The Portland daily press., 1886-01-07
PETITION DISMISSED.
Proceedings in the coburn viii
Contest Ended.
The Attempt to Set Aside the VIII
Failure.
Notice Given by the Petitioners That
Exceptions VIII be Filed.
Especial TO the Press.

SKoWHEGAN, Jan. 6.-The friends OF the
late ex-Gov. Coburn have reason to rejoice.
The first act in the attempt to set at nought
his express desire as to the distribution OF
his property has failed and the petitioners
are now obliged to commence just where
they did five days ago with the prestige of
defeat before them. Only those who have
followed the case from its opening to its
close have any adequate idea of the magni-
tude of the fight which has ended in favor OF
the executors. The petitioners, while they
had little or nothing in themselves to entitle
them to a hearing, were represented by one
of the ablest and most persistent lawyers IN
the State. Great care and attention was
given to the preparation of the case on the
part of the petitioners, who recognized that
they had a desperate case and the result is
gratifying to the great majority Of the citl-
zens of the town where the testator lived
and died. This is the best evidence of its
business.
The argument of the Hon. w. L. Putnam,
which was commenced the night before,
was finished on the coming in of the court
this morning 1t was devoted almost en-
tirely to a consideration of that part of the
case touching the jurisdiction of Judge Bus
well to act in his judicial capacity as judge
of probate, and he cited many eminent au-
thorities to prove his position on this most
important matter His remarks were lucid
and to the point. He closed with hand
some tribute to the Maine General Hospital
which had been so handsomely remembered
by the testator and which he is at the
head of.
At the close of his remarks, MI Stewart
commenced his closing argument His first
words were slur at the benevolence of the
testator who, he said, would have done bet
ter if he had given less to such institutions
as the Maine General Hospital and done
more to relieve the suffering of his own inn
mediate family in Skowhegan.
The Judge interposed 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 testator's relatives had been al
lowed to suffer.
The argument opened at 10 o'clock and
continued for six hours, and every branch OF
the case was carefully and ably discussed.
During the time he laid great stress upon the
ldCl blldI uO ltSbllnOHY iiad pOSii oilSiSa "
show the gains in the joint estate OF a. u T.
'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 stated
that he didnot believe any judge could see
his way clear to do otherwise than allow the
appeal, and sat down.
Judge Walton complimented him on his
able argument and leaning forward, ordered
the clerk to enter against the case Appeal
not granted, petition dismissed"
Notice was at once given that exceptions
would be filed and the court adjourned until
morning, when the following exceptions will
be filed by Mr.. Stewart:
The petitioners claimed that as matter OF
legal right upon every fair and judicial view
of the facts in the case, and as matter OF
legal discretion upon said facts which must
be exercised under and governed by the
rules of law and not by mere arbitrary VIII
or caprice, they were entitled to an oppor-
tunity to test the validity of said VIII
which deprived them of a large estate il al
lowed to stand. The presiding judge refuses
to allow them to enter an appeal and denied
the prayer of the petitioners. To this order
and direction, and to the rulings rejected, the
evidence of the petitioners in the progress OF
the case, as shown by the report Of the evil
dence, the petitioners respectfully ex-
cept and pray that their exceptions may be
allowed