The Somerset reporter., 1885-09-23

said town, ali Of whose taxes will he greatly re
dueed and lrsscned Ivy said legacy to said town II
said VIII Is sustained. And other larse leg A''es
and dcNiscs ot real estate Of great value Az given
in and rs sand " i'll 10 said town oi Skowhesah' -
that all tic Witnesses, thoreta being inhabitants II
and owning Large property IN and rANlnt ln,g,
the time of the execution OF said Will, teneheidN
interested under the same, and therrtoIe leghy
incompetent To subscribe and attest Sud allceNd
VIII rs witnesses thereto.
+--By said alleged viii large sam OF money Ia
Wit SiS,ooo.oo, Is given 10 the Sknwhesah itali
Association, a corporation in sand Skowh hogan dnlN
organized under special charter from the legs
laturr OF Maine in the year 1870 tor the business
purposes therein set forth, and at the time of the
execution of said alleged Mil owning real estate
and personal property of the value OF mere than
Sol.ono, whose capital stock then Was divided into
shares of SiuO.u value each, ct which said George
Gushing At the time oi the execution ~ sad alleged
VIII and long before was owner nj two, which
dividends had been declared aud paid to said Cush
ing. That At the time of the execution OF said al
legged viii the said corporation was in debt about
SSooo.oo, As Your petitioners are informed and be.
lcNc and they further informed and believe that
the legacy aforesaid of said sum OF SlS.ooooo will
entirely cxtineuish the whole indebtedness ot said
corporation, and leave large surplus of assets,
which, with the rents received by said corporation
from the leases of its real estate amounting in the
wear iSS, To- about $4,000, and still larger sum
yearly since, will make all the shares in SAID cor.
porstion highly valuable and dividend paving
stocks SO that for this reason also said George
Gushing who WAS the owner OF two shares IN said
corporation at the time of the execution ct said al
legged Will was directly and bcncfcially interested
under said Will, and therefore legally incompc-
tent To he a witness thereto.
s--By said alleged viii legacy of SSofo.oo was
given to Mrs. Eleanor l.. Turner who *, and on
Fchrurrv /, last the time OF making said decree Of
sand Court of Probate admitting said VIII to
probate, and long before, relative within the
degree VI second cousin TO wit aunt of the Hon.
Turner Buswcl, then and still Judge of said Pro
bate Court. and who made and passed said decree
of said Court admitting said alleged VIII to probate.
said Eleanor l.. Turner having long previously
married Charles X. Turner OF said Skowhrgln 4
brother OF said Hon. Turner Buswels mother,
who then and still is the husband OF sal
Eleanor l.. Turner, and living in said Skowhegan.
Which said relationship between said Hon.
Judge of Probate and one of the substantial lcga-
tees under said alleged viii, existing on SAID
February third, disqualified him under the statute
of this State from acting such Judge of Probate
in approving and allowing said VIII, and from
passing making any judicial decree admitting
said viii 10 probate, he being prohibited by said
statute from acting in any Judicial capacity As your
petitioners are advised and believe, between
said Eleanor l. Turner, and the heirs OF said Alb
ner Cohurn, said Eleanor and said heirs being
parties adversely interested in the approving and
allowing said viii, and in admitting the same to
probate her title and right Ia said $Sooo.ou being
established by the probate of said Will and the
right of said heirs To said S5,pooo being thereby
Your petitioners are therefore advised and be-
lieve that the decree of said Hon. Turner Boswell
approving and allowing said VIII and admitting
the same to probate thereby defeating the right of
the legal heirs of said .Ahner Coburn to said
$s,ooo.oo and transferring the same to said Eleanor
L. Turner. invalid, and that his said relation
ship to said lcgatce, Eleanor l.. Turner rendered
all the proceedings in said Probate Court relating
TO said VIII and admitting the to probate,
void and should be set aside by this Honorable
Court.
For all which reasons your petitioners humbly
pray this Honorable Court that they may be al
lowed to enter and prosecute appeal from said
decree of said Probate Court admitting said al
legged Will OF said Abner Coburn to probate, made
and passed on February ), last.
ALoNzo c. MARsroN.
JULIA a. LONG.
(NorARIAL SEAL
STATE OF CALIFORNIA
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