Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-12-03
FROM PORTLAND.
A Long Suppressed Will Broug hi to Light
in Cape Elizabeth after 80 Years.

PORTLAND, Dec. 2.
novel case came up in the Probate Court
At Portland Wednesday evening, which will
probably be the basis of protracted law suit
Ihe will of Benz. Deake of Cape Elizabeth
was presented for probate Wednesday. Mr..
Deake died in 1854, leaving two SONS, Chas.
and Geo. Deake. No will was brought for
ward after his death and the estate was divid-
ed between the sons as heirs. Both Charles
and George are now dead. and among their
papers has been found this will, thirty-two
years old. The will leaves his estate in trust,
Miles Standish of Boston being named as
trustee, the income thereof being paid to his
sons, Charles and George, during their lives,
and after their decease the grapdchildr n
were to have the benefit of it.
The witnesses to the will were Gardner S.
Sturdivant and Elias B. Blake, all of whom
are now dead, but their handwriting has been
identified beyond doubt. The present condi-
ton of the estate is as follows:
Charles Deake of Portland left will leav-
ing his property in trust for the benefit of his
children, Charles A. and Ella Deake, of
Portland, and Mrs. Edith L. Brown of New
YORK. George Deake lately died in Boston,
leaving no children. He left will leaving
the use of his property to his widow during
her life time, and at her decease the properly
to be divided among several benevolent in
shtutions.
The children of Charles Deake present the
newly discovered will for probate claiming
that they are entitled to the whole property.
Our statutes prohibit the probate of will
after so many years from the decease of the
testator, but the attorneys for the Deakes, N.
and II. B. Cleaves, contending that the statute
does not apply where the will has been sup
pressed and carried out of the state as in this
care, and that the will must be presented for
probate and decision obtained before other
proceedings can be instituted in the higher
courts. Judge Peabody rendered a decision
denying the will and the case will now be
brought before the equity court.
Annual Report Showing the Business OF
the Past Year OF the r. & X. X. Il.
The annual meeting of the Portland &
Rochester Railroad adjourned for two weeks
Wednesday morning. The report states that
the gross earnings for the year ending Sept.
80, 1885, have been $lSl ,9OO44 operating
expenses, $l56, 6,627.6l; net earnings, $25,
202. .S3 about the same as last years, although
the receipts of the road this year were Sl9,-
931 less than last year. The freight hauled
during the year amounted to 1l0,85 against
l02, $3.50 tons for the year before, and the
number of passengers carried was l76, ,S29 as
compared with III, 1923 for the year before
Two dividends of per cent each, amounting
to 1923, ,532 80 have been paid from the earn
ings. Out of the earnings of this year have
also been laid llOS tons of steel rails, and
IL $50 cedar ties. Six hundred tons of addi-
tional rails and 1873 ties which have been
laid, will be charged to the earnings of next
year. Improvements have been made on the
track, and stations have been made at various
places along the line.
Annual Election of Officers of the RUM
ford Falls q Buckfield II. X.
The annual meeting of the Rumford Falls
& Buckfield railroad elected the following
officers;
Presdent-Hon. w. L. Putnam of Port
land.
Vice President-Otis Hayford, Canton.
Clerks. G. Andrews, Portland.
Treasurer r. e, Bradford, Portland.
Superintendent-L. l.. Lincoln, Portland.
Directors-W. l.. Putnam, s. c. Andrews,
Charles r. Milliken and w. H. Moulton of
Portland; Geo. c. Wing, Auburn; Otis Hay
ford, Canton; Geo. ID. Bisbee, Buckfeld.
The gross earnings for the year were
SAG, 757; operating expenses, s35 ,23l; net in
come, Sll,525; interest, $l3,l69: deficit,
81 ,643 improvements, Sl9,s0S. The i'm
provements are two new bridges and new
steel and iron for the track. More than half
the track is now steel.