<br /> WILL AND DECREE RECORD
<br /> 28081—The Auguatine Co., G1�and Island, Neba
<br /> IN WITNES� WHEREOF, I have hereunto set my hand and afFixed �he seal of �he County Court, th�.s
<br /> l��h aay of June 194�
<br /> (�,�,� Charles Hossert
<br /> HALL CQUNTY, NEBRASKA F I L E D JU1V 1£� 19�-� vunty udge
<br /> CHARLES BOSSERT COUNTY JUDGE
<br /> IN `�"�` :� COUNTY C�UY�T OF HALL COUNTY, NEBR,ASKA
<br /> IN THE MATTER OF THE ESTATE OF • � FSNAL DEG�REE.
<br /> CHAA.LES C. HAVENS, DECEASED.
<br /> NOW ON THIS 17th day of November, 19�-�, this cause car�e on to be heard by the court on the
<br /> final account and r�port of Rex E. Hav�ns, exeQUtor of the wi11 of Gharles C. Hanens, deceased, and
<br /> it appearing f rom the evidence and proo�s on file ln this eourt, that 1ega1 not�ce, as by law and
<br /> �he order oP �he court required, has been g?ven to a11 persons interested, of the time and place of
<br /> n r hr su cessive week� in a Ze al n wa-
<br /> examining and allowing said final report by publ�.catio fo t ee e g e
<br /> paper publ�.ahed within said HaZ1. Coun�y and th�re being no ob3eetions to sa�.d final aaca�t and
<br /> report, the court, on examination thereof, finds that the same i� in all things correet and should
<br /> be al�.owed and approved.
<br /> The cour'� further finds from the proofs on file here3n �hat legal notice, as by 1aw a rd the
<br /> ord�r of the cour'� required, has b�en g�.ven to all persons having claims against said est�.te of the
<br /> time and plaee �'or fi13.n�; same; that al1 elaims no� filed or allowed a�ainst said estate, �.f any
<br /> there be, are forever barred and precluded �rom making claim thereon and a11 such unfiled claims and II
<br /> debts, if any, are barred.
<br /> The eourt further finds that the deceased died testa�e on N�.y 23, 194€�, leaving him surviving
<br /> as his sole and only heir at law his son, Rex E. Havens and leaving as his sole devis�ees and lega'�ess
<br /> under said will, th� Firg'� National Bank of arand Island, Nebraska, trust�e, in �rust to colleet the
<br /> rents, 3.ssues and profits from the real estate owned by �he deeeased at his death and ta pay the
<br /> net proceeds thereof to Rex E. Havens, son of the testator for liPe, then to R�x C. Havens, grand-
<br /> son of the testator f or 13.fe, remainder in fee on the d�ath of the survivor v� said life tenan�s to
<br /> the children of Rex C. Havens; f inds that at the present time there are �wo ehildren of R�x C. Havens,
<br /> narnely Rex C. Havens, ,junior, born August 30, 1944 and David M. Havens, born Danuary 13, lg�-6 and
<br /> that the rema3.nder in fee �imple will vest in said Rex C. Hav�n�, ,�unior and a.vid M. Havens, sub-
<br /> �ee� to open and le� in any other child or children, iP any, that may be born hereaf�er to said
<br /> Rex C. Havens.
<br /> The court fur�her find� that the deceased died seized in fee simple of the follo��ing deseribed
<br /> real e�tate:
<br /> REAL EBTATE IN HALL C�UNTY, NEBRASKA,
<br /> I.. Southerly Sixty-six (66) feet o�' the Westerly F�.fty (50) feet of Lot Five (�j) in Block
<br /> sixty-two (62) o�' �he original town, now City oPlGrand Island in Ha11 Caunty, Nebraska,
<br /> including an easement across the Nor�h 66 fee'� of said Lot Five (5) for the perpe�ual
<br /> use and r�,in�enance of the sewer drain as now constructed.
<br /> 2. Westerly �ixty �60) feet of the 9outherly 3ixty-six (66) fieet of Lot Four (�4) in Block
<br /> Fifty-seven (57) in the or�.g3na1 town, now City of arand I51and, in Hall f�ounty,;. Nebraska,
<br /> with a, right of way in common with the owners of Lot � a�er the Easterly 6 feet of the
<br /> Southerly 66 feet of said Lot �-.
<br /> REAL ESTATE IN BEADLE COUNTY, SOUTH DAKOTA
<br /> 3. The Northeast Quarter (NE�� of Sect3.on Thirty-two (32� in TowrBhip One Hundred and Twelve
<br /> (112) , North, Range F3.f ty--nine (79) Wes� of t he 5 P.M. in Beadle County, South Dako�a.
<br /> The court further finds tha� Rex E. Havens, �on of the testator, is the sole legatee of
<br /> �he personal property under �he wil.l and that the same was exhausted in �he payment of the debts,
<br /> burial e�penses and costs of administration.
<br /> Pa�e 2.
<br /> F3.nds tha'G an inheritance tax under the laws of Nebr�,s4�a was du].y determined and assessed on
<br /> the suecession o� Rex E. Havens to his intersst in the estate of the deceased in N°braska in the
<br /> sum of �96.5�; and was duly and fully paid and �hat the estate and the succession ther�to of all
<br /> ather legatees and devisees is not sub�eet ta any inheritance tax under the laws of Nebraska.
<br /> Finds that a1�. debts, eRpenses of burial, expenses of administrat�.on, including prabate
<br /> notices have been Pully paid and '�hat the will has been fully executed, including Item One thereof,
<br /> and that the estate should be settled and closed.
<br /> IT IS THEREFORE CONSIDERED, ADJUDGED AND DECREED BY THE COURT; �hat �he �inal aec�unt and
<br /> report oP Rex E. Havens, as executor of said es'�at� be and it is hereby ax�proved and allowed; that
<br /> a11 claims filed and allowed against said estate have been fu11y paid.; '�hat all cour'G costs and �
<br /> expenses of adminis�ra�Gion have been fully paid; that all debt5 and claims against said estate,
<br /> not filed or allowed, i� any there be, are barred and precluded; that inheritance taxes assessed on
<br /> sa�d estate and tr�e succession thereto have been fully paid; '�hat the personal estate passed and
<br /> descended to Rex E. Havens as provided 3.n the las� will and testam�nt of the .deceased and ha�. �een
<br /> fully d�.sbursed and accountied for by the execu�or; that t��� real estate here3.nbefore deseribed
<br /> passed and descended under the last wi11 of the deceased and th� s�atutes of wills of 1V�braska and
<br /> 8outh Da.kota ta ti�e F3.rst National Bank of Grand Island, Nebraska, in trust nevertheless, to collec�
<br /> the ren�s, issues and profits therefrom and to pay ��.e same to Rex E. Havens, �on of the t�sta'�ar,
<br /> for life, then to Rex C. Havens, grandson of the testator for 1if e, rem��3.nder in fee s3.mple to the
<br /> ch3.ldren of Rex C. Havens on the death of the �urvivor of Rex E. HaQens and Rex C. Havens as more
<br /> particularly �rovided and conditioned in the will of the deceased; that the estate of the deceased '
<br /> h as been ful�►y administered and '�he will �ul�y execu'�ed and saic� estate is hereby settled and
<br /> closed and the executor if discharged of his t rust and h�f�s bond is released.
<br /> Charles Bosser�
<br /> oun y u ge.
<br /> ,