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<br />MU MO HEIRM RMUMM Mo. L
<br />4M, RARTLCTTCO., PRINTING. IJTNOORA ?HIVE, STATIONERY; ONIAWA -
<br />Ilas the case may be shall be adjudged and decreed to pay to
<br />!net income of said estate since the death of said testator,
<br />(expended for the reasonable-maintenance and support of said
<br />be adjudged and decreed that the said defendant and each of
<br />,';parts thereof in trust upon the trusts aforesaid.
<br />,That an injunction issue to restrain the defendant, Ida M.W
<br />!;Westerfield, and from placing the defendant John C.Wharton,
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<br />these plaintiffs the amount of the
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<br />together with interest less the ampun.tl
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<br />defendant Ida M.Wharton; and that it
<br />them, hold the said estate and all
<br />riarton from removing said trustee,
<br />In position of trustee; that the de-
<br />fendants and each of them be enjoined and restrained from disposing of any of the property of said
<br />estate, real or personal, and be enjoined and restrained from disposing of any property, real or
<br />personal, acquired by proceeds derived directly or indirectly, from the property described in sal
<br />will, and for such other relief as to the Court may seem just, equitable and proper in the premisE
<br />Feb.17,1903 filed answer of defendants to amended petition.
<br />May 4,1903 filed reply of plaintiffs to the answer to the amended petition herein.
<br />June 15,1903 entered decree. Court finds upon the issue joined for the defendants. To which find—
<br />plaintiffs each except. It is therefore considered by the Court that this action be and the
<br />same hereby id dismissed and that the defendants recover from plaintiffs their costs.
<br />To which plaintiffs each excepted and each are allowed 40 days from the
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<br />rising of Court to
<br />.Eprepare and submit bill of exceptions.
<br />0et.1,1903 filed bill of exceptions.
<br />Oct.2,1903 filed praecipe for transcript.
<br />`IOct.24,1903 delivered transcript and bill of exceptions to J.C.Cowin.
<br />!Appealed to supreme Court.
<br />jJan.23,1907 filed mandate and opinion from Supreme Court.
<br />Feb.�,1907 filed order from Supreme Court recalling mandate.
<br />�Oct.9,1907 filed mandate and opinion from Supreme Court. Judgment of District Court reversed at
<br />.;costs of defendants "and cause remanded, with direction8 to take an account of and ascertain what
<br />;sum per annum is sufficient to support and maintain the appellee, Ida M.Wharton, using the family
<br />!homestead, according to the style of living to which she was accustomed at the time of the death
<br />of the testator and to charge the payment of the same annually during her life upon the income of
<br />the trust estate devised to Westerfield and upon the corpus thereof if the income is insufficient,
<br />and according to the conditions of said trust.
<br />,Second, to charge the said appellee as trustee in trust to pay and distribute annually all`
<br />'such
<br />surplus income from the trust estate, if any therebe, after providing for the maintenance of the
<br />'.,appellee as aforesaid, and such gifts to charitable purposes as she may desire to make from time
<br />to time not exceeding $10,000.00 in all, to the brothers and sisters of the testator,, share and
<br />share alike, the issue of deceased brothers and sisters, if any such issue, to take the share of
<br />the deceased parent. Third, for such other accounting and decree as may be necessary to carry full
<br />;'.into effect the provisions of the constructive trust declared to exist and of the trust declared
<br />by the will in Westerfield and according to the views expressed in the opinion of Chief Justice
<br />Holcomb and the subsequent opinions of this Court, copies of same being hereto attached and made
<br />,part hereof.
<br />Now, therefore, you are commanded, without delay to take an account of and ascertain what sum per
<br />annum is sufficient to support and maintain the appellee, Ida M.Wharton, using the family homeste�
<br />.:according to the style of living to which she was accust 5 omed at the time of the deati'� �
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<br />,of the testator, and to charge the payment of the same annually during her life upon the income
<br />of the trust estate devised to Westerfield and upon the corpus thereof if the income is insuffic-
<br />ient, and according to the condition: of said trust, Second to charge the said appellee as trustee,
<br />in trust to pay and distribute annually all such surplus income from the trust estate, if any then.
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