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<br />NO. 9 HALL COUNTY
<br />from November 1, 1943, this cause came on to be heard upon the final report of Arthur C. Menck,
<br />administrator, with the will annexed of the estate of August C. Menck, deceased, and it appearing
<br />to the satisfaction of the Court that notice has been given to all persons interested as to the
<br />filing of said report and of the time appointed for final settlement of said estate by
<br />publication, as required by the order of this Court, and no one appeared to object to the allowance
<br />of said report.
<br />"On examination thereof, the Court finds that the administrator, with the will annexed, has
<br />accounted for all of the estate of said deceased, which cane into his possession; that his final
<br />report showed the receipts and disbursements, and that there was a balance on hand, but not
<br />sufficient to pay the administrator's fees, in the sum of ;300.00; that the balance on hand was
<br />the sum of $172.68; that the administrator's fees were #300.00 and that there is a balance due
<br />the administrator in the sum of $127.32, but that he releases the estate from said claim and will
<br />.recover said amount from future rents from said property.
<br />!'' IT I0 THEREFORE ORDERED BY THE COURT that the report of said administrator be approved and allowed.
<br />"The Court further finds that notice was given to creditors of the deceased of the time allowed
<br />for filing claims; that said time has expired; that all claims filed against the estate have been
<br />paid, and if there are any claims which have not been filed, the same are barred and precluded.
<br />"IT IS HHEREFORE ORDERED BY THE COURT that all persons are barred from filing or setting up any
<br />claims against said estate.
<br />"The Court further finds that the said August C. Menck departed this life on September 6, 1937;
<br />that he left a last will and testament, in which his wife, Linnie K. Menck was named as executrix;
<br />that she preceded her husband in death, and that said will was admitted to probate after due notice
<br />was given of the filing of the petition for probate; that Arthur C. Menck was appointed as admin-
<br />istrator with the will annexed.
<br />"The Court further finds that at the death of the said August C. Menck, he was the owner of
<br />Lot 5, in Block 31, in the Original Town now City of Grand Island.
<br />Lots nd 2 in Block Schimmer's Addition to the City of Grand Island, and a
<br />Mortgage on the South Half of the South Half of the East Half of the Southeast
<br />Quarter of Section 32, Township 12, Range 9, in Hall County, Nebraska; said mortgage
<br />haveing been executed by Ray Menck and wife, and recorded in Book 67, at Page 112 of
<br />the Mortgage Records of Hall County, Nebraska.
<br />"That upon application to this Court, the mortgage on said property was cancelled and released by
<br />the administrator, and in consideration thereof, the above described premises were conveyed to
<br />Arthur C. Menck, as trustee for the heirs of August C. Menck, deceased, and that said real estate
<br />passed and descended to said heirs in accordance with the terms of the last will and testament of
<br />August C. Menck, deceased.
<br />"The Court further finds that said estate is not subject to inheritance tax under the laws of the
<br />State of Nebraska or under the laws of the United States; that the funeral expenses and all other
<br />bills have been fully paid; that the costs of probate have been paid.
<br />"The Court further finds that under the provisions of the last will and testament of August C.
<br />Menck, deceased, and under the terms of the agreement transferring the last above described
<br />property to Arthur C. Menck, as trustee, and that all of said property passed and descended to the
<br />children of August C. ! enck, deceased, namely: Roy A. Menck, Ray R. 1''enck, and Arthur C. Menck,
<br />share and share alike, in absolute title.
<br />"The Court further finds that the share of Roy A. -tenck in and to the above described real estate
<br />was cold under execution issued out of the District Court of Hall County, Nebraska, previous to
<br />the entry of this decree, but that the share of the said Roy A. Menck is and to said real estate
<br />had vested in him upon the death of hisfather under the terms of the last will and testament of
<br />the said August C. Menck.
<br />"IT IS THEREFORE ORDERED AND AJUDGED BY THE COURT that the above described property, to -wit:
<br />Lot 5, in Block 31, in the Original Town, now City of Grand Island. ,
<br />Lots 1 and 2 in Block 10, Schimmer's Addition to the City of Grand Island, and the
<br />Real estate mortgage on the South Half of the south Half of the East Half of the
<br />Southeast Quarter of Section 32, Township 12, Range 9, in Hall County, Nebraska
<br />did pass and descend at the death of the said August C. Menck to his children, Hoy A. Menck, Ray
<br />R. Menck, and Arthur C. Menck, in equal share to each, and that the last above described tract of
<br />land, having been conveyed to Arthur C. Menck, as trustee, by the said Roy A. Menck in settlement
<br />of the mortgage recorded in Book 67, at Page 112 of the Mortgage Records of Hall County,,Nebraska,
<br />did pass and descend to the said heirs of the said August C. Menck in equal shares.
<br />"IT IS THEREFORE ORDERED BY THE COURT that said estate be closed and settled; that the administrator
<br />with the will annexed, be dischared and his bond released.
<br />(s) Charles Bossert, County Judge."
<br />And it appearing to the Court from an examination of the files and the records in the office
<br />of the Register of Deeds, the Court finds that Linnie E. Menck departed this life on the 5th day
<br />of September, 1937; that she was the owner of Lots Nine (9) and Ten (10) in Block Sixteen (16) of
<br />Schimmers' Addition to the City of Grand Island; that upon her death, said real estate passed
<br />and descended to August C. Henck an undivided 1/3 interest, and to their children, Arthur C. Menck,
<br />Ray R. Menck, and Roy A. Menck, each an undivided 2/9 interest therein; that the estate of Linnie
<br />E. Menck, deceased, was not probated in Hall County, Nebraska, but that proceedings were had in
<br />said estate to find and determine the heirs and their de'ree of kinship and interest in the above -
<br />determiged found by the Court that August C.
<br />described real estate, and in said decree it was and
<br />Menck was in fact the owner of an undivided 1/3 interest in the above - described lots at the time
<br />of his death.
<br />The Court further finds that the said undivided 1/3 interest in and to Lots Nine (9) and Ten
<br />(10) in Block Sixteen (16) of Schimmers' Addition belonging to the said August C. Menck should
<br />have been included in the Inventory filed herein, and in the Final Decree entered on April 4, 1944.
<br />The Court further finds that from an examination of the records and files in said case that
<br />the application of the said Arthur C. Menck for leave to re -open the estate of August C. Menck,
<br />deceased, to file an Amended Inventory therein, and to have an Amended Decree filed herein should
<br />be granted and allowed.
<br />IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE COURT that the estate of August C. Menck,
<br />deceased, is hereby re- opened; that Arthur C. Menck is hereby ordered to file an Amended Inventory
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