The Somerset reporter., 1885-09-23
THE FIRST ACT !
TO Break EX-GOV. CODurl' S
Will.
TWO OF THE HEIRS ASK THE
COURT TO ENTERTAIN A
PETITION TO THAT
END!
ONE OF THE LEaATEES AN AUNT OF
THE JUDGE OF PROBATE
THE DOCUMENT IN FULL!

was TO be taken in the matter, but yester-
day the matter took definite shape in the
Supreme Court. At the coming i'll of the
court, in the afternoon, Hon. ID. ID. Stew
art handed the clerk II document upon
which he asked order of notice to be Civ
en- by the court, before final adjournment |
We give the document in full below, and
1t is understood that the matter of allow
ing the reception of the petition a. prayed
for, will be argued at the December term
of court. Able counsel will be retained
by the executors of the will, and strong
opposition will be made to the reception
of the petition, which asks that the case
be opened and the decree of the Judge of
Probate, probating the will, be set aside
The following is the document, which
was filed by Mr.. Stewart attorney for the
petitioners
To the Hon. Justices of the Saprsne J"d,cia
Court merit TO be holden at Sko,chegan on the
first Tuesday Of September 1855, sitting as
the Supreme Court Of Probate.
Alonzo C. Marston and Julia a. Long both of
Francisco IN inc Stlte Oh
represent and show this Hon. Court that they
are and for many have been, citizens and res.
idcnts of said San Francisco in said State of Cali
fornia and that they originally native citizens
of the State Of Maine and the children of Eliza Co
burn Marston late Of skowhegan in said State, de-
ceased, who was A sister of Abncr Cohurn late Of
| skowhegan, deceased.
| They further respectfully represent and show
that said Abner Coburn died without issue or chill
| dren having never married, and leaving large es-
tate to which your petitioners with Others heirs
and are therefore interested in said estate that they
| are aggrieved by decree Of the Court of Probate
| held at Skowhcgan for and within said County of
Somerset the first Tuesday of February last, be-
| ing the third day of said February, admitting to
Probate certain instrument purporting to be the
last Will and Testament of said Ahner Coburn
which practically and to great extent, if allowed
to stand, disnherits his said heirs that at the time
of the making said decree by said Probate Court
your petitioners were residing in said San Francis.
co in SAID state OF California ana hao no ho'ee OF
knowledge that said alleged last VIII ana testament
| had been presented 10, OF nieu /" s'u ,oo''
Court, or ohered LOT Pfooa'e 'i'elein nor hAu 'e!
or either Oh 'hefh any ho'iee VI N"o"'.uss Va 'A''
decree adn'iohe sa,u aies'a '"S' ".'' "". ss,'
ment TO PROBATE un''i eoruuy 10 1881 "n.n '''
Tune allowed py inc III" I" 'i''iiie io' "PPe'' ""'A
| said decree had expred And your petitioners
| .;c. hoo, ;,o,,,red and believe and charp, the
| nave s'"ee oeen '','' ,,." any, -, -
truth to be that said Aoner .ooorh a'ea On january
| A. 1855; that said alleged last will and testament
and cod;eil thereto attached making part thereof,
anu eoo'.. ''''s'1 e., RI 49,.
came into the hands OF the persons named as exec
utors therein or of them, on the same day Of
NJ. d.,, ma, instead of fling the same rs bv law
A'' u''.'' ''''' ..,:.,, t.Ia
| required at once IN SAID frooa'e eour' which heiu
regular session the sixth day of said month, be-
;nT the first Tuesday of said January, IsS, the said
Ne ,.e ..1 socr.,.d so,d alleged VIII
| executors eoheea'eo anu see'e'eu SA' ssN
and testament and refused to file and open the same
T., s,id prohot. Court a, that dav and refused to al
| :" '''' ''oA'N 0' :, - A., - -, a.,
low any person TO see the coheh's tereoi u"''' INC
fourteenth day of said January 1856 only twenty
dave bcf,r, the same was admitted to probate by
."!, o''o. VIZ .a,;,,.-, a.. ,r,;.,.d
the decree by which your petitiohcrs are ags'e'eu
a. hereinbeforc stated that said executors refused
|