The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-01-06
THE coRuRN WILL.
Full Report of Yesterdays Proceed
ings in the Contest Case.
The Taking of Testimony on Both
Sides Ended,
Hon. w. L. Putnam Begins His Ar
gument for the Executors.
Especial to the Press.l


both discreet and honorable On the even
ing of the day on which Gov Coburn was
buried january 7th) Judge Dascomb met
the heirs at the residence of Mr.. Pooler and
read the will to them which was then and
has been ever since satisfactory to them. On
the morning of January Sth the will was de-
posted in the probate Office and notice or
dered and it has since remained there. lie
then reviewed the statute on which the pro-
ceeding was based and argued the construc-
tion of the words accident" mistake"
''deficit of notice, without fault of petition
ers'', and ''if justice seems to require it,
claiming that they should have their techni-
cal meaning and that the petitioners were
guilty of acts which ought to deny to them
the prayer of the petition, and that they
made no effective effort to protect their rights
in matter so important to them. He re-
garded the legacies to the town and to the
hall association as in trust, and neither the
town nor the corporation took any title to the
legacies; and, therefore, George Gushing
was not benefeially interested under the pro-
vision of the will and was competent wit
ness in relation to the jurisdiction. He
claimed as follows: The petition alleges
Specification 81 that Eleanor L. Turner, who
receives $4,000 under the 10Th clause of the
will, was related to the judge of probate
within the degree of second csusin-that is,
the husband of Mrs. Turner, the legate, was
an uncle by consanguinity to the judge OF
probate, therefore Mrs. Turner, the legatee,
was an aunt by affinity to the judge. r. s.,
chap. IS, sec. 6. gives the judge general
jurisdiction over the Iestates of all persons
resident in the county or residing out Of the
State and leaving property in his county, or
when property is afterward found in the
county. To this section there is no ex-
ception.
In section there is an exception where
the judge is interested. But the nature of
the interest necessary to disqualify is par
tcularly described and Judge Buswell does
not come within the description. He is most
interested in his own right, nor has he in
any other way any pecuniary interest in the
estate. If he is interested in any legacy it is
not a pecuniary interest, but as a relative,
and the section precludes that by providing
that he shall not be disqualified unless he is
within the degree of kindred by which he
Uldy NY pOoolUlllbJ uO Gil llNlA w UhS NSNSss9-
ed, which possibility does not exist Wheth-
er condition of facts may hereinafter arise
which will disqualify the judge Of probate is
not now in question. For these reasons the
estates could not be transferred to another
county, neither could judge be called in
from any other county; that is, there is no
provision of the statutes broad enough to
authorize them to call in another judge un-
der the facts or any facts involved in the
case. Judge Buswell took the broad ground
that the statute does not require judge OF
probate to be disinterested but he must take
jurisdiction in all cases except when the
statute specially authorizes transfer or an
other judge to be called in.
James B. Dascomb was the first witness
for the executors. He said that he wrote the
will of Gov. Coburn and on the night of the
burial Of Gev Coburn read it to Mr.. NJ. I.
Pooler and Chas A. Marston. Later on, the
same evening, he went to the house of Mr..
M. T. Pooler where were gathered the heirs
and read the will to them. In the fall of
1888 had conversation with Mr.. Alonzo
C. Marston in regard to the will Mr.. Mrs
ton said that he supposed that his uncle had
made will and that he supposed it was un-
derstood that the bulk of the property had
gone outside of the family. About last June
he said to me that he did not know whether
he should attempt to break the will or not,
but he should not attempt it unless he
thought he had a dead sure thing. The exc
cutors heard the conversation after the exec
utors settled with Mr. Marston. They
bought what stocks and bonds he had re-
ceiyed from Mr.. jackson.
At this point a long discussion arose Gas to
whether these bonds were sold to the execu-
tors, acting as the executors of the estate of
Gov. Coburn.
Cross-examination-I told the executors
that did not know about buying the bonds
of Mr. Marston to contest the will. l found
certain notes in the Abner Cobun estate
given by Mr.. Marston. / had understood
from the governor that these notes were to
be paid by dividends from the Philander
Coburn estate. These notes were secured by
mortgage.
Gen. r. B. Shepherd, one of the executors,
testified. Have made an examination of the
estate Of Gov Coburn both in this State and
in the West. In my judgment there is out
side of the State something over 100000.
worth of property belonging to the estate of
A. and P. Coburn. We commenced work on
the books the oath day of February. No
work on the books was done before that
date.
s-examination-This property outside
of the State consists of real estate in Bos-
ton. There are is houses valued at $4,000
in Michigan the land is largely timber
land, it is valued at $4,000 or $4,000 In
Wisconsin there are 240O acres of land in
one tract which is valued at 100000 In
Dakota there are 7O,SoO acres of farm land /;
this land we valued at $354,000. In Wash
ing Territory there are 1000 acres of land
worth two and a half or three dollars per
acre. 81
On cross-examination he said that he sim
ply called on Mrs Long as a matter Of polite
ness and did not pay her any money.
Charles A. Marston, brother ef one of the
petitioners testified to a conversation be-
tween Judge Dascomb and Gen. Shepherd
in regard to settlements with Alonzo Mars
ton.
A letter from the witness to Mrs. Long
was read, also two letters from her to the
| witness. In one of the latter'S letters she
said she objected to signing the petition but
| Alonzo hectored her so she did it to get rid
| of him.
| This closed the case for the executors.
Mr. Stewart then recalled Mr.. A. c. Mars
| ton, but nothing new was obtained. He also
read long letter from Mrs Long in which
! she stated the case as she understood it.
The deposition Of Geo. E. B. jackson, ad-
ministrator of the estate of Philander S.
| Coburn was read He stated that he found
| the total valuation of the estate to be $685.
151. The property out of the State is $780,
| 600 and there has been distributed $512, 800
leaving undivided 100000 of the property.
Out of the State $3.50 is in Massachusetts,
| and the balance in the Western States
When in California, in October last, called
ON Julia A. Long, one of the petitioners
She stated that she did not want to take part
in the attempt to break the will, but was
forced into it by her brother Alonzo who
told her that if she would go into it he would
pay all expenses if they were beaten, also
said he could not proceed unless she Joined
S1Nl I1,r+