Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-02-08
SUPREnE COURTS DECISION
huIlng of Lower Court in Cole VIII
Matter Completely Upheld.


A copy of the recent decision of the
state supreme court in The matter
or the tlnal settlement of the estate of
the late John w. Cole has been re-
ceived by City Attorney Harlow Pease.
Ihe opinion was written by Justice
Marshall and is quite exhaustive. It
argues very elaborately on two main
| points raised by the trustees attor-
| neys, namely, as to whether or not
Mr. Mulberger had right to appear
In the case and protest against the
| allowance of the accounts, and as to
whether or not the trustees were priv
LEGGED to make permanent improve
| ments" and pay for the same out of
the body of the trust estate. On both
OF these points the supreme court most
emphatlcally upheld Judge Bennett,
ruling that Mr.. Mulberger had a per-
tect right to appear, and that the
permanent improvements" we're
rather IN the nature of ''repairs,"
should have been made only upon or
der OF the county court, were charge
able against the income, and we're in
fact paid for long before the home
stead was disposed of. Justice Mar
shalPs opinion afirms the circuit
courts ruling in the following salient
! points:
The judgment of the circuit court
ADJUDGED:
FIRST. That the judgment of the
county court ''be, and the same here
| by is, reversed"
SECOND. That the claim which the
executors made against the trust es-
tate amounting to $4,114O7, "be, and
the same hereby is, wholly disaIlowed
and rejected"
THIRD. That the whole sum re-
celved by the trustees as income from
| the trust estate up to January Is,
1898, was the sum of $40, 0,115.3S. and
| that said income so received was more
than sufficient to pay all taxes. insur-
ance, repairs or improvements. made
| or put upon said trust property prior
to January Is, 1898, and in addition
| thereto to pay all the expensa s of the
executors or trustees in administering
said trust, either as executors or
| trustees. And that what are called
| and claimed by said trustees, as ex-
ecutors, in said report as improve
ments, were all paid for by them prior
to June 10th, 1897, out of the income
of said trust estate. so received bv
| them, and that it was an afterthOuUht
on the part of said trustees in at
tempting to have them paid out Of the
body Of the trust estate, at the ex-
pense and to the injury Of the city of
WatertOwn and its inhabitants, the
cestuis que trust; and that the presen-
tatlon to the county court Of said claim
for 81, LA o. by said trustees. was a
fraudulent attempt to take from the
| city OF Watertown said $4,000 from
the body OF the trust estate. and that
the mayor and common council of the
city of WatertOwn had actual notice
OF said unlawful attempt by said trust
ees to take from the city Of Watertown
said $4,000 and give it to Oscar A.
Cole, or to him and his mother"
FOURTH. That pursuant to the terms
Of said will it is the duty of said trust
ees to keep all buildings insured and
in proper state of repair, and pay all
the cost and expense of said repairs,
and insurance, and all taxes that may
be levied on said estate, and also all
expenses of administration of said es-
tate, out Of the income collected from
said estate, and that said will of John
w. Cole did not authorize the execu-
tors, or trustees, to make permanent
improvements upon said trust prop
erty.
FIFTH. That said 1000 in money,
proceeds of the sale of the homestead,
belongs to said trust estate, and that
the same be forthwith invested in
good, interest-bearing securities, ap-
proved by the county court, and that
said trustees safely keep and preserve
the same during the natural life of
Oscar A. Cole and Eliza c.. Cole, and
that Immediately after their death the
same be transferred and surrendered
| to the city Of Watertown.
SIXTH. That the taxable costs and
disbursements be paid out of the in
come from said trust estate.