Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-01-04
THE cOBURN WILL CASE.
Opening Argument by Mr.. Stewart for
the PeiitiOners-Saturday Testimony.

the PeiitiOners-Saturday Testimony.
SKowHBGAN, Jan. 2.
The contest over the Coburn will was re-
sumed today. Mr.. Stewart occupied the en-
tire forenoon and portion of the afternoon
IN completing his opening argument for the
petitioners. He charged the executors of the
will with obtaining journal order of no.
tlce from the probate court Jan. 6. 1885, and
then keeping the will concealed so that no
person could obtain access to it for eight
days, when, by law ard usage, the will should
have remained on the files of the probate
court for the inspection of all parties inter-
ested In its contents, and kept open for that
purpose. Mr.. Putnam, one of the counsel
for the executors, interrupted Mr. Stewart by
stating that the will read to the family on the
night of Gov. Coburn's death, which led Mr..
Stewart to reply that, If that was so, the heir-
were not all notified to be present. as the
petitioners who live in California, knew moth
weeks after Gov. Coburn's decease. Among
the reasons urged by MIR. Steward why the
will should be set aside was on account of
the want of business and tes,amentary capac-
ity of Gov. Coburn for several years prev
ious to his death. Gov. Coburn, he said, on
account of declining faculties, had misman-
aged his immense property, and that also of
his brother, Philander, which he held in
ovI haI h.. a 4
age as he had for 10 years before his death,
there would not have been dollar left for
legatee or an heir. Mr.. Stewart insisted that
the manner in which Gov. Coburn had paid
away, if not squandered the money belong
ing to the estate of Philander could only be
the result of a want of business capacity or
of dishonesty. Nobody charged him with the
latter. He suffered immense losses in wild
cat securities, The nominal value of his in
vestments in stocks and securities amounted
to 81 2,4l6,S74, which, in the inventory, are
only appraised at S220,972.3S Mr.. Stewart
stated that he had been credibly informed
that there were some 100000 or 100000 in
notes of hand that Gov. Coburn held not
enumerated in the inventory, which have be-
coined outlawed and perfectly worthless.
Several witnesses were called by the petition
ers and examined.
Judge Buswell, probate judge, testified that
Mr.. Da,comb, one of the executors of the
will, brought into the probate office Jan. 8,
1885, four days after the demise of Gov. Co.
burn, sealed package containing, as he stat
ed, the will of Gov. Coburn, on the outside
of which was the following superscription in
the handwriting of Mr.. Dascomb; Within
is the will of Abner Coburn, not to be open
ed until Jan. a." Mr. Dascomb obtained
formal order of notice that the will would be
presented for probate Feb. 3. The package
was then left in charge of the register of pro-
bate with instructions to let no person see it
until Jan. IA. Judge Buswell requested Mr..
Dascomb to send an abstract of the will t
associated press, but that gentleman did not
say that he would or would not but as he
made % dissent he supposed that he would,
but he did not. Judge Buswell testified that
Eleanor j.. Turner, a legatee ia the will for
$4,000 was his aunt by marriage.
S. II. Goodwin, register OF probate, testi
fed that he was present when Mr.. Discomb
came to the probate office with the sealed
package containing the will. He did not
recollect Just what Mr. Dascomb said, but he
did recolect that the judge OF probate told
him in Mr.. Dascomb's presence that the will
', .h Iii ;,i> 10 ,,a,t ana !, ,,a
taken out until that date.
George Cushing, one of the witnesses to
the will, testified that his signature to that
.'s,i ."a',l. 'nd ni,;zar sc Sl,a.'hoan on5
sNfa; ffa';aaI s,oniLaidnr ~ ,ta SL"rh'ar
LII a Ssa"a;a,;on '"N gu"
60, ClaraIa,5 tost;fod ,ha. ,o .s ,,,
90 ,t'a ,.;+nassa. to ,ha Vii. that ho hnd ~
~ ,nons s. hsen cit;zsn of Skowbarar ond had
sa;a .aves on rasl and nersnnoi ,rnnar,,
p.u IA. nd xa. a.ked hv NJ tSupv S,dma,
ssWben did von frat observe anv faIl,ng of
To this question Mr.. Putnam objected. Mr..