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<br />• !James H.Bo , Eliza Houghton, Ella Houghton and Ruby Houghton, her costs in this action, taxed
<br />at
<br />Dec.11,1597. By the Court,
<br />Cunningham R.Scott, j
<br />Judge.
<br />;Feb. 24 1902 filed and recorded mandate from Supreme Court affirming judgment at Plaintiffs' cost.
<br />3. IN DISTRICT COURT, DOUGLAS COUNTY,
<br />NEBRASKA. _
<br />I
<br />i
<br />;Margery H.Smullim )
<br />Robert H.Boggs, )
<br />Esther -Ann Drake, ) j
<br />Mary J.Fry, ) i
<br />Isabell C.Hoover, }
<br />William Boggs, ) i
<br />;;James H.Boggs, )
<br />iEva Eliza H.Houghton,
<br />Ella Houghton,
<br />Minnie Houghton, )
<br />lEva Houghton, ) App.Doc.79 -177.
<br />]James Houghton, and ) i
<br />,,Riley Houghton, )
<br />Plaintiffs, )
<br />1 vs. )
<br />],Ida H.Wharton, )
<br />x :`John C.Wharton, )
<br />;Irving F.Baxter, Administrator )
<br />;with the will annexed of George H.Boags,
<br />deceased, and Harry A.Westerfiel, )
<br />!Trustee, )
<br />Defendants, ) j
<br />March 13,1902 filed petition.
<br />March 17,1902 issued summons.
<br />April 14,1902 filed answer of
<br />April 14,1902 filed answer of
<br />Oct.6,1902 filed amended answ,
<br />Oct.28,1902 plaintiff allowed
<br />Oct.31,1902 filed plaintiffs'
<br />Nov-3,1902 case set for trial
<br />H.A.Westerfield.
<br />Ida M- Wharton and John C.Wharton, and Irving F.Baxter, A dministrat
<br />Dr of Ida M.Wharton et al.
<br />until Nov-3,1902 to file reply.
<br />depositions.
<br />Nov.11,1902.
<br />Nov-5,1902 filed stipulation as to testimony. I
<br />Nov.11,1902 filed reply. '
<br />i
<br />Nov.17,1902 filed stipulation that cause be continued to next term of Court. Plaintiffs agree to
<br />file amended petition within 30 days from this date. I
<br />Nov.17,1902 continued, j
<br />r
<br />Jan.30,1903.filed amended petition. Plaintiffs same as in original petition with John W.Boggs as '
<br />additional plaintiff, and defendants are Ida I.A.Wharton and John C.Wharton. Plaintiffs allege that
<br />on June 1,1895 George H.Boggs died in the City of Omaha, Douglas County, Nebraska; that deceased
<br />had. been a resident of said City for about 3tears; that defendant Ida M.Wharton is the widow of
<br />said deceased and
<br />11 j
<br />In 1898 intermarried with defendant John C.Wharton, and said parties are now husband and wife.
<br />That all the plaintiffs except Ella Houghton, Minnie Houghton, Eva Houghton, James Houghton and
<br />i
<br />Riley Houghton are the brothers and sisters of said George H.Boggs, and the other plaintiffs i
<br />are the children of Emeline Houghton, deceased, who was a sister of said George H.Boggs, deceased
<br />That said Boggs died testate leaving a last will and. testament which was executed May 16,1895 as
<br />follows, to wit: (Same as shown at No.l.) That at the time of the execution of said will, said
<br />deceased owned and possessed the following described real estate: The South half of the North-
<br />west Quarter of the Northeast Quarter of Section 17, Twp. 11, Range 9, West in Hall County,
<br />Nebraska, and other land..
<br />That there was personal property about $10,000.00 in cash, $75,000.00 in notes, and mortgages
<br />of the value of $75,000.00, also City warrants, uncollected rents and land contracts.
<br />That said deceased died childless and no child or children had ever been adopted by said Boggs
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