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<br />42654- KLOPP &BARTLETT CO PRINTING, LITHOGRAPHING, STATIONERY: OMt ha
<br />trustee of said express trust) :rho then oualified as such trustee.
<br />(7) The said John C.'IVILI-Irton then collected the rents from the trust estate, and during the
<br />-ieriod from SeT,tel-i"ber 2 "j 1905, to Decerlber 31, 1907 he (leposited to the credit of said Ida It.
<br />Wharton., in a bank, out of the not income from said trust estate., the following suin.s.. t-o-wit:
<br />In the year ending Jvine 1, 1906)
<br />On Pecenibor 31, 1907, 12.00.00
<br />TOTAL --- "4382.50
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<br />The said John C.7d'11-iarton did not deposit the whole of the net income from the trust estate to
<br />the c.-edit of said Ida 1.1.71,,arton, but expended a palrt thereof in making repairs and in erecting
<br />buildings and othx improvements the-.eon.
<br />(8) The defendant Ida 111.Whar"L'Ion er.niployed counsel in the lhe litigation in which the -gill wvis
<br />established and out of her own funds paid for councel fees the sum of Fifteen Thousand Five
<br />Hundred (A'15.500) Dollars and for expenses incurred by counsel in conducting said litigation
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<br />the further sum of Three Foindred Forty ($540) Dollars., The separate estate of the defendant
<br />Ida 1-III.Wharton -;,hich she acquired as donee of the real and personal property given her by the
<br />testator after the execution of the ,,,ill and prior to his death, (-is found by the foregoing
<br />fir-ding numbered which said property was of about the same value as that -..,1hiach was tranz-
<br />mitted by the aill, received an indirect but real benefit from the services of counsel in said
<br />litigation, and such benefit was taken into consideration by her counsel in fixing the amount
<br />of their charges and --hould be considered in determining t'i-,e value of said services to the
<br />trust estate, and said counsel fees should be apportioned according to such benefits and one-
<br />third thereof should be borne by the estate indirectly benefited and two-thirds thereof by the
<br />estate directly benefited. The reasonable value of the said services of counsel to the
<br />estate directly !--;enefited thereby that is, the estate of George H.Roggs deceased, is the sum
<br />of Ten Thousand Three 111i!ndred Thirty-three and 57/100 ($10,333.33) Dollars, and the defendant
<br />Ida 11.Wharton is entitled to have said sum, together with the suir., of Three Hundred and Forty
<br />0,340) above mentioned, -).r-,ounting in all to the sum of Ten Thousand Six Hundred and Seventy -
<br />three and 3 75.3") Dollars,
<br />311co Cl 1c) and being he
<br />-,shish the will was established, repaid to her out of the whole estate which passed under the said
<br />will. The value of said estate at the time of the death of the testator was One Hundred
<br />Thirty -five Thousand 01#55P 000) Dollars, of .shish amount the sum of Ten Thousand (4 1c), 000)
<br />Dollars was the value of the pers-oval property, beque--thed to said Ida 1A.Wharton and One Hundred
<br />T-wenty-five Thousand 0125,
<br />000) Dollars was the value of the real property devised to Harry A.
<br />Westerfield, as trustee under the said .-Till. The trust estate, therefore, should be charged
<br />with the payment to said Ida M.Wharton of 125135 of said sum of Ten Thousand Six Hundred
<br />:Seventy -three and .4'513 /1C0 ($10., 673.33) Dollars to-.. *it The sum of Nine thousand and Eight Hundred
<br />10
<br />Eighty -two -wo and /100 M,1 X382.90) Dollars, with interest Rt the rate of seven per cent i,,er annum
<br />from the 9th day of Got ober, 1007, that being the date of filing the mandate herein; to which
<br />finding plaintiffs except.
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<br />(9) In the year 1900 the defendant Ida 1A.Wharton naid out of her own funds, ling
<br />for grading
<br />sublots two (�) and three (3) , Sec.16, Twp, 15, Range 13, Douglas County.. Nebraska, the sum of
<br />%AI;245.421 -.,�hich grading inured to �-he benefit and enchanced the value of said lots to a greater
<br />sum; that said lots ,vere a part of the trust estate devised to Westerfield
<br />U , and the said Ida
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<br />21- Wharton paid the said sum in the belief that under the terms of the devise in trust she had
<br />such interest in the property and such power and discretion to appropriate the same or any part
<br />thereof that she could not be prejudiced or incur any risk of loss by paying the same out of hex
<br />own funds, and the court finds that the trust estate should be charged with the payment to 1V1rs.!!!
<br />Wharton of the sum of $245.42 with interest at the rate of 7)', per annum from the 9th day of
<br />October, A.D.1907.
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