Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-12-22

The Cole will matter still remains
the principal subject of local public
interest. However, the hearing before
Judge Grimm at Jefferson tomorrow,
when the objections filed by Henry Null
berger are to be considered, will have
considerable bearing upon the present
status of the case. If Mr. Mulberger's
objections to the allowance OF the,execu-
tors final accounts result in not affect
ing the course of the matter as at
present planned (in other words, if the
court allows the accounts to stand
without alteration) then the opposi-
ton to the proposed settlement has
surely lost its case. Right here it
may be stated that this opposition is
not by any means confined to MeSSrS.
Mulberger and Pease, Notwithstanding
a statement to this effect made in q
local paper. We know of other good
citizens and large taxpayers who
stand with the two gentlemen named
and who believe that the common
council has entered into an illegal
agreement for the settlement of the
case, inasmuch as the agreement ma
terially interferes with the intent and
decree of the testatOr in allowing the
sale of a portion of the trust property
to pay expenses, when the will pro-
vides explicitly that such expenses
are to be paid out of the income. On
the other hand, the agreement seems
to have passed scrutiny in court, for it
has been approved by Judge Grimm.
It is claimed, though, that the agree
ment is drawn up SO as to misrepresent
things in the very beginning of the
preamble, where it is stated that the
executors ''have expended large sums
of money for debts due and owing by
Mr. Cole at the time of his death
such debts should have been passed
upon in probate and the opposition
claims that not a single bill was pre-
sented to the county court for allow
ance according to law. We merely
state this to be what is claimed by the
opposition; we do not know it TO be a
fact.
The first item of expense mentioned
in the agreement which is to be met
Dy Une proceeds Oh Gne Sale Oh Gne
homestead is that incurred by the fun
eral of the deceased, but reference to
the executors account printed below
will find no such item. 1t is also
claimed by the opposition that several
items in the account have no bearing
whatever under the headings.
The objections filed by Mr.. Mulber-
ger are as follows:
STATE OF WISCONSIN, JEFFERSON COUNTY
COUNTY CoURT.-In Probate.
In the matter of the last will and testament
and estate of John w. Cole, deceased.
Hearing of final account of executors of said
will and the report and account of said execu-
tors as trustees.
Now comes Henry Mulberger, who is citizen
voter, owner of taxable property and taxpay.
er of the city OF WatertOwn, in the county OF
jefferson and state of Wisconsin, and for
himself and on behalf of other taxpayers, pro-
perry owners and voters in said city of Water
town, appears herein and objects to the allow
ance or approval of the final account of the
executors of the last will and testament OF
said John w. Cole, deceased; and also for
himself and on behalf of said other taxpayers,
property owners and voters in said city, OBJ
jects to the allowance and approval of the re-
port and account of said executors as trustees
of the estate of said John w Cole, deceased,
for the following reasons, to-wit: