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<br />WRL Ma MORM f Mo. 0_
<br />42654-- KLOPPG BARTLETT CO., PRINTING, LITHOGRAPH I NG, STATIONERY: OMAHA
<br />real estate descrilbod in t1,e 3rd naragranh of this decree; and that subiect to tYit3 right of the said
<br />Ida a.�lharton, as horein lofined, the e ,uitable title to the said property vests in the said
<br />co113taral heirs of seoroe IL.Boggs, as existing ,1.pon the decease,. of the said Ida :�.Nharton.
<br />But the court refuses so . to decree, and refuses to insert the said finding, order and decree
<br />in the decree herein, to ,:rhich ruling tl:e w-laintiffs except.
<br />And Thereupon it is by, the court considered, ordered and decreed as follows:
<br />FIRST. That the said .John C. harton, as trustee, and his successors in trust, are seized
<br />of the title of all the real estate described in paragraph 3. in trust for the uses and purposes
<br />herein
<br />set forth in the will of George H.Boags, P,ece zsed, and as.found and decreed.
<br />SECOND. That -the defendrnt, Ida M.Wharton, is entitled to receive out of the trust estate
<br />the sun of Twelve Thousand One Hundred Ninety -nine ($12,, 199.) Dollars, with interest thereon from
<br />.Lune 1, 1908, at the rate of 7' per annum, and that the defendant John C.11Jharton, trustee, and
<br />his successors in trust, pay the same to her out of any funds derived from the sale of any part
<br />of the said real estate; to Iahich plaintiffs except.
<br />THIRD. That the defendant Iola M.Wharton is entitled to receive out of the trust estate
<br />devised by the testator to H.A. Westerfield, Trustee. all of the net income therefrom according
<br />to the terms of said express trust _nd during her life, and to appropriate the same to her o -u=rn
<br />use to the extent of the sum S5, 4001.00 annually, and in the event the net income received by the
<br />said Ida 14.1hart on :shall not, in any year, e:,ual said sum, then the said Ida 11I . Yhart on is entitled
<br />to -receive out of the corpus of the trust estate such sum as, added to the income so received
<br />by her during such year, may be necessary to make the sum of. 5, 400.00; and it is further consi-
<br />dered, ordered and decreed by the court that the said John C.Wharton, trustee of the express
<br />trust created by the sill of George =H- Roggs, deceased, ?_nd his successors in trust, pay to the
<br />defendant Ida ,l.Rharton all of the net income arising from the said est=ate at the time and in the
<br />rranner set forth in the terms of the express trust and during the life of the said Ida 'M.Wharton
<br />and in the event the net income thus paid to the said Ida J.1.1harton shall, during any year, not
<br />amount to the sum of 5, 400.00 it is ordered and decreed by the court that the said John C.Tharton
<br />trustee, and his successors in trust, pay to the said Ida M.Wharton such additional sum out of the
<br />corpus of the trust estate as may be necessary to make the sum of ',"5,400.00, to the end -nd so
<br />that the said Ida. 14.Wharton shall receive annually during her life, after the first day of .Ian -
<br />uhary, 1908, to her own use, the � ggregate sum of Five Thousand Four Hundred ($51400.00) Dollars
<br />out of the trust estate and no more, to which plaintiffs except.
<br />FOURTH. That the defendant Ida 11.Wharton is entitled to give to charity not to exceed
<br />10, 000.00 out of the trust estate, and the defendant John C.Wharton, trustee, and his successors
<br />in trust, shall nay to the defendant Ida M.Wharton or upon her order or as directed by -any pro -
<br />vision in her will :duly probated, out of any proceeds of the sale of any portion of the real estate
<br />included in said trust estate, any sum or sums not exceeding in the aggregate the sum of Ten
<br />Thousand ($10, 000.00) T'ollars, in aid of any cha rity or charities which she may select . If any
<br />such payment be made to said Ida 111.Wharton she shall .give receipt therefor and shall designate
<br />in such receirt
<br />the
<br />charity
<br />or ch arities
<br />to which
<br />the sum so
<br />drawn shall be given.
<br />FIFTH. That
<br />the
<br />payment
<br />to the said
<br />Ida M.-Wharton
<br />and to
<br />the beneficiary of any charitable
<br />gift or devise as .foresaid, of each and all of the sure hereinbefore decreed to be paid to her
<br />or to her said benefici ry by the trustee and his successors in trust, be, and the same is, hereby
<br />charged u; -aeon the said trust estate. That is to say, the payment of the annual sum of 5, 400.00
<br />is charged primarily 1;pon the net income, and the payment of the deficiency, if any, and all
<br />other sums herein directed to be , "aid, is charged upon the corpus of the trust estate, superior
<br />to all other claims whatsoever, except the expenses of administrating the trust, including taxes,
<br />compensation to the trusten., court costs, .nd the expense of settling the estate of George H..Roggs
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