|
MU Mo HEIRM RMUND Mau L
<br />4 — KLOPPA, BAAtLETT CO., PRINTING. LITHOGRAPH ING, STATIONERY; OMA"n
<br />good faith and in the exercise of round judgement and discretion and that the said said trustee
<br />was entitled to compensation for his services from the 22nd day
<br />31, 1907, at the rate of 10' on all money collected by him and a
<br />at the rate of 5" on the first '%2) 000.00 of consideration, 2 2 "a
<br />;then the consic Brat ion exceeds .10, 000.00 2 --z' on the whole, and
<br />john C.Nharton, trustee .vas entitled to the .sum of Ills 933.23 for
<br />Df Serterrber, 1905 to December
<br />commission on sale of real e =state
<br />on the excess to X10, 000.00 and
<br />the court finds that thy: said
<br />said cervices; that said sum is
<br />the -reasonable value thereof and that he is entitled to take credit for said sum in his accounts
<br />as said trustee; to :�rhich finding plaintiffs except.
<br />(15)
<br />And pursuant to the mandate and the opinions of the supreme court heretofore rendered
<br />in this cause the court finds that after the i re7)ar.tion of the gill, and immediately before the
<br />signing of
<br />the same by
<br />the
<br />testator, and
<br />attestation
<br />jbir the . itnesses, the
<br />testator
<br />had
<br />the will
<br />read over
<br />to his wife
<br />and
<br />than stated to
<br />her orally,
<br />in substance, and as
<br />found by
<br />the
<br />supreme
<br />court, that he desired her to use so much of the property devised in trust to Westerfield and the
<br />income therefrom as should be oufficienz t to support and maintain her during her life in the same
<br />comfort ,,,.nd style of living they Nero accustomed to, using the home ;rhich he had given to her,
<br />and to enable her to ivc to charity, if she should ,rish to do so, a, sum not .. exceeding the sum
<br />of n10, 000.00; that the surplus, if any, of the net annual income of the trust estate :should be
<br />annually divided by her between his relatives and their heirs, as specified in the 4th nararrraph
<br />of the devise to Westerfield in trust; that such of the trust estate as should thus be left remain
<br />ing in the trust at her wrath he also desired to pasF upon the terms of the express trust to his
<br />said relatives, and the court finds that the said Ida 34.Wharton then asserted to the requests
<br />and rishes of the testator thus expressed and expressed to him her willingness to carry out the
<br />requests of the testator after his death, and the court finds that the testator then executed
<br />his .y ill, relying upon his Yvife to carry out his purpose thus expressed; that his oral requests
<br />:rare intended to be mandatory :nd that the interest of the said Ida ],M.Wharton in the estate devi ±°
<br />sed to Resterfield in trust, and her power to appropriate the same, was thereby limited to the
<br />amount reasonable necessary and required to support and maintain her in the comfort and style
<br />of living to .-.rhich
<br />she was accoustoiaed at
<br />the time
<br />of
<br />the testator's
<br />death, and
<br />to
<br />give not to
<br />exceed $10,000.00
<br />for charitable - urposes;
<br />that
<br />the
<br />said Ida
<br />;vi.Wharton should
<br />be
<br />charged as
<br />trustee in trust to pay and distribute annuallyall surplus income from said trust estate, which
<br />may come into her possession, if any there be among the persons and in the proportions by the
<br />torms of the 4th paragraph of the devise to Westerfield, in trust; and that at her death the
<br />equitable title to so -_,lush of said trust estate as then remains :-rill pass to and vest in the
<br />than living collateral heirs of George H.Bo grs, unon the terms of said 4th paragraph of the devise
<br />to Westerfield in trust; to -7hich finding plaintiffs except.
<br />(lea) The court finds from
<br />the
<br />evidence
<br />that the suns per
<br />annum sufficient to
<br />support
<br />and main-
<br />tain Ida M.Wharton, formerly
<br />Ida
<br />11d.Boggs,
<br />using the family
<br />homestead, according
<br />to the
<br />style of
<br />living to jhich 3fie rr.as accustonA at the time of the death of the testator as required by the
<br />mandate to be found and fixed by this court and charged, payable annually during her life, upon
<br />t'ie income of the trust estate devised to Westerfield, and upon the corpus thereof if the income
<br />is insufficient, is X5,400.00; to :,which finding the rlaintiffs except.
<br />(17) The dofendant Ida 7A.Rharton, since the death of the testator, has not lived and is not
<br />now living in the style intended by the testator but has lived and is living in a less expensive
<br />ct,yle bean that to . shish .,he ias then accustomed; and it does not appear the actual
<br />expen�es of ter maint =�inance exceed the amount received by her from the allowance made by the
<br />a unty court, and the not income f rcim t ie trust e ct at o .
<br />And thereupon, on the facts above found, the defendants di, rmand that the court decree the
<br />trustee, and his successors in trust, to pay to the defendant Ida TAI.Wharton, out of the trust
<br />n
<br />1
<br />I
<br />I
<br />1
<br />
|