <br /> and fixtures - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -�- �,1��•�g <br /> Checking account in Overland National Bank of Gr��,nd Island - - - - _ - _ - _ - - - � 3�3•�3 <br /> �'�3;��3�3� <br /> REAL ESTATE . <br /> One-half interest ir. the premises a,nd building described as the Easterly one- <br /> third of Lot Three ( 3) , Blocl� Sixty-four (6�-) , in the original town, nov� City, <br /> of Grand Isla,nd, Nebraska - - - - - - - - - - - - - - - - - - - - - - - - - - - - �12,250.00 <br /> Lot Seven (7) , Block Two (2) , in Hann's Second Addition to the City oP� Grand Island, <br /> Nebraska, less the present value of homestead intereat of' F'annie Valonis- - _ - _ � 2, 392•25 <br /> To'Gal Real Es tat e- - - - _ - _ �14, 642. 25 <br /> Total Value Real & <br /> personal Estate- - - - - - - - �1�,17�.17 <br /> That the above sum of �1�, 174.17 was the fair va,lue of the asse'ts of this estate as of the <br /> date of the death of the deceased. <br /> The Court further finds tha.t at the time of the death of the deceased the co-.partnership known <br /> as the Grand Isl�,nd Candy Kitchen was engaged in moving from quarters then occupied by it to new <br /> quarters in the building loc�ted on the East one-third of Lot Three (3) , Block Sixty-four (6�-) , in <br /> the Original Town, now City, oP Grand Island, Nebraska, which said building was owned one_half" by <br /> the deceased and one-half by WiZlia.m Valonis; that contracts h�,d been entered into for furniture, <br /> fixtures �.nd repairs on the building to be so occupied w?�ich said contracts were made by the d�- <br /> ceased and '�1i11ia.m Valonis prior to the death of the deceased; tha.t under an order of the Court all <br /> funcls in the partnership a.ccounts, the deceased �ersonal account and all rents received from the <br /> a,bove described buildin� were used and expended in the p�.yment of amounts due on account of such <br /> contracts anc� t�zere wa,s received by the executors no funds wh�,tever from the partnership or from <br /> the rental of the above builc?ing; that all disbursements as listed on the final report of' the <br /> executors herein iaere made from funds advaneed by EPfie Valonis and not from any funds which came <br /> into the hands of the executors. The Court finds that there was received in ren�al from such pro- <br /> perty an amount, 1 es s expens es, of �255�.6�, one-half�of whi ch, or the sum o� �1, 279. 32, should be <br /> added to the value of this said estate a.s heretofore set out making a total gross value of this <br /> estate the sum of �$19, �+53•�9• - <br /> The Court finds tha.t the expenses and cla.irns properly chargeable against this estate, as set <br /> out in final report herein, are in the amount of �1, 900.0 which sum when deducted from the gross <br /> value of this said estate leaves a net value of �17, 553.4� which said amount should be used as a <br /> base in determining the share and interest of Fannie Valonis in �.nd to this estate under the last <br /> will and testament of Gust Valonis. <br />� '"�'' <br />