|
AZSG
<br />YU NO Wffl�� RMOORM
<br />-.
<br />_. - K1.OBA. BARTt. TTC9.. pRiNT{ N6. 6fiNOtiRAf *H{NE;ETpT10N6RY;OMAHA
<br />approved
<br />and confirmed.
<br />so that the said Ida IS.Wharton shall receive annually during her life, after the first day of January,!
<br />the event
<br />1.908, to her own use, the aggregate sum of 05,400.00 out of the trust
<br />estate, and no more; to
<br />and sh::.re alike, the
<br />rhich plaintiffs except.
<br />of
<br />deceased brothers and sisters, if
<br />That the defendant Ida M.Wharton is entitled to give in charity not to
<br />exceed $10,000.00 out of
<br />the trust estate, and the defendant John C.Wharton, trustee, and his
<br />successors in trust, shall
<br />1pay to the defendant Ida 1A.Wharton, or upon her order or as directed
<br />by any provision in her will
<br />duly probated, out of any proceeds of the sale of any portion of the
<br />real estate included in said
<br />!trust estate, any sum or sums not exceeding in the aggregate the sum
<br />of $10,000,00, in aid of any
<br />charity or
<br />21
<br />charities which she may select. If any such payment be
<br />she shall give receipt therefore and shall designate in such receipt
<br />made to said Ida M.Wharton
<br />the charity or charities to
<br />which the sum so drawn shall be given.
<br />1
<br />1
<br />That the payment to the said Ida M.Wharton and to the beneficiary of any charitable rift or devise
<br />as aforesaid, of each and all the sums hereinbefore decreed to be paid to her or to her said bene
<br />Ificiary by the trustee, and his successors in trust, be, and the same is hereby charged upon the
<br />said trust estate. That is to say, the payment of the annual sum of $5,400.00 is charged primarily'
<br />upon the net income, and the payment of the deficiency, if any,. and all other sums herein directed;
<br />Ito be paid, is charged upon the corpus of the trust estate, superior to all other claims whatever,
<br />1
<br />eexcept the expenses of administering the trust, including taxes, compensation to the trustee, court
<br />gcosts, and the expense of settling the estate of George H.Boggs, deceased, in the County Court
<br />where the same is now pending.
<br />That the sum of $1,983.23, be, and the same is,
<br />as trustee, up to and including the 31st day of
<br />That the acts and doings of the said John. C .Wha,.
<br />z
<br />estate, and in making sales of a portion of the
<br />I
<br />hereby allowed to John C.Wharton, for his services
<br />December 1907; to which plaintiffs except.
<br />rton, as trustee and his management of the said
<br />real estate included therein, be, and the same area
<br />hereby
<br />ratified,
<br />approved
<br />and confirmed.
<br />!That in
<br />the event
<br />that the
<br />said Ida M.Wharton shall during any annual period as herein fixed,
<br />receive income from the trust estate exceeding the sum of $5,400.00 the said Ida M.Wharton.shall
<br />stand possessed of such excess as trustee only and intrust, and she is hereby decreed to pay and
<br />;distribute annually all
<br />such surplus income
<br />from
<br />the
<br />trust estate to the said brothers
<br />and
<br />sisters
<br />lof the testator, share
<br />and sh::.re alike, the
<br />istiue
<br />of
<br />deceased brothers and sisters, if
<br />any
<br />such
<br />Tissue there be, to take by representation the share of such deceased brother or sister, as pro-
<br />rvided in the 4th paragraph of the devise to Harry A.Westerfield, trustee.
<br />i
<br />'Upon motion of plaintiffs,} it is ordered that the plaintiffs be and they are hereby allowed 40
<br />days from the rising of the Court at its present term t repare and serve their bill of exceptions;
<br />2z
<br />"It is further ordered by the Court and adjudged that the defendant Ida 1A.Wharton pay the costs of
<br />!this action taxed at , and that execution issue for the same, to which judgment for costs;
<br />!the defendant Ida M.Wharton excepts..
<br />By the Court, Howard Kennedy, Judge.
<br />9
<br />Au9.4,1908 filed praecipe for transcript.
<br />Appealed to Supreme Court.
<br />May 23,1909 filed mandate (with opinions) as follows:
<br />Whereas, in a late action before you, wherein Margery H.Smullen, Mary J.Fry, Isabell C.Hoover,
<br />William Boggs, James H.Boggs, Eva Eliza H.Houghton, Ella Houghton, Minnie Houghton, James Houghtonb
<br />John W.Boggs, Riley Houghton, William Foster Boggs, Harris LeRoy Boggs, Mary Katherine Grimold.2y,
<br />I
<br />Robert M.Boggs, George H.Boggs, James E.Boggs, Margery Cook, Sidney B.Drake, William A.Drake,
<br />;John D.Drake, Josephine Goettel and Ruth Houghton Broom were plaintiffs, and Ida M.Wharton, John
<br />C.Wharton and John C.Wharton, Trustee, were defendants, the said plaintiffs recovered a judgment
<br />lagainst said defendants upon a transcript of which record and proceedings in your said Court, the
<br />
|