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��'�' V�1II�L AND D�CI�.EE RECORD No. 10
<br /> 98892-THEAUGUST�NF.CO.GRANDISLAND,NEBY. '
<br /> (2) The court further finds that no objections have been filed or �nad� to the accvunt rendered by tl�e executor
<br /> or to the relief prayed for in the petition for final settlea�ent but, nvtwithstanding tMe absence of objECtions, the
<br /> court has examined the said Paul Kosch in open cou.rt with respect to said account and the court is satisfied as a
<br /> result of such exa�nination th�,t the executor has �ully accounted f or all of tl�e assets coming into his ha,nds of and
<br /> beloMging to said estatc, has �ade only such disburse�nents as are anthorized by law, bp the ter�►s of the last will
<br /> and tcstan�ent uf Her�nan ,T. Kosch, deceased, and by the orders of this court, and that it a,ppears to this court that
<br /> said final report and account should be in all �hYngs approved and eonfir�ed.
<br /> (3) The court further finds that Her�an .�. Kosch died testate on May 9, 1949, lea�vin� a la�t will a.nd testa,xent
<br /> which was duly ad�itted to probate and probated hereir� on ,june 18, 1949. That na appeal has beeb taken or perfected
<br /> froa� the order admitting said wi11 to probatc, �,nd that the order of ad�eission has beco�e final,
<br /> (4) The court further finds that th� said Heru�an J, KosEh left survivin� hina �,s his sol� and only heirs at la�w
<br /> his s� children, Paul A. Kosch, Arthur 1. Kosch and Tohn ,�. Kosch, his sons, 'all reaidents of Butler County, Nebraska,
<br /> a�d Catherine M. Kosc�, Im�ogene R, Perkins and Mary Alic� Kosc� (also known as Siater Clothaire), residing in the
<br /> City of Chicago in th� State of Tlliraois. That the said I�aogenc R. Perkins reaides in Ki�sball County, Nebraska, and
<br /> the said Catherine M, Kosch is a resident of David City, Neb�Fa�ka, and that �ach and all of said heirs are of age and
<br /> co�apetent to �+anage th�ir awn respective estates.
<br /> (5) The court further finds that the �aid aix children and heirs at law of Her�an .T: Kosch are also the
<br /> beneficiaries under the ter�s of his last will and testan�ent of a11 of the estate of which Her�.n .T. Kasch died aeiz�d.
<br /> (6) 'The court further finds that the said Hern�an .T. Kosch died seized of the fallc�win� de�cribed real e�tate,
<br /> to wit: All of Section Eight (�3), Town�hip Sixteen. (16), North, Ran�e Fifty-five (55), and all of the Southwest
<br /> Quarter (STa4) of Section 'I�,i�nty-eight (28), Tc>wnship Sixteen (16), North, Rangc Fifty-t�ree (53), all West of' the
<br /> Sixth Principal M�ridian in Ki�nball County, Nebra�ka; an undi�vided one-third of the South Half (S2) of Section
<br /> Thirty-fcrur (34), in �aid Township and Range last �entioned in Kianball County, I�Tebraska; An undivided one-twelfth
<br /> interest in the South�ast Quarter (SE1) of Section Four (4), the West Half of the Northeast Quarter (W2 NE4), the
<br /> East Half of the I�orthw�st Quarter (E2 NW4), the Sauthwest Quarter of the Northwest Quarter (SW4 NW4), and the W�st
<br /> Half of the Southw�at Quarter (W2 SW4) of Section Three (3), and th� Northwest Quarter (r'W4) of Section Ten (10), all
<br /> in Townahip Fifte�n (15), Iv'orth, Range One (1), East of the Sixth Principal Meridian in Butler Countg, I�'ebraska; and
<br /> an undivided one-twelfth of the West 78 acres of the North Half of the l�;ortliwest Quarter (N2 NW4) of Section Two (2),
<br /> Tawnship Nine (9), North, Range 'l�leve (12), and the Southeast Quarter of the Southwe"st Quarter �SE4 SW4� of Section
<br /> Thirty-fiv� (35), Township Ten (10), North, Range 'lt��lve (12), all West of the Sixth Principal Meridian in Hall County,
<br /> Nebraska; all of the Sou�thea�t Quarter (SF4) of Section Twenty-five (25), Towa�ship Seventeen (17), Nort�, Rangc Six
<br /> (6), East of the Sixth Principal Meridian in Saunders County, Nebraska; the West Half of the Sauthwest Quarter (W2 SW4)
<br /> of Section. Thirte�n (13), the Southeast Quarter (SE4) of Section Twenty-two (22), the Southwest Quarter (SW4) of
<br /> S�ction 'l�ier�ty-five (25), the East Half of the Sontheaat Quarter (E2 SE4�, th� West Half of the Southwest Quarter
<br /> (WZ SW4), and the West Half of the East Half of the Southwest Quarter (�J2 E2 SW4), all in S�ction Twe�ty-six (26), a.nd
<br /> the East Half of the Southeast Quarter (EZ SE4) of Section Twcnty-aeven (27), all i.n .Township Sixteen (16), I�'orth,
<br /> Range Two (2), East of th� Sixth Principal Meridian in Butler Countp, Nebraska.
