The Republican journal. [volume] (Belfast, Me.) 1829-current, 1874-11-05
Supreme judicial Court
JUDGE BARRoWs, PRESIDING,

| of Probate, approving the will Of Abigail Brad
| street, late of Montville.
The case shows that Abigail Bradstreet,
| woman who had been of strong character ant
| will, and more than average capacity was At
| tackled with acute rheumatism, May I'd 1873
! her wrists became swollen and painful ON th,
| 4th on the 1th it extended to her lower eX
| remities, and she took her bed. from which she
| never rose. She executed her will on the 14th
| and on June 18th, 1873 She died. She left prop
erty, real and personal, valued at $500 or more
| She left two children and grandchildren, who
would have inherited She devised all her rea
estate to her daughter Lucy: bequeathed bee
and heddlng to her granddaughter, Celestia Brad
| street; 500 10 her grandson Silas Bradstreet
| 500 to her neico, Jerusha Johnson: $500 to the
| denomination called splritualists; $40 to hel
| only surviving son, Charles; and the residue 10
her daughter Lucy, in addition to the real estate
| before named.
| Charles Bradstreet, the .pt., says that hi,
| mother, in possession OF her faculties, would
not have cut him off with $40; that it " is a
crazy thing to give $20G to the Spiritualists
that the fever of her disease, and the effect OF
opiates, and her Spiritualistic faith and sur
roundings had dethroned her reason; that She
seemed to see and converse with the absent and
the dead; that she was insane and not possessed
of what the law terms q sound mind.
The executor says True, she was Spirit
ualist. and i'll herfeyer and her dreams, and W.
der the effects of medicine, talked incoherentiy
IN the presence of her watchers in the troubles
| of the night; but when well awake, as she wa
on the day she dictated and signed her will, her
intellect was as clear as when i'll perfect health
True, the legacy to the Spirtualist5 was void
for uncertainty, but did not indicate any mental
unsoundness. The courts are fun Of law suits
to settle the construction of instruments drawn
by lavmen. 1t is not unnatural for a mother
to discriminate in her gifts to her children per
ferring daughter to Il son. and the one most
in need.
The court said to the jury. in substance the
question was not whether the will was 4 pro
per one in their judgment,-suc one as they
would advise or make--but whether She was
Of sound and disposing mind, and whether thi.
was her will. The Jury found that it was her
Will, and that she was OF sound mind, and that
there was no undue influence.
The will was sustained.
Fogler for The viii KnoWlton with Mcclellan
for aplt.
Nathan B. Turner ~. Elbridge II. Seco
Debt on an instrument containing contract
under seal, by which pltf delivers Il woke Of
Young cattle, valued at S25, to deft., which he
is to keep stipulated time, and then to sell,
and the price to be divided equally between the
parties. If either party fails in his covenant,
hs forteits $40 as lquate damages 10 the
other.
Defense. Wrong form of action
On suggestion of court, pill. withdraws the
action from the jury. The case is compromis-
ed, and the clerk enters ''neither party
Turner pro Sc johnson or9 .Se-co
State VS.. Nathan r. Dantorth. Indictment
for obtaining notes and money, SOP %. Of
Eliza Briggs of Freedom. in October, 1S72
Eliza says that deft. invited her to his house
TO assist his wife in caring for her children in
consideration Of her board, that being there by
false representations he induced her to deliver
to him good notes and her savings bank book OF
the value stated, being all her earthly property
in fact he was poor and worthless, where he
represented to her that he owned the store LOT
on which he was building, and the lot and
house on which he lived excepting only 800
incumbrance on the house, he had no title to
the store lot that he built store, perhaps his
personal property, on another mans land that
the store was mortgaged that he had no title
to the house or lot which has since come into
the hands of his mother; that after living in
deus. family year and a half, he hayi ing play
ed al storekeeping year. and left it for school
keeping, his wife turned cold shoulder to her.
told her to go upon the town, which she has
been compelled TO do.
She says further that deft promised that
after collecting and before using the money, he
would give her good security; that he used The
money, has given her no security and has turn
ed her out to the cold charities of the world.
Defense. Yes. | have received all of this
poor woman's money and spent it; YES, | ana
poor and unable to give security. The complain
ant knew that | had failed III trade short
time before; did not make the representations.
She came to live with me under an agreement
on my part to support her during her natural
life, for the sum of 5000 and her furniture. |
treated her well and am sorry she left and am
willing now TO compensate her for what she
has lost by me.
Verdict for deft.
Foger, co. Atty, for the State. Mcclellan
for deft.
Jacob NJ. Paul vs. Robert Patterson account
annpyed for no pnr,Ia nj Stava ,yood hauI.l to
defendants mills in 1870 in February. March and
April, at an agreed price per cord, amounting
to $l77.
Defense. True the wood came into my hands
at that price, and of Of land in which you had
an interest as assignee OF q bond for a deed.
But it is unreasonable for you to ask pay, for
YOU only paid $15 for the land which cost your
assignee $685.. You have no legal claim on any
body, not on your assignee John Sanborn; for
he was in possession when he assigned to you,
and continued in possession under an arrange
ment with you to haul to your mills the long
lumber in discharge so far, of your claim under
the assignment which was in the nature OF a
mortgage. The short lumber lie was to dispose
of to pay 800 note to your brother towards
the purchase price of the land and the balance
was to pay his men and supplies for operating.
You have no claim on my son George therefore
who bought of Sanborn and paid in full, and
$T5 over which he must lose; not any claim on
me who bought of and paid to George. You
afterwards settled with Sanborn and passed
receipts.
Reply. No such arrangement. l sold this