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<br />and decreed by the Court that the defendant, John C.Wharton, trustee, pay out of the trust estate)
<br />all costs of this action
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<br />accrued since the filing of the former mandate of the Supreme Court
<br />on the 8th day of October, 1907, taxed at and the judgment against the said Ida M.
<br />Wharton as to such costs last mentioned only is hereby Vacated and set aside.
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<br />By the Court, Howard Kennedy, Judge.
<br />Sept.3,1909 filed notice of appeal.
<br />Sept.3,1909 filed praecipe for transcript.
<br />Oct.5,1909 delivered transcript to F.A.Brogan,
<br />9 June 15,1910 filed mandate and opinion from Supreme Court. Substance of mandate is as follows:
<br />Whereas, in a late action before you, wherein Margery H.Smullin, Mary J.Fry, Isabell C.Hoover,
<br />William Boggs, James H.Boggs, Eva Eliza H.Houghton, Ella Houghton Eve. Houghton, James Houghton,
<br />John W.Boggs, Riley Houghton, William Foster Boggs, Harris LeRoy Boggs, Mary Katherine Grimoldby,
<br />Robert M.Boggs, George H.Boggs, James E.Boggs, Margery M.Cook, Sidney B.Drake, William A.Drake,
<br />John D.Drake, Josephine Goettel and Ruth Houghton Brown, a minor, were plaintiffs, and Ida M.Wharton
<br />T and John .Wharton rudtee as successor in trust under the last will and
<br />and john C.Wharton, C.Wharton, T , ,
<br />testament of George H.Boggs, deceased, were defendants, a judgment was�endered by you, upon a
<br />transcript of which record and proceedings in your said court the said plaintiffs prosecuted an
<br />appeal, and the said defendants Ida 11.Wharton and John C.Wharton prosecuted a cross appeal, to the
<br />Supreme Court of the State of Nebraska, upon a trial of which cause in said Supreme Court during
<br />the January term 1910, a certified copy of the opinion being hereto attached and made a part here-
<br />of, it was considered by said court that the judgment rendered by you in said action be reversed
<br />at the costs of said plaintiffs taxed at $90.35, and the cause remanded with directions to enter
<br />I a decree directing John C.Wharton, trustee of the express trust created by the will of George H.
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<br />e Boggs deceased, and his successors in trust, to pay to Ida M.Wharton out of the trust estate the;
<br />sum of $62,570.37, with interest from August 9,1909.
<br />Now, therefore, you are commanded, without delay, to proceed to enter a decree directing John C.
<br />Wharton, Trustee of the express trust
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<br />created by the will of George H.Boggs, deceased, and his r
<br />b successors in trust, to pay to Ida M.Wharton, out of the trust estate the sum of $62,570.37, with;
<br />;interest from August 9,1909•
<br />June 13,1910 supplemental decree entered as follow: -
<br />s This cause came on to be heard on this 13th day of June 1910, pursuant to the mandate of the
<br />SSupreme Court of the State of Nebraska, filed herein on June 15,1910, and the Court finds, from
<br />an inspection of the mandate, that, by the decree of the Supreme Court, the decree of this court !.
<br />rendered on August 9,1909, awarding to the defendant, Ida M.Wharton, the sum of $55,373.79 is
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<br />,reversed and this Court is commanded to render a decree as specifically set forth in said mandate,;
<br />in favor of Ida M.Wharton, -or the sum of $62,570.37, with interest as provided by law from August;
<br />(9,1909. i
<br />'It is therefore now considered, ordered and decreed by the Court that the decree of this Court
<br />rendered on August 9,1909, awarding to the defendant, Ida M.Wharton, the sum of 055,373.79 is set
<br />,aside in accordance with the said mandate, and it is furt%er considered, ordered and decreed by
<br />!the Court that the defendant, John C.Wharton, trustee of the express trust created by the will of
<br />Geor,o H.Boggs, deceased, and his successors in trust, pay to the said Ida M.Wharton, out ofthe
<br />Itrust estate, the sum of $62,570.37 and interest thereon at the rate of 774 per annum from August j
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<br />9.1909, until pAi.d, in addition to the sums heretofore decreed to be paid to her and in satis-
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<br />faction of the sums due to her annually from the date of the death of the said George H.Boggs, to
<br />January lst, 1903, as determined by the Supreme Court in this cause and that the costs of this
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