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<br />42651--KLOPP 6 BARTLETT CO. � PRI NTING. LITH OG RAPHI.V G.STATI ONERT; OMAN C
<br />be, after providing for the maintenance of the appellee as aforesaid, and such gifts to charitable
<br />purposes as she may desire to make from time to time mot exceeding $10,000.00 in all, to the
<br />brothers and sisters of the testator, share and share alike,, the issue of deceased brothers and sisters,
<br />if any such issue, to take the share of the deceased parent. Third, for such other accounting
<br />and decree as may be necessary to carry fully into effect the provisions of the constructive trust
<br />declared to exist and of the trust declared by the will in Westerfield and according to the views
<br />expressed in the opinion by Chief Justice Holcomb and the subsequent opinions of this Court, copies
<br />of same being hereto attached and made a part hereof."
<br />Oct.10,1907
<br />refiled bill of exceptions.
<br />Oct.12,1907
<br />filed supplemental answer of Ida M.and John
<br />C.Wharton.
<br />Nov.11,1907
<br />filed motion. (not in files.)
<br />Nov.11,1907
<br />filed reply to supplemental answer.
<br />Nov.11,1907
<br />filed motion.
<br />Nov. 12, 1907
<br />leave given. to plaintiffs to file instanter.
<br />seperate amendment to plai tiffs.',
<br />petition. Leave
<br />given defendants to amend instanter, by
<br />interlineation, supplemental answer of
<br />defendants,
<br />said supplemental answer so amended to stand
<br />as answer to plaintiffs' amended pet-
<br />ition. Plaintiffs' reply heretofore filed to stand as a
<br />reply to defendants, supplemental answer
<br />as amended.
<br />Nov.11,1907 leave granted plaintiffs! to file instanter supplemental petition. Defendants except.
<br />Hearing to Court. Evidence in behalf of plaintiffs in part..
<br />Nov.1';,1907 filed supplemental petition praying that in addition to the relief granted upon
<br />original amended petition herein that an accounting may be had of all the transactions of said
<br />Join C.Wharton as Trustee, etc., and that such orders may be made as may be necessary to
<br />carry into effect the judgment and decree of the Supreme Court herein.
<br />Nov.14- 1F,1907 evidence in behalf of plaintiffs.
<br />Nov.21,1907 filed answer of John C.Wharton, Trustee, to supplemental petition.
<br />Nov. 21,1907 hearing resumed. Evidence in behalf of plaintiffs.
<br />Nov.22,1907 evidence in behalf of plaintiffs continued.
<br />Nov.26,1907 evidence in behalf of plaintiffs completed. plaintiffs rest. Leave to defendants to
<br />file instanter seperate amendment to supplemental answer. Plaintiffs except. Plaintiffs given
<br />leave to reply thereto.
<br />Nov.26,1907 filed amendment to supplemental answer of defendants. Nov.27,1907 filed demurrer of
<br />plaintiffs to t:ie amendment to the supplemental answer of defendants filed herein Nov.26,1907,
<br />upon the ground that said amendment does not set forth matter which is germane to the issues in
<br />this action and that said amendment does not set forth facts sufficient to entitle defendants to
<br />any relief.
<br />Nov.27,1907 filed motion by plaintiffs to strike from files the amendment to supplemental answer
<br />of defendants filed Nov.26,1907, etc.
<br />Nov.27,1907 motion of plaintiffs to strike denied. Plaintiffs except. Demurrer of plaintiff to
<br />amendment to supplemental answer overruled.. Plaintiffs except. P aintiffs rest withdrawn.
<br />Additional evidence in behalf of plaintiffs. Evidence in behalf of defendants resumed. Further
<br />hearing adjourned to Nov.29,1907.
<br />Nov.27,1907 filed reply of plaintiff: to the amendment to the supplemental answer of defendants,''
<br />which amendment ,Aras filed herein. Nov.26,1907.
<br />Nov.29,1907 hearing resumed. Evidence in behalf of defendants in part. Further proceedings
<br />adjourned until Dec.17, 1907.
<br />Dec.23),1907 filed depositions.
<br />Jan. 8,1908 filed amendment to amended petition.
<br />Jan.8,,1908 hearing resumed. Evidence in behalf of defendants.
<br />
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