The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1886-01-20
Another VIII Contested.
A LENGTHY HEARING At TIE COURT
HOUSE. TIE WILL ADMITTED TO
PROBATE.

| PROBATE.
prolonged hearing was given he
Judge Boswell on the petition against Thy
admission of the will Of Avery Allen, late
of Skowhegan, to probate.
Last August Mr.. Avery Allen, of this
place, died. leaving widow and one son.
He willed his property, consisting of re-
sidence and $500 to his wife. The will pro-
vided that the son should receive 800 in
money The son contests the probating
of the will. He Is repr scented by Hon. D.
d. Stewart. Merrill < Coffin appeared for
the executors of the will. The son claims
that the father was not of tcstamentary
capacity when he executed the will, ow-
paralysis and ultimately caused his death.
Twelve witnesses were examined for
the co, testant and sixteen for the pro-
ponent. The court room was crowded
throughout the hearing, as the interested
parties were old residents and well known
in the village.
The case was entered Tuesday and the
hearing continue until Friday even
ing. Saturday morning Judge Boswell
gave the following decision:
1t appears that as the result of an acct
dent or paralytic shock and accident
combined, the testator was on July 9th,
1883 rendered unconscious for Il time
and that for Il time afterward he was
mentally incapacitatcd to make will.
The will was executed November 10th.
1888 and the question is whether he had
then sufficient mental capacity to make a
will. The tcstator WAS II member of the
firm of Dane, Allen 4 Co., owning one
third interest therein. The firm were
manufacturers of sash, blinds, doors, etc.
and had shop or factory within few
minutes walk of the testators residence
where he regularly worked before the ac-
cident In September 1888 he resumed
work in the shop at his usual employ
ment, working part of the time at first,
and as he grew stronger, increasing the
amount of his labor, until he was able for
a few weeks before November 10th, 1888,
to work regularly full time. The parties
in interest here are the widow to whom
the will gives the homestead and $500;
and the son and sole heir, to whom the
take the residue as heir. The son was at
this time % years old and it appears that
the testator about Il week before Novem-
Der 10TH 1883 executed a deed intending
to give his son his interest in the proper
ty Of Dane, Allen & Co. BY mistake the
deed instead of conveying one-third, con-
veyed one-third of one-thrd, and the tcs
tator discovering the mistake on Novem
Der 18th, 1888, had second deed made
conveying to his son one-thrd. That
deed was duly executed by the teStator
and his wife in REIMBURSEMENT of her
dover, delivered to this son. by him re-
corded on the morning of November 18TH
1888 and he says that about ten O'Clock
of that day he was at the shop demanding
of the remaining partners his rights UNI
der the deed. By that deed the son ac-
quired property for which the other part
ners soon after paid him about $1,000
And the combined effect of the deed and
the will is to substantially divide the
property equally between the widow and
the son. As | have said the will was exc
cuted November 10th, 1883, and it appears
to me that the two deed and the will are
parts of the same purpose and that III eX-
ecutng that purpose the tcstator shew
suliicicul continuity of thought and pur-
doing to justify me in sustaining his will
This conclusion is greatly strengthened
by the fact that at that time none knew
better than the son what his fathers men
tai condition was; and that he, with full
knowledge deliberately on the very day
his fathers will was made, put on record
deed requiring as much mental capacity
20 execute as the will, and asserted his
rights under it, Thus by his acts speak
ing louder than wor's, expressing his
convictions that at that time his father
was of sound and disposing mind and
memory.
| have no need to discuss the evidence
of the witnesses on the one side and on
the other further than to say, that on the
whole it appears to me to preponderatc i'll
favor of my conclusion that the testator,
Avery Allen, on November 10th, 1888 pos
sessed sufficient mental capacity to exc
cute the will here offered for probate.