The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-04-01
A Contested Will

Nathaniel Gilman died in Wateryille in De-
cember, 1859, leaving about 100000. In his
will he provided that the estate should be d.
vded into ten equal shares. among his chill
dren, to be paid at the age of % years. To his
widow he left for her use one-third part of a
house in Clinton street, Brooklyn, with the
furniture and plate, a horse and chaise, por-
trait. diamonds, and $4,000 in cash. Besides
this he left $4,000 to be invested-four per
cent of the interest to be given to her for her
use, and the rest to be added to the principal.
The testator had been married twice and had
children by each wife. He also gave to the
use of his widow and her children, the rents
and profits of hotel and two stores. Should
his wife contest the will, be ordered that the
cash amounts set aside for her and her chill
dren's use should be divided among all his
children. He named as executors George F..
Charles B., and Anna *. Gilman, Isaac Red
ipgton, Edward Mcclellan, and Sumner Perci-
val, the three last named being sons in-law.
The testator was an extensive leather mer-
chant in New York, but his residence at the
time of his death, it is claimed by the younger
children, was at Waterville. The first litga-
ton in the estate grew out of this, and the
question was raiSed as to where the will should
be probated
The will was long contested, and during the
contest Cyrus Curtis was appointed by the
Surrogate receiver of the estate. The will was
finally admitted to probate May "a, 1861, but
there has been litigation ever since Shortly
after the death of Mr.. Gilman, his widow filed
petititlon in the Probate Court of Kennebec
county for the setting apart of a sum of money
in lieu of dover, and was allowed $50, 900
George f. Gilman, the senior executor, ap-
pealed from this to the Supreme Court, which
affirmed the order of the Court of Probate and
increased the allowance to $4,000. The widow
then brought suit in the Supreme Court of New
York against the executors to obtain the
money. She also began an action in the Cir
cult Court OF the Unitod States against Geo
+. Gilman to recover the amount on promis-
sory note given by him to Nathaniel Gilman
Soon after the beginning of these actions W.
W. Gilman and George G. Percival Zone of the
grandsons) commenced an action against the
widow to restrain the prosecutions of the two
actions brought by her. The trials resulted in
decision for the plaintiffs.
A compromise was finally entered into be-
tween all parties except Anna X. Gilman, the
executrix and heir, who was absent in Europe
The agreement proposed to give the widow, in
addition to about$20,000 already received by
her, the sum of 900 and her costs and coun-
sci fees, in all about 900, in full settlement
OF her claims. 1t was also proposed to annul
the several suits pending, and that all judy
ments against any of the parties should be can
celled; that an account should be made, an IN
ventory rendered, and the estate be distrib
uted.
Anna K. Gilman then brought suit against
George f. GIm IN, and others for negligence,
waste OF property, sc. She also brought suit
against Surrogate Hutchinson for money paid
out which the claims we're improperly charged
There has been about $3.50 900 spent in liti
cation, and the estate remains as far from
complete administrations as it did fifteen years
ago