The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1886-01-06

4
20 Coburn, who died before Abner. left
no children, and devised his entire estate |
to his wife.
Asa result of an interrogatory by Mr..
Stewart, to ascertain at what time he
first noticed that Philander Coburns
mind was breaking down, All objection
was made by Mr.. Putnam for the respond
ents and sustained by the Judge, who
said that he should exclude such evidence
for the present Mr.. Stewart said that 1t
was part of his array of evidence to
show that Governor coburn had exhibit
cd mental decay previous to his death.
| Charles +. Jones, Treasurer of the Co
burn Hall Association, testified that Gov
ernor Coburn was President of the Asso-
citation from 1876 to the time of his death,
when Levi w. Weston was elected The
receipts for rents and income of tho as
sociation from 1880 to 1885, inclusive,
have been about Sls, 400. From 1869 to
1873 dividends were paid on the original
stock.
Court here adjourned until Monday
morning, counsel wishing to examine the
books of the Association before Witness
cs were further examined.
At the coming In of court Monday
morning the last witness was recalled
and asked to testify as to who drew the
dividends which were paid on the A. L.
Coburn stock. But little satisfaction
was obtained even after long and tedi-
Gus examination.
Abel Prescott, Esq, one of .he ASSES
sors of Skowhcgan was called to testify
as to the taxes paid by A. & 7. Coburn
and also the amount paid by witnesses To
the will.
w. f.. S. Whitman "Tobey Candor"
testified that he called on Judge DascomJ
and requested copy of the will for the
Portland papers but was refused. No
reason was given for the refusal Wit
ness had never seen copy of the will in
print prior to the time he applied for 1t
Jan. 18th.
+. p Mayo, of the REPORTER testified
that he applied to Judge Dascomb for the
will the day that the GOV. died. The next
day he renewed his request and arrange
mcnt was finally reached whereby he was
to receive copy of the will on the even
ing of the 18th for publication on the
18th in the REPORTER.
The deposition of Julia A. Long one of
the petitioners, was read. She stated
that she did not see the will till Jan. 2Gth.
Alonzo c. Marston the other petitioner
was called. He testified that he re-
sided in San Francisco and did rot hear
of the will till JAN Goth when he received
a copy. He at once wrote here to ascer-
tanned what time he had to take an APP
peal or enter objections. Several letters
were read which passed between witness
and his brother Charles A. Marston. In
n letter written by the latter he suggested
that the best grounds for an appeal from
| the will would be unsoundness OF mind.
An agreement was here put In between
the witness and the Executors by which
the witness agrees to pay 100000 In set
Element of all matters between him and
the estate of Abner Coburn. 1t was
shown that since the death of Philander
Coburn the witness had received $4,000
from that estate not counting the money
he settled for in the agreement just re-
ferred to. A long discussion ended upon
the legality of the article of agreement
put In.
Mr.. Stewart here called for the books
and papers of the deceased to show his
financial operations since the death of
Philander BY these books and papers he
claimed tC be able to prove that the de-
ceased was not of sound mind
Mr.. Putnam objected to the putting in
of this great mass of testimony as imma-
terial to proper consideration of this
case He claimed that the real intent of
the calling for these papers was to obtain
testimony to be used in a suit contemplate
ed between the heirs of Philandcr and the
estate of Abner Coburn.
Mr.. Stewart contendcd that the facts of
the unsoundness of the Governors mind
could best be shown by the documents he
had called for.
The presiding Judge stated that the tes-
| NJ md 3 n
which he hsd conducted them would be
very weak evidence Of testsmentary ca
pacity or want Of It, and that In the exer-
else OF his disc e'loDary power he would
decline to hear the evidence until some
thing more substantial was first offered.
That he did not mean to rule that the evil
dence was Incompetent, but that In the
interest OF time he would decline to hear
| 10 until some evidence OF a more reliable
character was frat offered.
This closed the case for the petitioners.
The case for the Executors was then
opened.
In reply to the statements of the counsel for
the petitioners Hon. T.. f. Webb reviewed at
length the business transactions of Gov. Coburn
since the death Of Philander since 1876 and
showed that the co-partnership estate had in
creased under his management over 81 900 600,
GLIDING the petitioners and that MIR. S:ewart's
statement that the Gov. had lost 81 $4,000 in
speculation was error into which Mr.. Stewart
was led by supposing that stocks and bonds in
ventoried at less than par had been purchased
BY the Gov. at par whereas many hundred thou
sand dollars worth had cost but minimum sum.
He further stated that nil the heirs July 20,
1875 gave the Gov. power Of attorney to trans
act, manage and settle Phiander's estate and
make dividends and that the Gov. had made
l. l. t-f. L.. =. il,
er's heirs, the total amount Of dividends being
81 300, 900 and that the petitioners had each re-
ceived SAG, 500 in I'll to this time, including their
share Of ISL, 500 divided by Mr.. Jackson Ad-
ministrator on Philander's estate and that each
of Philander's heirs would probably receive
$3.50, 600 hereafter and were not therefore practi
cally disinherited as they claim; that all the
other heirs except the petitioners were satisfied
with the will of the Gov. and refused to join in |
the petition; that the will was drawn with the
greatest care under the direction OF Judge Dan |
forth and the court should endeayor to construe
the statute that it shonld not prove to be snare
to catch the testator aud nullify his will on the
merest technical grounds, that the will |
charitable one and in the line of previous wills
drawn by the testator and like the testatOr char
table in thought word and deed and that it was
a remarkable coincidence that the attack and
hearing were had in the very court house which
the testator had presented to the county Of Som
erset at an expense of 5O, 900 to lessen the bur-
dens Of taxation Of the people of the county.
He claimed that all the benevolent gifts Of the
Gov were charged to himself and not dollar of
it came from the firm Of A. & p. Coburn. He
alluded to the statement Of Mr.. Stewart that
Gov. Coburn was either insane or dishonest as
doing great violence and injustice to sentiment
Of the community where Gov. Coburn had lived.
In relation to the Probate of the will he stated
that it was read to the heiis Of Gov. Coburn in
the evening Of Jan. Z, after the funeral and on
the 9Th day Of jan. it lodged in the probate
court and thereafter removed in the custody Of
the court and no person called for it there until
after it was published Jan. l4th in the papers.
In relation to the acts of the executors Of the
will about its probate he stated that he regarded
their conduct as both decent and honorable. In
the evening of the day on which Gov. Coburn
was buried, Jan. It'll Judge Dascomb met the
heirs at the residence Of Mr.. Pooler and read the
will to them. On the morning of Jan. 9Th the
will was deposited in the probate Office and no.
tice ordered and it has since remained there.
He then reviewed the statute upon which the
was based and argued the construc-
ton of the words "accident" "mistake" defect
Of notice" "without fault Of petitioners" and "if
Justice seems to xequre it" claiming that they
should have their technical meaning and that
the petitioners were guilty of acts which ought
to deny to them the prayer Of their petition, that
they made no effective effort to protect their
s.~~. at.-. H. |