Omaha daily bee., 1909-02-07
MRS. WHARTON WINS AT LAST
Secures Fifty Thousand Dollars in
Boggs Will Case.
TEN YEARS LITIGATION AT END
Supreme Court of state settles suit
that Began when Heirs Of g. n.
BOEgs Attempted 10
Break viii.


Mrs. John C.. wharton was awarded
what amounted TO $4,000 by a decision Of
the Nebraska supreme court handed down
Saturday morning. The ruling is believed
to be the last step in the ten years litiga-
ton following the death Of George H..
Boggs in 1895. Mrs. Wharton was the
widow OF Boggs.
The supreme court holds that Mrs.
Wharton is entitled to s., 400 a year. with
out interest, since 1896, out of the trust
estate created by Boggs' will. This point
was before the supreme court on an APP
peal from a decision Of Judge Kennedy OF
the district court of Douglas county which
gave Mrs. Wharton the annual So, 400 begin
ming January 1, 1898.
The Boggs will case, as II has been called.
began when the collateral heirs tried to
break the will left by Boggs. He had be-
aueathed an estate worth $4,000 and one
half Of this he gave outright to his widow,
who subsequently became Mrs. Wharton.
The other half he made into a trust fund,
the income to go to Mrs. Wharton during
her life, and after that to mis- brothers and
sisters.
The will itself was first attacked on The
ground OF undue influence, but was sus-
tanned In the county court. An appeal to
the district court met the same result, and
then the supreme court was sought. This
sustained the lower courts.
Thu plot now chickens as thick as a
Blaney melodrama- The collateral heirs
declared that Mrs. Wharton was attempting
to wreck the trust fund by selling the real
estate, as the other side claims under the
will she had a perfect right to do. The col
lateral heirs further alleged that when in
the course of events the fund came to them
there would be nothing Of it left.
Title to the Income.
One point came up as to whether Mrs.
Wharton was entitled to the income from
the trust estate before or after receiving
the other income from the $125 900 given
her outright. Her claim that she was en-
titled to the income from the trust fund
first OF all was finally sustained, 1t being
held that It made no difference whether
she had another dollar or not.
The case at length reached the stage
where the amout of income came into cues
ton. 1t had been provided In the will that
Mrs Wharton was to have out of the trust
fund. either from its earnings or principal
II necessary, so much that she might live
in the style maintained at the time OF
Boggs' death.
How much this was became a question
for expert evidence n the testimony OF
g. w. Wattles, C. e. Yost and other well.
to-do men was sought. They took the stand
and nswere hypothetical questions as to
how much money was necessary for one
TO live with three servants, with or with.
out a butler or a second and third footmar
and so on.
Judge Kennedy finally fixed on $500
but did not date 1t back far enough t.
suit and the last appeal was taken to tn,
supreme court.
Mrs. Wharton has secured a victory al
along the line throughout the litigation ex
cept In thu fact that interest is not aliowe,
in the decision given Saturday. Five thou
sand four hundred dollars for fourteen
years would amount to $780,, but Their,
must be deducted from this about SIS 900 al
ready received by her.