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� AZSG
<br />YU MO- WARM NE50H DU Mo. L
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<br />42654 KLO PP & BARTLETT CO., PRI NTJ NG. UTH 00 RAPH I YG, STATI ONERY; OPAAhA
<br />(10) On the 14th day of May 1902, the defendant Ida M.Wharton paid the State and County taxes
<br />in Douglas County, for the yeat 1901 on the real estate devised to Westerfield in trust, amount-
<br />ing to the sum of $545.94 and she paid the said sum out of her own funds on the request of the
<br />trustee and in the belief that under the terms of the trust she had such an interest in such
<br />property and such power and discretion to appropriate the same or any part thereof, that she
<br />could not be prejudiced or incur any risk of loss in paying the same out of her oven funds, and
<br />the court finds that the trust estate should be charged with the payment of said Ida H.Wharton
<br />of the sum of $545.94 with interest thereon at the rate of 75, per annum from the 9th day of
<br />October A.D.1907.
<br />(11) In October, 1904, the defendant Ida 11.Wha-rton naid the sum of 21F,.48 out of her own
<br />funds for the construction of a sidewalk ordered by the City of Omaha., abutting on the Dodge
<br />Street front of Lcts 1P2)3J% 12,13,14, in Block 2. in Boggs and Hills second Addition to the City
<br />of Omaha, which said rroperty belonged to the trust estate and -,-,,hich payment inured to the bene-
<br />fit of said trust; that said sum was paid in the belief by said Ida U.Tharton that she had
<br />such interest in said property and such power and discretion to appropriate the same, or any part]
<br />thereof, that she could not be prejudiced or incur the risk of any loss by payment of the same
<br />out of her own funds and the court finds that the trust estate should be charged with the pay-
<br />ment to said Ida 1A.Wharton of the said sum of $212.48 and interest on the same at the rate of 7%
<br />f rum the 9th day of Oct obe r 1907.
<br />(12) In 1902 the defendant Ida 1A.Wharton paid the sum of $59.56 out of her ovrn funds for the
<br />construction of a sidewalk abutting on the 29th Street Front of the property., described in the
<br />last foregoing finding., which sidewalk was ordered by the City of Omaha nd hich payment inured
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<br />to the benefit of said trust; that said Ida M.Wharton paid the said sum urder the belief that
<br />r•he had such interest in said property and such power and right to appropriate the same, or any
<br />part thereof, that she could not be prejudiced or incur any risk of loss by payment of said sum
<br />out of her own funds, and the court finds that the trust estate should be charged with tho pay-
<br />ment to said Ida M.11harton of the said sum of ".50.56 and interest on the same at the rate of 75
<br />from the 9th day of October, 19 07.
<br />(13) In the year 1902 Irving P.Raxter, Administrator with the will annexoc4 at the request
<br />of said Ida 14.1harton, -;-)aid the taxes due to tho City of Omaha on the real estate devised to
<br />Westerfield, in trust, for the year 1901, a.m.ounting to the sum of $750.51� that said tax was so
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<br />paid because tho trustel-i had not the funds on hand -aitll lvhi(%h to ray the same and were paid by
<br />id Irvin6 F.Baxtor, -lie pers,-)nal estate, -.iihich, by the
<br />s administrator, out of the proceeds of
<br />terms of the will was bequeathed to the defendant Ida .14.1harton, in her own right; that said Ida
<br />14.9harton consented to the application of said sum to the I)ayment of said taxes in the belief
<br />that she had such interest in the property and such 'poii,,rer and discretion to appropriate the same,
<br />or any Dart thereof, that she could not be prejudiced or incur any risk of loss by nalment of the
<br />same out of her o-,,.,-n funds -lie trust estate should be charged -with the
<br />and the court finds that t
<br />,payment to the said Ida 1.1.2harton of the said sum of "1730.59 with interest 11-hereon at the rate
<br />of 7,) from the 9th day of October, 1907.
<br />(14) The court ft-xther finds from the evidence 4 t hat John C.Wharton trustee has since the
<br />&2.2nd day of September, 1907. rented the lands belonging, to the trust estate and collected the
<br />rents therefrom; that he has superintended thle making of repairs and improvements thereo n
<br />that he has sold a portion of the roal estate for the aggregate sum of '432,000.00 and has rein-
<br />vested the said sum. as trustee; that he has collected and disbur,-,ed rents amounting. Pecember
<br />31, 1907. to the sun, of s-
<br />,,11.V 83".34 ; that he as not been guilty of any misanprop-,riation or mi
<br />managrexient of the trust what. -,ever; that the trust estate is no-,-,r of t-he'value of „190, 000.00)
<br />and that all of the acts of the said John C.Nharton, trustee., have been done and performed in
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