<br /> (7) The court further f inds that all clainls filed and allvwed against said estate have been paid and discharged,
<br /> that the tim� for f iling clairns against said estate has expired, �.nd clai�as against said estate were barred by a.n
<br /> order of this court er�tered Nove�ber 16, 1949.
<br /> (8) The court further finds that the federal estate taac and the state inheritance tax chargeable against aaid
<br /> estate bp opera,tion of law have been fully deter�ined and paid and discharged. �
<br /> (9) Th� c ourt fu.rther finda that the beneficiaries of said estat� under the terr�tt� of said will have agreed, in
<br /> the tern�s of th� signed agreemenr. (Exhibit TfB1t) which is attached to and m�ade a part of the petition for final
<br /> s�ttlement, that the property that cau�e into the hands of the cxecutor, pursuant to t�e order entered by this court
<br /> on the 29 day of ,Tune, 1951, may be transferred by th� executor for the purposes hereinafter set forth.
<br /> (10) The court further finds that the testator was married but onc�, and that Loretta Mae Kosc1�, his wife, prede-
<br /> ceased hi�a, dying intestate on or about the 17th day of Decea�ber, 1946, and t�at at the tin�e of her death ahe was
<br /> seized in fee sin�ple of the South Half (S2) of Section Thirty-four (34), and the Northwest Quart�r (NW4) of Section
<br /> Tt�entp-one (21), all in Te�wnship Sixteen (16), Nartl�, Range Fiftp-three (53), We�t of the Sixth Principal Meridian in
<br /> Kin�ball County, I�'ebraska, and of a.n undividcd on�-fourth of the said lands in Sections Two (2) and Thirty-five (35),
<br /> located in Hall County, Nebraska, and of an undivided one-fourth of all of said above described lands located in
<br /> Section Three (3), Four (4), and Ten (10), in. Township Fifteen (15), North, Range One (1), East of th� S uth 'Principa�
<br /> Meridian in Butler Cauntp, Nebraska, ar�. that she left surviving her her husband, the said Her�an J. Kosch, sir�ce
<br /> deceased, and her six children, all of whom survived th�ir aaid father, Hern�an J. Kosch. That all of the interests
<br /> she cn�+r�ed in any real. estate vested, at the ti�e of her death, an undivided ane-third in her husband and an undinided
<br /> one-ninth in each of said children. That prior to t�e d�ath of Herman J. K;vsch he and his said six children sald and
<br /> conveyed all of .their inter�st in the Rorthwest Quarter (IvTW4) of said Sectio� 'l�entp-+�n� (21).
<br /> (11) The court furtl�er finds that tl�e si�c children, who are the sole and onlq heirs of the said Herman ,T. Kosch,
<br /> deceased, and the sole beneficiaries under the ter�ns of his will, �greed by, between and arKOn.g thea�selves that the
<br /> real esta.te of which Her�an .�. Kosch died seized, and the r�al estate of which Laretta Mae Kosch di�d s�ized {except
<br /> the in.terest in the lands in Ruticr County, Nebraska, a11 the Northwest Qua.rter (NW4) of said Section Twenty-one (21)
<br /> in Ki�b�ll County, N�braska, and the interest in the lands in Hall County, Nebraska, of which s�.id Loretta Mae Kosch
<br /> died seized) be voluntarily partitioned and divided in kind by, between and a�on� said siac children of said
<br /> Herman J. Kosch and Loretta Mae Kosch in accord with their rights as heirs of Loretta Ma� Kosch in the Ki�ball County,
<br /> Aiebraska, 1and, and in accord with their right, title an.d interest vested in each by and in accord with th� terms of
<br /> the l�st will of th� said Hernaan I. Kosch, deceased, and that to cornplet� and effect said partition mirt ual convcyancea
<br /> have been made to or for the int�rest of each said child of the share he or she takes in severalty.
<br /> (12) By agreement of the parties in interest the �na.chinery and stocks are to be distributed by the executor in
<br /> this way:
<br /> (a) To Arthur j. Kosch the r�achinery described in Exhibit �tAf� and attached to and �ade a part of the petition
<br /> filed herein February 17, 195�,
<br /> (b) To Tohn 1. Kosch the machinery scheduled in Fxhibit t1B�t attached to and forr�ing a part of the petition
<br /> her�in filed February 17, 1950, and 1 share of the capi.tal stock of the Farmers Grain Company of Bellwooci, Nebraska.
<br /> (c) To Paul Kosch 2 shares of the capital stock af the LTnion Co-operative Company of Cedar Bluffs, N�braska.
<br /> (d.) To John ,1. Kosch 1 share of stock of the Consu�ners Co-op. Oil Company of tiellwood, Nebrask�,.
<br /> (e) To each of Catherine M. Kosch, Imogene R. Perkins and Paul A. Kosch 26 sl�ar�s of the capital stock of the
<br /> David City Alfalfa Company, and to each of Arthur T. Kosch and John ,J. Kosch 27 shar�s of said stock.
<br /> (f) To Paul A. Kosch (al�a ic�entified as Paul Kosch) 40 shares of the capital stoek of the First Rational Bank ,
<br /> of David City, hebraska, And r,he cash on hand shall be distributed by the �xecutor ta ?the pa.rties in int�rest as and
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