The Somerset reporter., 1886-01-13
Tho Coburn VIII.
THE PETITION THAT IT Blk SET ASIDE
PROMPTLY DISMISSED.

THE PETITION THAT 1T BIZ sET ASIDE |
PROMPTLY DISMISSED.
In our last we gave an extended &C.
count Of the hearing before Judge Wal
ton, on the petition that the will Of Gov
ernor Coburn be set aside, up to the clos
ing arguments of the counsel on each
side. Mr.. Putnam concluded his argu-
mcnt, Wednesday, which was commenced
the night before. 1t was devoted almost
entirely to a consideration of that part of
the case touching the Jurisdiction of
Judge Boswell to act In his judicial Ca
pacity as judge of probate, and he cited
eminent authorities to prove his position
ON this most important matter. His re-
marks were lucid and to the point. He
closed as follows:
Now, II your Honor please, think
have gone over the legal points which
arise In this Cast; and trust appreciate
the attention which your Honor has given
me-. have eDdesvored TO show, as | WA
mound to sh. " aud ~ had q right Ia
show that this will WAS n just will under
oil the circumstances. | havr said little
about Its benenceDce, but l couot not
YOUR Honor csnnotavoid noticing what vi
all notice, that this " III is The must muDih-
cent exemplificatiun m this State, AMI
perhaps 10 all New England, If thr In
junction that "uuto whomsoever much IL
gwen, OF him much shall be required"
| The charities for which this viii provides
were those which, IT is apparent f. IN ihr
| case and which 10 a matter Of common
knowledge, were cl se to the heart of the
testator. II there was any thing In which
Gov. Coburn was interested, 1t has been
the sufferiDgs and the hopes Of the liberia
te, races st the South. Your honor
knows, we all know. those ut US engaged
10 the legal pr 1fcssioo all know, how be-
inefficient are these requests Tor public ed
ucstion. How often 1t Is that a young
man struggling for position In life is
aided forward by a helping hand at AL OPP
perfume moment, and how often also
thrown back by the want of the slight H.
sistance, which he would Il dly obtain II
he Guild
One OF these Institutions II has b. en- my
good fortune 10 be connected with from
its origin. | should be glad to take all
persons within hearing through the well
| tired aud pleasant wards Of the Maine
General Hospital, and ask them to consid-
er how many rarched lips will be cooled,
and the pillows OF how msny aching heads
will be smoothes. by the tequest given in
this will to that institution.
At,imes when | have been considering
this matter, IL seemed to me as though
myrisds of The poor, the oppressed, the
sick, or those brok. n In limb aud broken
In body, who through future years will
derive benefit from this will. have gathered
ab out me and asked me to rise To heights
Of eioquence In their behalf; but, may II
please your Honor, am allowed only to
speak with the voice OF the law. l can
only ask tina, these petitioners receive the
the same justice which they are willing t.,
give. | can only AK that your honor
shall hold them to the same rigid rules Of
the law which thev seeb To apply 10 US.
And yet, II seems to me do not &" be-
sOn my province, l only give expression
to . natural feeling, when ask your Hon
or to palsy now, here, ON this spot, the
profane hand seeking to deface the mag
niicent monument which Abner Cpburn,
rightfully and by his own industry, has
ugri To erect 10 order te carry hi mann
and memory to future generations"
At the close of his remarks, Mr. Stew
art commenced his closing argument. He
reflected upon the benevolence Of the tes-
tator, saying he would have done better
If he had given less to such institutions
as he Maine General Hospital and done
more to relieve the suffering of his own
immediate family in Skowhegan.
The judge interposcd and objected to
this sort of argument and said that there
was no sort of testimony In the case to
prove that any of the testators relatives
had been allowed to suffer.
The argument opener at 10 O'Clock and
continued for six hours, and every branch
of the case was carefully and ably dis
cuSsed. During the time he laid great
stress upon the fact that no testimony
had been offered to show the gains in the
joint estate of A K L. Coburn that were
claimed could and would be shown by the
executors.
The result came at $50 p. m, when the
argument had closed. Mr.. Stewart stat
ed that he did not believe any judge could
see his way clear to do otherwise than al
low the appeal, and sat down.
Judge Walton complimented him on his
able argument, and leaning forward ord.
cred the clerk to enter against the case
leave to appeal not granted. Petition
dismissed
Notice was at once given that excep-
tons would be filed and the court ad
jourEed until morning, when the follow
ing exceptions were filed by Mr.. Stewart
|
Tor leave 10 enter an appeal from the de-
cree of Judge Of Probate for Somerset
county, admitting to probate the will of
Abner Coburn.
The petition. answer of the executors,
will decree of the Probate Court admit
ing the will to probate, and all the evil
dence introduced upon both sides, makes
the case and to be copied and reported in
| full. The petitioners claimed that the
statute upon which these proceedings
were based was remedial and should be
construed fairly and literally in favor of
the rights of persons situated as the Pc
titioners are shown by the facts to be ;
that as matter of legal right upon every
fair and judicial view of the facts in the
case, and as matter of legal descision up
on said facts, which must be exercised
under, and governed by, the rules of law,
and not by mere arbitrary will, or wish,
or caprice, they were entitled to an OPP.
portunity to test the validity of said will,
which, If allowed to stand, deprived them
of large estate.
The presiding Judge refused to allow
them to enter an appeal and denied the
prayer of the petition. To this order and
direction and denial, and to the rulings of
the court rejecting the evidence offered by
the petitioners in the progress of the case,
as shown by the report of the evidence,
the petitioners respectfully except and
pray that their exceptions may be allowed.
BY
d. ID. Stewart, their Atty.
The respondents object to the allow
ance of exceptions to the order of the
court denying the appeal and disnissing
the petition; and allow the exceptions
conditionally; that is they are to be re-
garded as allowed If the petitioners have
a right to except, which right is to be de-
tcrmined by the law court.
c. w. Walton,
Justice Presiding.
The court gave the greatest latitude to
the hearing and listened with great pa
thence to the exhaustive citations of au-
thorities, examination of witnesses and
arguments. The petitioners have had
every possible advantage and opportunity
to make out good case.
Thus the petitioners are defeated at
the start but If the law court will not
allow the exceptions and give a hearing
the counsel for the petitioners says he win
carry it to an adjoining county and speaks
in the most positive terms of his ability
to break the will before he gets through
with it. On the other hand the remon-