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380
<br />YEL Uri OMEN RE90HO Ma, 0C]
<br />42654- KLOPP6 BARTLETTGO ..PRINYING,WTMOGRAPHING,BTATIO NERY;ONiAN[d
<br />Court in this proceeding, their interest in the subject matter of the litigation, and join with
<br />the plaintiffs in the prayer contained in the said amended and supplemental petitions..
<br />Ida
<br />Jan.13,1908 filed petition by Ruth Brown, a minor over the age of 14 years by H.E.Fry, her next
<br />to receive out
<br />friend,, and joins with the plaintiffs herein in their emended and supplemental petitions, and joins
<br />the ,
<br />testator to
<br />with them in praying for the relief asked for in the said amended and supplemental petitions,
<br />Trustee, all of
<br />and prays that the Court may protect her interest under the terms of the will of George H.Boggs,
<br />therefrom according to
<br />deceased, and may enter such decree and make such order in the premises as may to the court seem
<br />said express
<br />trust and
<br />just and proper. Petition signed by Ruth Brown by H.E.Fry, her next friend.
<br />to appropriate
<br />the same to her own use
<br />to the
<br />We hereby enter our appearance for said Ruth Brown and H.E.Fry, her next friend.,
<br />(Signed) J.C.Cowin,
<br />F.A , Brogan,
<br />of 45,400.00
<br />Jan.13,1908 trial resumed. Evidence in behalf of defendants in part. Adjourned to Jan.20,1908
<br />event the net
<br />on motion of plaintiffs.
<br />said Ida
<br />Jan.20,1908 opened plaintiffs' depositions for defendants' attorney.
<br />Jan.20,1908 on motion of plaintiffs' further hearing adjourned to Jan.27,1908.
<br />in any year,
<br />Jan.27,1908 leave granted plaintiffs to file amendment to petition by March. Evidence in behalf
<br />the said Ida M.Wharton
<br />of defendants concluded. Evidence in behalf of plaintiffs in rebuttal. Plaintiffs rest. Evidence
<br />receive
<br />in behalf of defendants in rebuttal, Both Bides rest.
<br />Jan.30,1908 arguments of counsel continued.
<br />Feb.1,1908 arguments of counsel completed. Leave to plaintiffs to file seperate amendment to
<br />amended petition instanter. Leave to plaintiffs to substitute copy of reply of plaintiffs to
<br />supplemental answer,. original lost. Leave to plaintiffs to submit briefs by Feb.12, 1908.
<br />Feb.3,1908 filed seperate amendment to plaintiffs amended petition
<br />Feb.3,1908 plaintiffs substitute reply to the supplemental answer of defendants.
<br />June 1,1908 entered decree. (For findings of decree see record. Covers 21 pages.) And thereupon
<br />it is by the Court considered, ordered and decreed as follows;
<br />That the said John C.Wharton as Trustee, and his successors in trust, are seized of the title
<br />of all the real estate described in paragraph 3 (which includes land abstracted. Abstr.) in
<br />trust for the uses and purposes set forth in the will of George H.Boggs, deceased, and as
<br />herein found and decreed.
<br />That the defendant, Ida M.Wharton, is entitled to receive out of the trust estate, the sum of
<br />$12,199.00 with interest thereon from June 1,1908, at the rate of 7�o per annum, and that the
<br />20
<br />defendant John C.Wharton, trustee, and his successors in trust, pay the same to her out of any
<br />funds derived from the Hale of any part of the said real estate; to which plaintiffs except.
<br />That the defendant
<br />Ida
<br />r.I.Wharton is entitled
<br />to receive out
<br />of the trust estate devised by
<br />the ,
<br />testator to
<br />H.A.Westerfield,
<br />Trustee, all of
<br />the net income
<br />therefrom according to
<br />the terms of
<br />said express
<br />trust and
<br />during her life, and
<br />to appropriate
<br />the same to her own use
<br />to the
<br />extent
<br />of the sum
<br />of 45,400.00
<br />annually, and in the
<br />event the net
<br />income received by the
<br />said Ida
<br />M.Wharton,
<br />shall not,
<br />in any year,
<br />equal said sum, then
<br />the said Ida M.Wharton
<br />is entitled to
<br />receive
<br />out
<br />of the corpus of the trust estate such sum as added to the income so received by her during
<br />such year, may be necessary to make the sum of $5,400.00; and it is further considered, ordered
<br />and adjudged by the Court that the said John C.Wharton, trustee, of the express trust created
<br />by the will of George H.Boggs, deceased and his successors in-trust, pay to the defendant Ida,
<br />1T.Wharton all of the net income arising from the said estate at the times and in the manner seta
<br />forth in the terms of the express'�rust, and during the life of the said Ida M.Wharton, and in
<br />the event the net income thus paid to the said Ida M.Wharton shall, during any year, not amount
<br />to the sum of X5,400.00 it is ordered and decreed by the Court that the said John C.Wharton
<br />trustee and his successors in trust pay to the said Ida M.Wharton such additional sum out of
<br />the corpus of the trust estate as may be necessary to make the sum of $5,400.00 to t end and
<br />r
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