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AZSG
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<br />IRMN
<br />4 FJ. }-- F(L0PP6 BARTLETT C0.. PRINTING, LITH OG RAPHIYG,STATIONERT;OMAhiP - -
<br />deceased, in the county court ;where the same is now pending.
<br />SIXTH. That the sum of One Thousand I'sine Hundred Eighty -three and 23,100 ( 1, 983.23) Dol-
<br />lars, be, and the same is, hereby illowe,,1 to John C.Wharton, for his services as trustee, up to
<br />and including the 31st day of December, 1907: to ihich plaintiffs except '
<br />SEVENTH. That the acts and doings of the said John C.1harton, as trustee, and his manag-
<br />oment of the said estate, and in making sales of a )ort ion of the real estate included therein,
<br />be and the same are hereby ratified, approved and confirmed.
<br />EIGHTH. That in the event that the said Ida M.Wharton shall during ny annual period as
<br />herein fixed, receive income from the trust estate exceeding the sum of Five Thousand Four Hun -
<br />dred ("5 Dollars, the said Ida ,`.Wharton shall st nd possessed of such excess as trustee
<br />only and in trust, and she is hereby decreed to pay and distribute annually all surplus income
<br />from the trust estate to the said brothers and sisters of the testator, share and share alike,
<br />issue
<br />the issue of deceased brothers and sisters, if anXAthere be, to take by representation the
<br />share of such deceased brother or sister, as provided in the 4th paragraph of the devise to
<br />Harry A.Westerfield, trustee.
<br />Upon motion of plaintiffs, it is ordered that the plaintiffs be, and the ereby are
<br />allowed forty days from the rising of the court at its present term to prepare and serve their
<br />bill of exeeptinns.
<br />IT IS FURTHER ORDERED BY THE COURT AND ADJUDGED, that the defendant, Ida M.
<br />Wharton, pay the costs of this action, taxed at Dollars, ( ) and that execut
<br />ion issue for the same, to which judgement for costs the defendant Ida M.Nharton, excepts.
<br />BY THE COURT:
<br />Howard Kennedy
<br />JUDGE.
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<br />iiargery H.Smullin, Mary J.Fry Isabell C.Hoover, )
<br />William Boggs, James H.Boggs , Eva Eliza H.Houghton )
<br />Rlinnie Houghton, James Houghton John 'N . Boggs, )
<br />Riley Houghton,
<br />'William Foster Boggs, Harris LeRoy Boggs )
<br />Mary Katherine. rrimoldby , Robert N.Roggs )
<br />Sidney R.Drake George H.Roggs, James E.Boggs, )
<br />24argery Cook, 'William A.Drake, John B.Drake, ) 79- -177 Mandate.
<br />Josephine Goettel, Ruth Houghton Brown, )
<br />Plaintiffs.
<br />VS. )
<br />Journal 117 Page 374
<br />Ida 34.Wharton, )
<br />John C . iGh art on and }
<br />John C .Wharton, Trustee, Defendant s. )
<br />A mandate with opinions attached having been received from the Supreme Court in the
<br />above entitled case it is ordered that the mandate be entered of record herein.
<br />Said mandate reads and is as follows, t o --pit :
<br />In the Supreme Court of the State of Nebraska, sitting at Lincoln, Janu,.iry Term 1909 to the
<br />District Court of the Fourth Judicial District sitting in and for the County of Douglas,
<br />Greet ing: - Whereas in a late action before you wherein '14argery II . Smullin, iary J .Fry,
<br />Is,abell C.Hoover, William Boggs, James II.Boggs, Eva Eliza H.Houghton, Ella Houghton, Minnie.
<br />Houghton, James Houghton, John W .Boggs, Riley Houghton, William Foster Boggs, Harris LeRoy.
<br />Boggs, Mary Katherine. rrimoldby., Robert IvI.Boggs, George H.Roggs, James (.Boggs, 'Margery Cook,
<br />Sidney R.Drake, William A.Drake, John D.Prake, Josephine Goettel and Ruth Houghton Rroa7n, aver(
<br />plaintiffs and Ida N.Wharton, John C.Wharton) and John C.Wharton, Trustee were defendants,
<br />the said plaintiffs recovered a judgement against said defendants upon a transcript of which
<br />record and proceedings in your said Court the said defendants prosecuted an appeal to the
<br />Supreme Court of the State of Nebraska upon a trialof which cause in said Supreme Court during
<br />the January term A.D.1909, certified copies of the opinions being hereto attached and made a
<br />part hereof, it was considered by said Court that the judgement rendered by you in said action
<br />in so far as the questions herein reviewed and set aside is reversed and the cause is remanded
<br />with directions to enter a supplemental decree requiring the Trustee to pay to the defendant
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