The Portland daily press., 1884-12-24

4
| transa ctions with Mrs. Stone up to October,
1880, tina only evidence in existence
being the stubs of the check book.
| Mrs Stone gave me a monthly receipt upon
| the presentation of the check stubs. After
| the S2O0. 600 transaction kept regular cash
| book. Prior to January, 1S79 paid out for
| Mrs. Stone S18, ,062 50 but left no vouchers or
| receipts with Mrs. Stone TO show for the
money. Have nothing to show that money
| was paid over to Mrs. Stone except the MONTH
| ly receipts. She had no record herself of these
moneys Depended upon Mrs. Stones memo
rY Tor the vouchers and books. Have as vet
done no good with the S25 600 given me, for the
reason that was allowing the money to ac.
cumulate. admit that, had all the heirs
Jared as well as my own family, it would have
| taken about ss$3, 600, 900 to pay them. FIRE.
| quently talked with Mrs. Stone about her hus-
band making will. Cannot tell when the
idea first struck me of distributing Mrs. Stone s
| large estate, but think it might have been as
far back as 1875. Mr.. Stone never talked with
| me about distributing his property for the good
| OF mankind. My idea was that Mr. Stones
| estate was about S1,0G0,000. Drafted both
Mr.. and Mrs. Stones wills without assistance
| from any one, except an alteration suggested
| by Mr.. Sewell, relative TO a bsquest to him
| self. Admit that, in order to distribute the
| property, 1t would require the death of both
| Mr.. and Mrs. Stone. In answer to question
| as to wneFher witness was contemplating the
| death OF both parties, he said: NV designs rel
Il
| measures OF wisdom in case of their death. The
subject was diseased privately with Mr.. Page,
! and both considered it best not to take Mr..
Cutler into the discussions. Neither
informed of the scheme to have myself
and Mr.. Hardy appointed trustees
OF Mrs. Stones property. Did not think
either MIR. Cutler or Mr.. Page understood my
| position as paid adviser OF Mrs. Stone, as I
| never told any one of it. Finally informed
Mr.. Cutler, and it produced a change in the
feelings of Mr.. Cutler. Never denied to the
| co-exeeutors having received money from Mrs.
/ Stone for my services. First discovered fail
ing In Mrs Stones memory in 1879. A letter
| was produced written by witness in October,
1878, showing that Mrs. Stone had forgotten
| $50,0O0 as legacy to Mr.. Wilcox. Am not
aware OF having done anything to prejudice
| Mr.. Stone against either Mr. Page or Mr..
| Cutler, but might have said that had not so
much confidence in Mr.. Page as at first but
| was not aware of saying anything against
| either purposely. Much of the testimony of
| Mr.. Cutler was denied by witness. Never
| told Mrs. Stone that the Institute OF Tech
nology was an atheistic. institution, and un-
| worthy OF receiving any money. The note of
| Mrs. Hardy for S., 900 given me by Mrs. Stone
| was found among MIR. Stones assets, and is
still unpaid. Mrs. Stone was sverse to lending
| money, and the possession of this note had the
| appearahce of loan of that amount to Mr..
Hardy, and she wanted to get rid of it on this
| account. When presented the order to the
| executors for the note, did not tell them that
Mrs Stone gave 1t TO me outright. Afterward
| Mrs. Stone gave me 50 600 to make up for the
non-payment of the note. Do not rememhAr
| going TO MIR. Hardy's ottiee more than once.
| The other two visits are an entire blank in nv
memory. The second will is in Mrs. Stones
own handwriting and I should say it would
have taken her 10 or 20 minutes to have
written it, Never knew Mrs. Stone to write
anything else other than her signature after her
husbands death.
A paper was put in, representing the four
rules for the distribution of the estate. The
rules were:
First-I wish the fund tc be consecrated tn the
upbuilding of the of Christ in the promotion
of evangelical religion and Christian religion,
Second-l wish it to be in the main confined to
sucn work within the lines of the Congregational
denomination.
Ihird-I wish it to be chiefly devoted to the en-
dowment and support of established and perma-
nent institutions such as Christian colleges and
theological seminares so that the money safely
invested may be promoting the cause of Christ for
centuries to come. Whatever aid is given to benev-
olent socetes charitable objects where it will be
Immediately expended, should be comparatively
small
Fourth-I wish that the fund should be mainly
devoted to the upbuilding of the Redeemer's king
dom IN our own. rather than in foreign lands.
Maiden, Sept. 3, 1878.
This morning Mr.. Wilcox was still on the
witness stand, his cross examination being
conducted by Mr.. Morse. He said that he
does not remember that he had any curiosity
about nor interest in the will he knew very
we'll what Mrs. Stones intentions we're, and
that If she made new will that it would pro-
vide for the expenditure of the money in
benehcent work. Mrs. Stone, was, it might al
most be said, person Of ohildlike transpar-
ency; he has no knowledge that any one but
himself talked on business with Mrs Stone
between May 10 and May 90, 1879, while the
execution of the will was pending; she told
him that she had made new will, and that
she was going to Boston for the purpose of
| executing 1t; there was no reason that the
| Will should not have been exeeu ted in Maiden
| but he did not say SO to her. for the reason al
| ready several times stated, that il he had any
| thing to do with the document her relatives
| would claim that he had unduly influenced
| her; he does not know that any person sug-
| gested 20 Mrs. Stone that she SO change her
| will as she did change it, that ths time limit
| in regard to the distribution OF the property
| would be removed; this act seemed strange to
| himi he had no knowledge that hs was to be
| sole executor; his only conversation with her
I concerning the terms OF the will had reference
| to the bequest, afterwards reyokedto Mr.. ID. b.
| s. Page; he does not remember that at that
time she said any thing about codicil, but he
| thinks codicil was the result of that CONVEX
| sation; IT his testimony does not agree with
| that given by him in the probate court it is be-
Cause time and reflection have refreshed his
| recollectiou he did not then intend to give Ii o
| idea that he knew nothing OF the will until
! after Mrs. Stones death; he meant then to say
that he had seen nothing of the contents Uf
| the Will; his answer to an unexpected call was
| meant TO be, and he believes it to have been
| truthful; he had had no knowledge by person.
1 al inspection, of the contents OF the will; he
| does not know why he did not say that Mr..
| Hardy had read the will to him; before that
he had been preparing himself somewhat for a
| contest, but he had no idea when he went into
| the Probate Court that he was to be called to
the witness stand: Mrs. Stones old will, when
he went to get it for her, was in the executors
box; he cannot say whether he did or did not
break seal on that box; be did not inform
| his cc-executors that he was about to take the
old will, as he considered it to have been the
| property of Mrs. Stone, and that he had a per-
tect right to open the box IL he chose to do SO;
| 1t was the advice of counsel, not his advice,
| that she Cancelled this will; he does not remem-
| Der that he approved or disapproved this can
| collation.; Mrs. Stone objected to Mr.. Cutler
| that II he could he would give all the property
to relstivesj in the Probate Cours witness may
| have said that the reason for this objection was
| that Mr.. Cutler would give the money to hos
pitfalls and other philanthropic institutions.
| while Mrs. Stone desired it to be used for
| Christian eoucation; he first saw trustee pa,
| per in the hands of MIR. Cutler, who had II
from Mr.. Sewell; neither Mr.. Page ncr Mr.
Cutler, he thought, had anything to
| do with the rules made by Mrs.
Stone for the disposition of the property'
be took fees as Trustee, but these fees were
|
that any order for payment from the trust fund
was written by any one but himself, but be
cannot say that such orders were not written
by others he never had an order giving him
the disposition OF nearly 81 100000; he was as
founded when he he ard it stated that he had
on April IL, 1879, he placed an order dis posing
OF $S35, 900 in the box Of the Trustees without
saying anything to them about it; he supposed
that they would find it when they opened the
box; he had no thought of any attempt to con.
ceal it, nor that he was acting improperly;
when they discovered it they talked 10 him as
# he had acted dishonoraely in order to in.
duce Mrs. Stone to sign it, and the manner OF
its deposition was commented upon; he didlnot
rememberEMrs. Stone said to him she supposed
the other Trustees were being consulted he
never gave her any reason to suppose that be
was having such conference; if she did have
such an idea she was in error; he did not con-
slider Mr.. Page nor Mr.. Cutler competent to
advise in the disposition of the money in such
manner as Mrs. Stone desired that it should be
disposed of; he is not aware that he ever owed