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376 000 00 MEMEE «000000 Ooo L 42654- -KLOPP&BARTLETT CO.. PRINTING. LITHOGRAPH I,VG,STATIONERY;. OMRY.S, and wife. Plaintiffs allege that it was the intention and declared purpose of said Boggs to so dispose of his property by will that his widow should have an abundance out of said estate for living, main- tenance and support in a manner commensurate with her circumstances and the condition of his estate the support of his widow. during; and for her natural life and that she should not make use of any of said estate or dispose of resisting the allowance of the same, which contest failed and the will was allowed. An appeal was any thereof, for any other purpose than for her maintenance and support and that the residue and taken from there to the Supreme Court of the State of Nebraska where the contest was finally decided remainder of his estate should go to these plaintiffs absolutely after the death of his widow. -And that at the end of each year all the net revenue of said estate after deducting the costs of main- tenance and living expense slof his widow, should be paid to the plaintiffs, share and share alike except that the children of Emeline Houghton should take one share. That defendant Ida M.Wharton gave to said George H.B oggs in his life time her assurance that if the property of the testator, real,, personal and mixed, was devised and bequeathed to her she would use the same for her support only, would yearly divide the net income of said estate after deducting such maintenance, share and share alike among these plaintiffs and that the remainder after her death should go to these plaintiffs 12 absolutely, and that she would make a will to that affect. That said testator thereupon executed said will relying upon the promises of his said wife that she would carry out all his intentions and wishes as to his property above expressed without making such directions in the will. Plaintiffs further allege that there was thus impressed upon the entire estate of said testator a trust in favor of these plaintiffs as and for the purpose above described according to the intention and purposes of the testator as herein stated subject only to the charge of the support of his widow. Plaintiffs further allege that upon the presenttation of said will for probate, a contest was entered resisting the allowance of the same, which contest failed and the will was allowed. An appeal was taken from said allowance to the District Court where the allowance was approved and a further appeal taken from there to the Supreme Court of the State of Nebraska where the contest was finally decided in February 1902 affirming the proceedings allowing the will. That since the final disposition of said contest the defendant Ida M.Wharton has repudiated her verbal agreement, assurances, promises, etc., made to said testator and repudiated the acceptance of said trust verbally made immediately before the execution of said will and denies any rights of the plaintiffs in the premises, and is managing said estate as if it were absolutely,her own, eta. Wherefore plaintiffs pray that the trusts hereinbefore set forth and alleged be declared and estab- lished by the decree of this Court as fully as assserted and alleged in this petition. That all the property of said estate in this petition mentioned, real and personal, be adjudged decreed to be subject :to and impressed with said trusts and that these plaintiffs are the beneficiaries thereof and therein, and the equitable owners of all of said property, subject only to such amount as is necessary to be used of the personal property for the suitable maintenance and living support of the defendant Ida M. Wharton. That an account be taken and had between these plaintiffs and defendants, showing and stating the amount received from said estate by the said defendants or either of them from the income or otherwise; 13 that an account be made and stated of the amount expended from said estate by the defendant Ida S2.Wharton for her support and maintenance since the decease of said testator. That an account be taken and stated of the disposition made of the property of said estate and all thereof including property, real or personal, received from said estate by the defendant John C. Wharton and that it be adjudged and decreed that said trusts are impressed upon and attached to all property, real or personal, acquired by the property of said estate in any manner whatever. That upon said accounting being made, the defendants, Ida M.Wharton and John C.Wharton, one or both