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I AZSG
<br />233
<br />finding the plaintiffs except.
<br />(6) After the establishment of the .will and commencing ".arch 21st, .1902, vrhem Westerfield N
<br />i
<br />c_ualified as trustee under the rill, he took possession of the real estate devised in trust,
<br />i
<br />rented the same and collected the income therefrom, and deposited to the credit of said Ida.
<br />:1.;7 _arton, in a bank purtivar:t to the terms of the trust, the net income of the rror)erty devised I
<br />to �iin c,s trustee, «s follows
<br />In the year ending June 1, 1902, 4 117.45
<br />It 1, lcG3, 3 2. 5 l .09
<br />1, 1904) 2194.0:
<br />It it It if It 1, 1905, 2291.79
<br />September 12., 1905, 31.35
<br />TOTAL, - - _.._�_ _ 3.71
<br />lesterf. field resigned as trustee or the 21st day of September, 1905, and removed from the
<br />State of ;Nebraska to the State of California, and the defendant Ida 14.Nharton, pursuant to the
<br />pouter expressed in the 5th clause of the will, appointed her co- defendant, John C. Wharton,
<br />MEL, UP PERNEN REDONDD Moo L -
<br />�26154-- KLOPP69ARTLETT CO. rPRINTING. LITHOGflAPHI .V G, STATIONERY; dMAHF1
<br />Lots 4 2, 3, 4, 5, 6) 71 S, 14, 16, 17, and 18, in Block 31.
<br />Lot s 11 2, 3, 4, 5, 6, 7, 8, S, 10, .11, 12, 17, and 18, on Block 32. All of Block 33.
<br />Lot s 1, 20 3, and 4, in Block 34.
<br />Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 142 15, 16, 17, 18, 19, 20, (23, 24, in Block 35; All of Blocks 36, and 37;
<br />Lot s 1, 2;, 3) 4, 5, 6, 7, 82 9, 10, 11, 12., 13, 17, 19, 20, 21, 22, 23, and 2 4, in Block 38; All of Block 39;
<br />Lots 2,3,42 5,6,7, 8, 9, 10, 15, 16, 17,18,19,20,til,and 22, in Block 40;
<br />Lots 3, 4, 5, G, 7, 8, % 10, 11, 12, 131 14, 15, 16) 17, 18, 19, 20, 21, and 22, in Block 41; Lot 8 in Block 42;
<br />Lots 131 14, 15, 16, 17, 18, 19, 20, 211, 22 and 2,3, in Block 43; All of Block 44 and 45;
<br />Lots 1,2,30 4,53 6, 7,8,9,10,11,12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22, in Block 46;
<br />Lots 1, 2, 3, 43 5, 6, 72 8, 93, 10, 11, 12, 15, 16, 171 183 10, 620, 21, &2'92., 23, and 24, in Block 47;
<br />All of Blocks 48 , 49, 50, 51, 52, and 53, All of Block 54, except Lot 12;
<br />All of Blocks 55, 56, 5711 58, 59, and 60.
<br />(4) When the said will was tendered far probate, the validity of the same was contested by the
<br />heirs -at -law of said Georgd H.Boggs, deceased; and Barry A.Nesterfield was appointed by the Cou-
<br />nty Court and qualified as special administrator of the estate of said George H.Boggs, and con -
<br />tinued to be such special administrator until the decree astablishing said will and nadmitting
<br />the sane to probate ,vas finally affirmed by the supreme court of .Tebrasks, when, to -oiit: on the
<br />21lst day of :.larch 1902, the said Westerfield closed his accounts as special administrator, and
<br />paid over to his successor, Irving F.Raxter, who was appointed administrator .vith the will ann-
<br />exec� the sum of One Thousand Fifty -One and 47/100 (" 1051.z-7) Dollars, and thereupon said Nester-
<br />field rualifie s trustee under the express trust contained in the will.
<br />(5) During the term of Westerfield as special administrator he converted personal properV
<br />into money, collected rents from the real estate devised to him in trust, and mingled the funds
<br />and out of the fund: thus raised, he paid to the defendant Ida U.Nharton, pursuant to an order
<br />i
<br />of the county court, made by the said court under the statute of INe:raska, providing for an ally-
<br />war_ce to the -ridow; which order directed the payment to her of the sum of Three Hundred 011300.)i':
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<br />Dollars rer month from the date of the death of. George H.Boggs, the following sums, to -wit :
<br />In the year ending Juno 11 1896, .........` 400.00
<br />a It n n 131 1897.......... 1800.00
<br />1, 1898.......... 3300.00
<br />1 1899.......... 04500.00
<br />it it it it to 1, 1900.......... 1800.00
<br />It to It to n 1, 1901.......... 4500.00
<br />it to ti It n 1, 1902. . . . . . . . . . 2400.00
<br />TOT .AL, - 1,- 20700.00
<br />Anci the said Westerfield raid the said sums out of the proceeds of the personal estate and the j
<br />incomo f_om the real estate indiscriminately and kept no separate accounts, and failed to pay
<br />to said Ida M.;Jharton the full sums required by the order of the county court because sufficient
<br />funds did not came to his hands, as crpecial admin strator, available for the purpose, to which !,
<br />I
<br />finding the plaintiffs except.
<br />(6) After the establishment of the .will and commencing ".arch 21st, .1902, vrhem Westerfield N
<br />i
<br />c_ualified as trustee under the rill, he took possession of the real estate devised in trust,
<br />i
<br />rented the same and collected the income therefrom, and deposited to the credit of said Ida.
<br />:1.;7 _arton, in a bank purtivar:t to the terms of the trust, the net income of the rror)erty devised I
<br />to �iin c,s trustee, «s follows
<br />In the year ending June 1, 1902, 4 117.45
<br />It 1, lcG3, 3 2. 5 l .09
<br />1, 1904) 2194.0:
<br />It it It if It 1, 1905, 2291.79
<br />September 12., 1905, 31.35
<br />TOTAL, - - _.._�_ _ 3.71
<br />lesterf. field resigned as trustee or the 21st day of September, 1905, and removed from the
<br />State of ;Nebraska to the State of California, and the defendant Ida 14.Nharton, pursuant to the
<br />pouter expressed in the 5th clause of the will, appointed her co- defendant, John C. Wharton,
<br />
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