Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-12-22
|. Because neither of said accounts includes

y,
II. That said last will and testament does
not give to said executors any authority to
make any permanent improvements on the
property of said estate, as plainly appears by
the third clause of said will, which is as fol-
lows, VIZ:
executors, or trustees, hereinafter named, all
the rest and residue of my property and estate,
both real and personal, in whatever it may
consist or wherever situated at the time of my
deceaSe in trust, for the following purposes:
To have full charge, management and control
thereof, and direct that they shall keep all
buildings insured and in proper state of re-
pair, and to collect and receive the rents issues
and profits thereof and also any interest money
which may become due and payable on all Sc
curities and investments belonging to my
estate, and to pay the costs of said repairs and
insurance and the annual taxes and assess
| ments that may be levied and assessed upon
my estate, and expenses of administering said
trusts, out of the money so collected for rents
and interests, and the balance of the money SO
| collected and received for rents and interest
as aforesaid, | hereby direct shall be paid to
my beloved wife, Eliza e. Cole and to my son,
Oscar A. Cole, from time. to time as same are
! collected. I will and direct that this trust
shall continue for the purposes above men,
| toned for and during the natural life of my
wife, Eliza G. Cole, and my son, Oscar A. Cole"
! Ill That none of the charges or items for
| money paid out, contained in either of said
! accounts, are permanent improvements, but
that all of them are for taxes, insurance, debts
| of said deceased, repairs on the property of
| said estate and other expenses, all of which
| the said will directs shall be paid out of the
income of said estate.
". That every item and every dollar charged
or contained in said report and account of said
| trustees, Except $35. u for expense of sale of
homestead), has once before been report
ed to this court by said trustees as having been
| by them fully paid for out of the income of
sai estate during the years 1894, 1895 and 1896.
! Y. That the sum of 81, 900 in money which is
described in said report of said trustees as
proceeds of sale of homestead, is part of the
trust fund which came into their hands as trus.
| of and
is part of the real estate referred to in the fol-
towing clause of said will, viz: after the death
| of my wife and my son, Oscar A. Cole, and the
trust heretofore created by and under this will
has been fully carried out and performed then
will and direct that my trustees hereinafter
named, or their successors, shall convey the
title to. and turn over the possession and
control of all real estate and personal proper
ty which may have come into their possession
as my trustees, unto the city of Watertown in
the state of Wisconsin, in trust, for the follow
ing purposes and upon the conditions herein
after set FORTH
VI. That said 81, 900 in money belongs to the
trust fund which said will directs shall be
turned over to sad city OF Watertown. after
the death of said Oscar A Cole and Eliza c.
Cole
VII That said executors unlawfulIy and
fraudulently give themselves credit in said ac-
count as trustees for the sum of 81, c01 in money
which belongs to and Is a part of the trust
| fund, which they are required by the provisions
OF said Will. to surrender and turn over to said
city of Watertown, after the death of said Oscar
A. Cole and Eliza G.. Cole
VIII. That by the act of said trustees in at.
tempting to appropriate to themselves the said
sum of 81 600 for the purpose Of donating the
same to said Oscar !. Cole and Eliza c. Cole
they, the said executors, are guilty of a direct
violation of the plain provisions of said will
and are also guilty of wilful misappropria
ton and waste OF said trust fund to amount
and value of said $40
Dated December a. 1897.
HENRY MULBERGER.
HARLOW PEAsE, Attorney for said Henry
Mulberger and other taxpayers.
THE STATE OF WISCONSIN.
jefferson County. %
| Henry Mulberger, being duly sworn says tina
he is citizen, voter, owner of taxable proper
ty and taxpayer of the city of Watertown, IL
the county of Jefferson and state of iscOnsin
nat he signed the foregoing appearance anC
objections to the allowance or approval o
the accounts and reports therein referred to
and that Harlow Pease, who has signed the
same as his attorney. is duly authorized to &C
as his attorney in the presentation and hearing
| thereof IN the above entitled proceeding; de
ponent further says that he is informed anC
believes that the officers of said city of Water
town have entered into an unlawful agreemen
with the said executors to consent to the al
lowance and approval of said accounts and re
ports. HENRY MULBERGER
Subscribed and sworn to before me this 14tI
day of December, 1897.
GEORGE GRIMM, County Judge.
Below is the agreement entered into
between the city, the heirs of Mr.
|
of which has never before been pub
lished:
STATE OF WISCONSIN, COUNTY COURT
FOR JEFF ERSON COUNTY.-In Probate.
In the matter of the estate of ] Ohm w. Cole
late OF the city OF WatertOWn, in said Jeffer
son county, deceased.
WHEREAS. the executors and trustees O
the allow estate, Oscar A. Cole, d. H. Beur
hauS and Wm Hum hrey. claim they have
dad n
and owing by the SAID John w Cole at the
time of his death, and for the funeral expense:
of said John w. Cole, and for taxes upon the
trust estate which were past due at the time O
the deCeaSe o. the said John ". Cole, and io
repairs and improvements upon the trust es
tate, under contracts made by said John w
Cole before his death, and also for permanent
improvements upon the trust estate made
since his death, amounting to about So, 500
as Claimed by said executors and trustees, anC
whereas there is now owing a large sum o
money for expenses of administering saiC
estate and for costs and expenses, including
att0rney Res, inGqrTe On IN ProcuTlng con
ing to about $500, as claimed by the execu
tors and trustees, and whereas there is dis
PuI t 3e Nv the parties hereto as to what
liable tor the money so expended as above
and that is yet to be paid out in settlement O.
said claims, and whereas it is desirable that al
l1tlg alton should cease; now therefore, it il
hereby stipulated and agreed by and between
said executors and trustees and the city OF Wa
LeIIOWu, OcutllCIdry unQer the Will O1kSdl(
John w. Cole, and the heirs of said John w
Cole, Eliza G. Cole and Oscar A. Cole, tina
all litigation in regard to said estate be anc
the same is hereby discontinued.
That the following described real estate, to
wit, all of block one of Pritchard's second ad
dition to the said city of Watertown, except
parcel sold off, bounded as commencing a
the northwest corner of said block, running
thence south 214 feet, thence east $50 feet
thence north 214 feet thence west l so feet tt
the place of beginning, may be sold by sait
trustees without objection thereto by the city
, of Watertown, or Eliza &. Cole and Oscar A
Co e; and that the proceeds of such sale ma,
be used to reimburse said executors and trus-
tees for such payments as they have alread,
made for funeral expenses of said deceased
and for debts and taxes due and owing by tn,
said John w. Cole at the time of his decease
and for money expended on contracts for i'm
provements on said trust estate, already en-
tered into by said john W. Cole, at the time
of his deCease, and for permanent improve
ments already made. or which may hereafte
be made upon the trust estate, but not to ex-
coed in any event the sum for which said rea
, estate shall be sold; and said executors anC
trustees are to pay out of other funds now il
their hands Gncome from trust estate) all ex
penSes of the administration of said estate anC
of constituting said will, and agree on thei
part, the said Eliza c. Cole and Oscar A Coll
agreeing and consenting thereto, that NJ
? charg es shall ever be made against the balance
of said trust estate for any ofthe several hing