Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1898-01-12
DECISION IN COLE MATTER.
JUDGE GRIMM RULES OUT THE
AGREEMENT.
Also Cuts Down Trustees Account Ma
terially-Only Expenses OF sale and
Permanent improvements Allowed
Victory for Objectionists = Full
Text of Decision.

On Monday Judge Grimm, of the
Jefferson county court, handed down
lis decision in the matter of the OBJ
iections filed by Henry Mulberger and
other taxpayers of this city against
The allowance of the final account of
the executors and trustees in the
estate of the late John w. Cole. The
full text of the decision is printed be-
low. While lengthy, it is quite plain
ly set forth, and every citizen OF
Watertown should have enough inter-
est in this public matter to carefully
peruse the courts opinion.
The principal findings of Judge
Grimm are: That the trustees had a
tight to sell the homestead, as they
have any of the other trust property,
,or the purpose of re-investment OF to
oay for permanent improvements; that
40 agreement with the city was neces-
jary to make this sale; that the city
could not consent to the disposal of
rust property for any purpose other
han permanent improvements or re-
Investment; that necessary repairs to
he trust property must be met out OF
he income, as the will directs; that
he city cannot agree to forever cease
litigation in this trust estate, as the
'ity as q corporation is but co-trus-
ee of the property in the interest of
he real beneficiaries, the citizens, and
hat any such citizen, whenever he
considers that the trust is not being
properly conducted, can seek redress
through the courts; that the debts OF
he estate not previously disposed OF
must be met by the sale of Oscar A.
Coles life interest in the estates in re-
nainder, that is, the eighty acres in
1mmet and the twenty acres in the
Seventh ward, the devises of which
we're held to be void by the supreme
court because the power of alienation
perpetually suspended.
In accordance with the above con-
lusions Judge Grimm, holding the
agreement between the Interested
PARTIES to be in part invalid, disallows
he greater portion of the trustees
account which was rendered as applic-
bile to the proceeds of the homestead
ale. This account footed up to
4,114.07, of which $1.291.34 is al
owed. The allowance is for expenses
sale, $35, and the balance for per-
lament improvements to the trust
roperty, the court making a discrim-
nation between ''permanent improve
tents" and necessary repairs. 1t
ordered that the residue Of the
1000 acquired from the sale, over
I'D above the allowance made for just
I'd proper charges, be invested by the
ustees in Understanding securities
Id held in trust with the other pro-
,rty. The executors and trustees are
dered to render to the court COM
etc and explicit statement of all
cir transactions in relation to the
ust estate from first to last. They
e also ordered to proceed to final
ttlement of the entire estate and to
spose of the life interest in the
tates in remainder. They are di-
cted hereafter to keep their accounts
d transact all their business as exc
tors and trustees. and not as indi-
1uals.
1t is thus to be seen from the ruling
at the citizens of WATERFOWL have
we'd some $1,000 of the late John
Coles endowment, which the city
uncil and other interested parties
ere perfectly willing should be ap-
led for purposes that the court holds
9re not proper. The course of
9nry Mulberger in this matter
ould not be forgotten by our citizens,
though he has been thoroughly con
mined, and even treated unfairly by
S colleagues IN the city council. He
rs the only member of the council
20 deemed the agreement invalid
d who took exceptions to the at
npt to appropriate the proceeds of
homestead sale for the purposes
umerated in the account. While he
d his hackers have not entirely
iumphed, the outcome of the matter
lst be considered in the light Of a
Glory for them.
Judge Grimm, we think, has given
clear and concise decision, and his
amer and methods are such that
me of the interested parties can take
Tense at his rulings.