Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-07-18
COLE CASE AFTERMATH.
The Outcome of the Prolonged Litiga-
tion-Some Things We Are he
minded of in Summing up the

4
Result
With the rendering of the decision
in the matter Of the final settle ment of
the estate, and the entering up of the
judgment in accordance with the find
ings, the long-drawn-out litigation in
the celebrated John w. Cole will case
is at an end, unless the trustees con-
clude to appeal from Judge Grimm's
ruling, which action, it is reasonable
to expect, if history is to repeat itself,
will be taken. But it is quite improb-
able that the trustees can hope to gain
anything by such course and it
would seem wise to desist from further
controversy.
When the litigation was first
started it was claimed to be merely for
the purpose of obtaining proper con-
struction of the will-to see if it was
valid and if the devises could be car
ried out. AS is now we'll understood
the case gradually became bitter
contest between the trustees on the one
side and the city on the other. The
latter has had to fight at every turn
for the retention of it's interest in the
trust estate, but it has been victori-
Gus in every instance. The principal
reason for the controversy was the
personal interest of one of the trustees,
Oscar A. Cole, in the estate. He has
endeavored to obtain for himself
through the courts that which the
testator intended should belong to the
city of Watertown. Judge Grimm
calls attention to this unbecoming
conduct and removes the offender from
his position as trustee. 1t is quite the
general opinion that the judges action
is just, for Mr.. Cole can certainly not
under the circumstances act in har-
mony with the city and do it justice
in administering the sacred trust i'm
posed upon him by his deceased father.
Our people have been slow to believe
that such was the desire of Mr.. Cole,
but they with Judge Grimm, have
finally been forced to the conclusion,
and the substitution of Captain Fred
Kusel as trustee will meet with general
approval.
All the courts that have had to do
with the case are now agreed that the
city's interests shall be fully protected
and that the wishes of the testator as
expressed in his last will shall be en-
tirely respected. By Judge Grimm's
decision the city is placed in possession
of all the real estate mentioned in the
will, subject, of course, to the life in
terest of Oscar a. Cole. 1t has taken
years of litigation to attain this result,
with considerable expense to both sides
In attorneys fees and to the income of
the estate in taxable costs. Through
it all Harlow Peose has labOred with
admirable zeal and ability as counsel
for the city. and he should certainly
feel gratihed over the outcome. At
times he stood almost alone in the
position he took, meeting with OPP
position in his legal efforts even by
the city administration, but he must
now be given credit for having been
farther sighted in his views than most
everybody else.
And in thus briefly alluding to the
finale of the case we are again reminded
of the yeoman service performed by
ex-Mayor Henry Mulberger in allay-
ing the improper proceedings of the
trustees. Soon after Mr.. Mulberger's
entry into the council in the spring of
81 he succeeded in having committee
appointed to investigate the condition
of affairs regarding the trust estate.
The committee, of which he was
chairman hardly met with cordial
reception at the hands of the trustees
and was unable to make very plaus
ible report to the council. Then
the trustees raised a cry of per-
secution, which many believed, and
the result was that the province
of the council investigation committee
was usurped by citizens committee
delegated to amicably adjust all con-
troversy in the case. A settlement
was reached whereby the city con-
scented to the sale of the homestead on
Clyman street (the proceeds of which
were to be used towards REIN bursting
the trustees for costs of adminiStra-
ton and litigation and permanent i'm
provements and repairs to the trust
property, and in return therefor the
trustees and the heirs-at-law agreed to
forever cease litigation in the matter
This proposed action was branded by
Messrs. Pease & Mulberger as a di-
rect misrepresentation of the trust
funds, and they forthwith set about
to prevent it. The agreement was
held valueless by the county court,
but the sale of the homestead was
sanctioned and $4,000 realized from
it. After a few months had elapsed
! The trustees (or eNccuuors) Lied their
account Of expenses as applicable to
the proceeds from the sale. Every
item in the account was for an ex-
penditure such as the will directed
should be paid out of the income.
Mr.. Mulberger here again appeared
and objected to the allowance. the
result being that through decisions