The Portland daily press., 1886-01-05
THE coBURN WILL.
Report of Yesterdays Proceedings
in the Contest Case.
Abstract of MIR. Putnam's Answer to
the Petitioners.

SKowHEaAN, Jan, AIN the Coburn will
case today Chas. f. Jones, agent for the Co
burn Hall Association, testified that George
Cushing, one of the witnesses of the will,
held two shares of the association stock, and
that in 1874 a dividend was declared on the
original stock and that Cushing sold his
shares before the will was probated in Jan
uary.
The counsel for the heirs said that this
was to show that Cushing, witness to the
will, was an interested person by holding
shares in an association that received a leg
acy by virtue of the will.
W. E. Whitman Toby Candor) was called.
He stated that he went to Skowhegan and
asked J. B. Dascomb for copy of the will
for press purposes after notices of probate
had been issued, and that Dascomb refused
him.
E. P. Mayo, of the Somerset Reporter,
stated that he asked Mr.. Dascomb for copy
of the. will the next day after Governor CO.
burn was buried, and was refused, but with
the promise that he should have it first OF
any one. He asked for it several times up to
the 18th of January,-w he got it,-but
was requested not to let any man see it or to
let copy of it go out of his Office until the
morning of the 14th. Papers in this and 9TH
er States had telegraphed for the viii to him
prior to the 14th.
Abel Prescott, first selectman Of Skowhe-
gan, testified that the Coburns were taxed as
A. & P. Coburn, and that all the witnesses
of the will were heavy tax payers.
The counsel said that this last testimony
was to show that the property was that of A.
& P. Coburn, and not Abner Coburn; that
the Governor had not the right to bequeath
the property that was his and his brothers
jointly; and that the will did this and with
out the proper right and power.
The court adjourned at o'clock this after
noon.
Hon. w. L. Putnam of Portland, who ap-
pears in behalf of the executors, makes an
swer, in substance as follows "The answer
of James B. Dascomb, Russell B. Shepherd,
George N. Page and Levi W. Weston, eXecu-
tors of the last will and testament of Abner
Coburn, deceased, to the petition of Alonzo
G. Marston and Julia A. Long, children of
Abner Coburn's sister. The executors deny
that the petitioners are: practically or to a
great extent disinherited. They assert that
the estate of Abner is of the value of about
two millions; that the legacies and deyises
are of about one million; that Philander Co.
burn was his partner in business, and died
March 9th, 1876, leaving the same heirs as
Abner except his brothers Alonzo and
Stephen, since deceased except that Abner
was an heir of Philander that Philander
left an estate of about two millions; that
Abner distributed about $65O,0OO of this to
the heirs, including the petitioners; that at
Abner's decease there remained about ST.
100000; that these petitioners will receive
$250,OoO Notwithstanding the legacies, suf-
ficiently large and bountiful provision. All
the heirs except the two petitioners are
satisfied, and made no complaint.
True, Alonzo's portion of Abner's estate is
given to his son. But that was on account of
the improvident habits of Alonzo, and his
want of financial capacity, all of which was
well known to Abner. As Alonzo receives
from Philander 1926, 600, this son receives as
much from Abner. Both are well provided
for.
.. The petitioners received a copy of the
will, January 26. They were given till the
23d of February, 2S days, in which to enter
an appeal. The law allows 20 days.
3. The intention to appeal was formed
long after the right to appeal had passed.
4. Denying any concealment of the will.
The will was read to such Of the heirs as
were present on the night of the Governors
burial.
The answer controverts specifically all the
reasons given for appeal and closes as
follows:
Wherefore, said executors pray that if,
upon the matters set out the court shall be
of opinion that justice requires revision of
any part of the decree probating the will,
and that an appeal should be allowed, said
petition shall be granted only upon such
reasonable terms as will protect said estate
and the parties concerned therein from all
unnecessary litigation, and from all attempts
to set aside said will for any measures OF
technical character, not required, in order to
do justice to the parties concerned as con-
templated by the statute providing for the
filing Of said petition.