The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1886-01-06
The Coburn Will!
SHALL IT STAND OR BE
SET ASIDE?
The Hearing Before Judge Walton
THE CLAIMS OF EACH SIDE.

neu sic counsel Ill inc hODuih WI N"'N
that he was ready t. hear the case. 1t
was late In the day, bnt both sides had
been waiting some time and they were
ready to proceed at once. Hon. ID. ID.
Stewart represented the petitioners who
asked to have an appeal from. the decree
of the Probate Court allowed. Hon. r..
F. Webb of Waterville, and Hon. W. H.
Putnam of Portland, represented the Ex-
ccutors of the will There was fair at
tendance of spectators but they grew less
each day as the case proceeds. The ex-
ercises are mostly Of formal nature ana
very embarrassing to one not speciaiiy
Interested In them. The result Will inter
est all, but the path which leads there Il
tiresome to the masses. 1t Is unneces-
sary perhaps to add that both sides OIL
the case are ably represented and 1t Is
vertically fight of legal giants. Moth
ing is taken for granted on either side
but every allegation has to be proved Nc
admissions are made where they can be
avoided. Each side must prove its own
facts.
Mr.. Stewart read the petition which was pub
lished in the REPORTER in full in September
and opened the case for the petitioners. lie
said the grounds upon which the petitioners con
trovcrtcd the will and the proceedings admitting
it to probate were,
l. That Gov. Coburn was not Of sound mind
and testamentary capacity, and did not compre-
bend the actual condition Of his estate and al
fairs when this will was made; that his business
acts and transactions for the past four or five
years Of his life clearly show that his mind was
beginning to fail and break down; and 1t was
evident that when he made this will he did not
and perhaps could not, realize the large losses
that his own estate, as well as the estate OF the
late Philandcr Coburn for which he was respon-
sible, had sustained by his heavy Investments in
speculative md worthless securities; and that
he would not have made such will as this sub
stantially disinheriting his own heirs and rela'
tions, and giving not only his own but tie estate
of Philander Coburn TO strangers, il he had
really understood the true situation Of his affairs
and been in his right mind.
2. That the three witnesses Of the will were
citizens of Skowhegan and large tax payers in
that town, and therefore benefcially interested
under the will which gave valuable tract OF
land to the town In its corporate capacity for a
park, and a donation Of $20, 600 in money for the
support Of the town paupers and persons liable
to become paupers in the town, thus aiding
largely TO relieve the town and its citizens in the
support of their paupers.
3. That Mr.. Geo. Gushing, one OF the wit
nesses to the will, was n stakeholder in the
Skowhcgan Hall Association, private corpora
ton chartered by special act Of the Legislature
in 1865, and authorized to erect large building
with hall and rooms in second story, and story
below, which they rented; the whole corporate
property costing nearly or quite 800 600, and
having an annual income Of about 5000. That
in this corporation Gov. Coburn had always been
the largest stakeholder, owning larger amount
Of common and preferred stock than any other
person since the death Of Philander Coburn in
March, 1875, receiving dividens thereon.
That at the time the will was made, Dec. IL,
1882, the corporation was in debt about $1,000,
being a balance due on the original cost Of the
building, which Gov. Coburn very well knew
and gave u legacy in the will to the corporation
of 8l5, 900 TO enable them tO extingush their
debt and for other purposes. That MIR. Cush-
ing owning two shares Of stock in the cooperation
on which ne had received Mt least four dividends,
was not therefore u competent witness to the
will.
1. That one Of the legntees in the will was
Turner Boswell, Judge Of Probate for the Coun-
ty Of Somerset, who admitted the will to probate
in FEBRUARY last. That In thus admitting said
will to probate, Judge Turner acted in Judicial
capacity, the effect OF which was to transfer the
amount Of the legacy, 5000, from the petition
aunt which by law he was prohibited from do
ing. That the proceedings, therefore in the
probate court, admitting said will to probate
were void for want Of jurisdiction in the Judge OF
Probate, and should be set aside.
