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,,E r,mP PERREN R ,. 4267)4- KLOPP& BARTLETT GO., PRINTING, LIT HOG RAPHING.STATIONERY; OMAHA said defendants prosecuted an appeal to the Supreme Court of the State of Nebraska, upon a trial of which cause in said Supreme Court during the January Term A.D. 1909 certified copies of the opinions being hereto attached and made a part hereof, it was considered by said Court that the judgment rendered by you in said action in so far as the questions herein reviewed and set aside is reversed and the cause is remanded with directions to enter a supplemental decree requiring the trustee to pay to the defendant Ida r2.Wharton out of the trust estate, a sum equal to the sum of $5,400.00 per annum from June 1,1595 to Jan. 1,1905 less such sums as have been heretofore paid to or received by her out of the trust estate as established by the facts found and set forth in the decree of said Court and that all taxable costs of the last trial and of this appeal be taxed to the trust estate to be paid by the trustee and in all other things judgment rendered by you in said action be affirmed. Costs in the Supreme Court cn this appeal $57.00 taxed against the trust estate to be paid by the trustee. Nov; therefore you are commanded without delay to proceed to enter a supplemental decree requiring the trustee to pay to the defendant 23 Ida M.Wharton out of the trust estate a sum equal to the sum of $5,400.00 per annum from June 1,1595 to jan.1,1905 less such sums as have been heretofore paid to or received by her out of the trust estate as established by the facts found and set forth in the decree of said court and also all taxable costs of the last trial and of this appeal, to the trust estate to be paid by the trustee. Witness the Hon.Manoah B.Reese, Chief Justice and the seal of the said Court at Lincoln this 27th day of May 1909. (Signed) H.C.Lindsay, Clerk, (Seal) by Victor Seymour, Deputy. May 29, 1909 filed motion for decree by defendants in above entitled cause, pursuant to the mandate of the Supreme Court filed in this Court on May 25,1909. June 15,1909 filed alias mandate (with opinion) as follows:. Whereas, in a late action before you, wherein Margery H.Smullen, Mary J.Fry, Isabell C.Hoover, William Boggs, James H.Boggs, Eva Eliza H.Houghton, Ella Houghton,, Minnie Houghton, James Houghton, John W.Boggs, Riley Houghton William Foster Boggs, Harris LeRoy Boggs, Mary Katherine Grimold2y Robert M,.Boggs, George H.Boggs, James E,Boggs, Margery Cook, Sidney B.Drake, William A.Drake,. John D.Drake, Josephine Goettel and Ruth Houghton Bron were plaintiffs, and Ida M.Wharton, John C.Wharton and John C.Wharton, Trustee, were defendants, the said plaintiffs recovered a judgment against said defendants upon a transcript of which record and proceedings in your said Court, the a said defendants prosecuted an appeCil to the Supreme Court of the State of Nebraska, upon ^trial of which cause in said Supreme Court during the January Term A.D.1909, certified copies of the opinions being; hereto - attached and made a part hereof, it was considered by said Court that the judgment of your said District Court, excepting; as heretofore affirmed, is reversed, and the cause is remanded with directions that you enter a supplemental decree requiring the trustee to pay to the defendant Ida ?A.Wharton, out of the trust estate, a sum equal, to the sum of 45,400.00 per annum � from June 111595 to January 1,1905, less such sums as have been heretofore paid to and received by the said Ida M. Wharton out of the trust estate, as established by the facts found and 2� set forth in the decree of your said Court, or if your said District Court is unable to make sucy : deduction by reference to your findings aforesaid, then your said Court is to ascertain said facts by reference to the evidence heretofore taken at the trial of this case in your said Court. You are further directed to modify your judgment taxing the costs against the defendant, Ida M. Wharton, and to tax all taxable costs of the last trial to the trust estate to be paid by the trustee. It is further considered by said Court that the costs of the appeal to this court, to wit: the sum of 0203.45, be taxed against the trust estate and paid by the trustee thereof.