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i AZSG 1 iu 1 1 :S 383 42654 KLOPP6 BgRTLETT CO.. PRINTING , LITNOGRA PHI NG, STATIONERY; OMg1iR NOW THEREFORE you are commanded without delay to proceed to enter a supplemental decree re uir ing the trustee to pay to the defendant, Ida M.Wharton, out of the trust estate, a sum equal to the sum of 05,400.00 per annum from June 1,1395 to Jan.1,1908, less such sums as have heretof Ere een paid to and received by the said Ida M.Wharton out of the trust estate, as established by the facts found and set forth in the decree of your said Court, or if your said Court is unable to make such deduction by reference to its findings aforesaid, then you are instructed to ascertai� such facts by reference to the evidence heretofore taken at the trial of this case in your said Court, and you are further directed to modify your said judgment in said action wherein the costs were taxed .. against the defendant, Ida IT.Wharton, and to tax all taxable costs of the last trial, in your said Court to the trust estate to be paid by the trustee. Witness, the iion.John B.Barnes, Acting Chief Justice, and the Seal of said Court, at Lincoln, this :14th day of June 1909• (Sinned) H.C.Lindsay Clerk. (Seal of Supreme Court of Nebraska, affixed.) July 6,1909 filed motion by plaintiffs that the court proceed in accordance with the mandate and opinionsof the Supreme Court, filed herein at this present term, and ascertain from the evidence taken upon the hearing of this cause at the October Term 1907, and the February and May terms 1908, the sums of money that were paid to and received by the 25 defendant, Ida M.Wharton, out of the trust estate, during the period from the 1st day of June, 1895 until the 22nd day of March 1902. i And in that behalf, the plaintiffs show to the Court that it will appear from the evidence taken pon tre said hearing that during the said period the defendant, Ida M.Wharton, received from the net proceeds of the trust estate, after charging to the same the expense of collecting the said rents, the sum of $16,198.39, and that the additional sum to be allowed the defendant, Ida M.Whartpn, out of the trust estate from the the time of the death of the testator, up to the lst day of January 1908, as decided by the Supreme Court, should be ascertained and determined by this Court !to be as follows: Allowance of $5,400.00 per year Net LLmount received by her from the trust estate, from June 1st, 1895 to March 22nd, 1902 ......................... $16,193.39 ount received by her from z;Jesterfield 1 7,893.71 Amount recdived from Wharton, Trustee up to January 1st, 1908, 41132.50 $67,500.00 28 2 4.60 539:225. 0 The plaintiffs also move the Court proceed in accordance with the decision of the Supreme Court, and render a judgment against the defendant, Ida 11I.Wharton for the costs of this action, up to and including the filing of the mandate of the Supreme Court in this case, on the day of October, 1907, and to enter an order directing John C.Wharton, Trustee, to pay all subsequent cost in this case out of the funds in his hands as Trustee.. Aug.9,1909 entered supplemental decree:- This cause came on to be heard on the 7th day of July 1909, ',pursuant to the mandate of the Supreme Court and on the motions of the plaintiffs and the defend - 'antsfor further proceedings pursuant thereto; and it appearing to the Court to be necessary to ire- examine the evidence heretofore taken in this case, and the Court having re- examined the evidence land having heard the arguments of counsel, and having taken the matter under advisement, now on this 9th day of Aug.1909, being fully advised in the premises, finds the following facts additional. to those found In the decree of this Court entered on the first day of June 1908, to wit: � That Harry A.Westerfield, as special administrator, collected from the income of the real estate j of which the testator died seized, the 1