Mr.. Stewart commended that the will was in
valid because the witnesses were incompetent;
and that the decree Of the Judge Of Probate was
invalid because Of want Of jurisdiction. In rela-
ton to the first ground set out in the petition,
the want of proper testamentary capacity, he
stated that he should rely chiefly on the pur-
poses Of this hearing, upon two classes or kinds
Of evidence-one to be found in the inventory OF
the estate, the other in the family of the testator
That the inventory would show vast amounts Of
worthless stocks and securities, such as no sane
business man would ever purchase. That he
understood these stocks and bonds had been
chiefly purchased BY Gov. Coburn within the
last four er five years Of his life. or these there
we're n, 8l6,8N which were appraised in the in
ventory at $220, 972, 38; thus showing loss,
nominally at least. of 81, 9o5, SOL ,62. Among
these were Topex, Salina and Weston 6s amount
to 1925, 1000 Tor which he was informed Gov.
Coburn had actually paid $465, 600, In the in
yentory they were sgprised as wholly worthless.
common stock appraised at $90, $3.50; Telephone
Co. stock of 100000 inventoried as worthless;
Northern Pacific preferred stock $4l $50, invcn-
toried ut $l5,S27 3S; Lake Superior and Puget
Sound stock, $50, 100 inventoried as wortlessj
Central Is $4,000, iuvcntoried at
$27 500, but which he had been cen informed Gov.
trail stock, $4,000, inventoried ut $40lO;
Nantasket Land Co. stock, $220, 800 inyen-
toried at nothing; B0ylston Street Land Co.,
.332, 26O, inventoried at nothing; Little Rock
and Fort Smith stock, 827 500. inventoried at
$3.50 Iowa Falls and Sioux City stock, $751;
tod aud nthor
smaller investments Of similar worthless char.
acter. For some of these stocks and bonds he
presumed the Gov. paid nothing; but for many
Of them large sums Of money, he understood. had
been paid. From the best information he could
obtain, he believed that nearly million Of dol
lars had been paid out for these substantially
worthless securities; one half Of which was
money belonging to the heirs Of Philander CO.
burn held BY Gov. C0burn as trusts for such
heirs. Nobody believed Gov. Coburn was dis
honest man; and nobody could believe that a
zane man would pay out trust funds in his
hands for such worthless securities as these.
rhe conclusion seemed to be unavoidable and |
irresistible that Gov. Coburn was breaking |
Town.
Mr.. Stewart also stated that he should offer |
violence to show that insanity was hereditary in
he family. That four of the Governors broth
RS and two sisters had gradually failed in mind
md broken down and died two Of them having
suicide.
That he should rely upon all these facts to
how that when the will was made, there was
allure Of proper testamentary capacity on the
art of Gov. Cohurn.
Saturday forenoon and part Of the afternoon
rere occupied by Mr.. Stewart in the citation
nd reading Of authorities bearing upon the diff
crent legal grounds acted on by him. The ex-
animation OF witnesses then commenced.
The first witness was Judge Boswell of
he Probate Court.
He testified that the first term of the
'robate Court after Gov. c, burns death
opened Jan. g. the day before he was
,uried On that day Judge Dascomb,
me of the executors of the WILL saw him
md said it would hardly appear right to
PRESENT the will for probate before the
Governor was buried, and asked for an
rider of notice, and was replied to that
m order would be granted rs soon as the
viii was brought into court. January
he order was granted, the will being
'rought in in sealed envelope, Endorsed,
Not to be opened till January IA. Judge
3uswell said he himself saw the will the
rst time when 1t was opened, the l4th.
The reason understood by him for so
ealing up the will was that the Somerset
reporter, published In this town, might
ave chance to first publish It, and that
'aper did not have an issue after the will
vac Dresontad for nrOhate till tho Nth |