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

statute does not require Judge OF Probate TO
be disinterested, but that he must take lurisdic-
lion in all cases except when the statute special
" authorizes a transfer or another judge called
in.
Mr.. Putnam's answer to the petition in sub
stance contains the following;
The answer Of James Is. Dascomb. Russell b.
Shepherd, George n. Page, and Levi w. Wes-
ton executors Of the last will and testament OF
Abner Coburn, deceased, to the petition OF Alon
20 c. Marston and Julia A. Long, children oil
Abner Columns sister The executors deny
that the petitioners are practically or to great
extent disnherited. They assert that the estate
Of Abner is Of thr value Of about two millions;
that the legacies and devices are about one mil
lion that Philander CobuIn was his partner in
business, and died March 9th, 1876, leaving the
same heirs as Abner, except his brothers Alonzo
and Stephen, since deceased except that Abner
was an heir Of Phiander; that Philander LEFT an
estate Of about two millions, that Abner distrio-
uted about S6J0, 900 Of this to the heirs includ-
ing the petitioners that at Abners deceasc there
remained about 81 100000 that these petition
ers will receive $3.50 900 notwithstanding the
legaces, sufficiently large and bountiful pro-
vision. All the heirs except the two petitioners
are satisfied, aud made no complaint.
nrrue, Alonzo's portion OF Abncrs estate Is
given TO his son. But that was on account OF
the improyident habits Of Alon1o, and his want
of financial capacity, all of which was well known
to Abner. As Alonzo receives from Philander
Sl25, 600, this son receives much from Abner.
Both well provided for. -,
2. The petitioners received copy OF the VIII,
January 26. They were given till the 23d of
February, % days, in which to enter an appeal
The law allows 20 days.
3. The intention to appeal was formed long
after the right Of appeal had passed.
4. Denying any conccalment Of the will. The
will was read to such Of the heirs as were pres
.rt nm he night of tho CoyeYnOr's burial,
The answer controyerts specifically all the
reasons for appeal and closes as follows:
Wherefore, said executors pray that If upon
the matters set out, the court shall be OF opln-
ion that justice requires revision OF any part
of the decree probating the will, and that an APP
peal should be allowed, said petition shall be
granted only upon such reasonable terms as
will protect said estate and the parties con-
cerned therein from all unnecessary litigation,
and from all attempts TO set aside said Will for
any measures OF a technical character, not re-
CURED in order to do Justice to the parties con-
ccrned as contemplated by the statute, provid-
ing for the filing of said petition.
James b. Dascomb was the first wit
ness for the Executors:
He testified that he wrote the will of
Gov. Coburn and on the night of the flu
neral of Gov. Coburn read 1t to Mr. NJ. 7.
Pooler and Chas. a. Marston. Later on
JIc SAME evening Hc NcIt W houSc Vi WI
NJ. T. Pooler where were gathered the
heirs and read the will to them.
In the fall of 1888 had conversation
with Mr.. Alonzo c. Marston in regard to
the will. Marston said that he supposed
that his uncle had made will and that he
supposed it was understood that the bulk
of property had gone outside of the
family.
About last June he said to me that he
did not know whetherlhe should attempt
To break the will or not. Should no. at
tempt 1t unless he thought he had dead
sure thing. The Executors heard the
conversation. After the executors set
tied with Mr.. Marston they bought what
stocks and bonds he had received from
Mr.. Jackson. At this point long dis
cussion arose as to whether these bonds
were sold to the executors acting as ex-
ecutors OF the estate OF Gov. Coburn,
Cross Elk.
l told the Executors that l did not
know about buying these bonds OF Mars
ton II he was to contest the will. l found
certain notes In the Abner Coburn estate
given by Mr.. Marston. had understood
from the Governor that these notes were
to be paid by DIVIDENDS from the Pbian-
tlfT CSlhlC. uCSC uoNOH WCfC ~
cured by mortgage.
Gen. r. B. Shepherd, one of the execu-
tors testified:
Have made an examination of the es-
tate OF Gov. Coburn both in this state
and In the West. In my judgment there
ia outside Of the state something over
5000, 900 worth OF property belonging to
The estate of A. & p, Coburn. We com.
menced work on the books the oath day
of February. No work on the books was
done before that date.
Cross Elk.
This property outside OF the state con-
slsts Of real estate. In Boston there are
10 houses valued at $4,000. In Michi-
gan the land Is largely timber land. 1t Is
valued at S35 or $40, 900 In Wisconsin
there is 2,4OO acres OF land 10 ono tract
which Is valued at 100000. There Is 10
the state some 1900 acres Of Wild tim
bered land. The land In Wisconsin Is
valued at $3.50 900. In Dakota there are
10000 acres OF farm land. This land we
valued at 8354,OOO. Ia Washington Ter
two aud a half or three dollars per acre
The deposition OF Geo. Z. b. Jackson,
administrator OF estate of Philander CO.
the total valuation OF the estate to be
Sl,Ol9,l5l. The property out Of the state
Is $500, 900 snd there has been distributed
S5ll, 800, leaving undivided 100000. o.
the property out OF the state 1926, 900 is In
Massachusetts snd the bal nee In the
Western states. When In California in
October last called on Julia A Long, one
OF the petitioners. She stated that she
did not want to take part 10 the attempt
to break the will but was forced into 1t by
her brother. Alonzo told her II she
would go into 1t he would pay all ex
penses II they were beaten. Said he
could not proceed unless she joined him
as he had precluded his claim by treating
with the executors. Sho said she signed
At his urgent request.
On cross exsmin 'tion be said that he |
simply called on Mrs. Long as matter
Df politeness and did not pay her any
money.
Charles A, Marston, brother of one Of
he petitioners testified to conversation |
between Judge Dascomb and Gen. Shep-
nerd 10 regard to settlement with AlOuz
Marston. A letter from the witners to |
Mrs. Long was read, also two letters from |
1er to the witness. In one of the latter |
etters she said she objected to signing |
The petition, but AlonzO hectored her 80
she did 1t to get rid of him.
This closed the case for q e Executors. |
Mr.. Stewart recalled Mr.. A. c. Aarston
tut nothing new was ObtaiDed.
He also read long letter from Mrs. |
Long 10 which she stated the case as sae
1t.
At $3.50 p, n. Tuesday both slices hsd |
their testimony and Mr.. Put
IAN began the closing argument for the |
Executors. 1t was very calm and able |
eview of the whole case. He began by |
quoting the statute which applies to the
Ease. 1t says that the petitioners must be |
without fault. This they cannot claim
L they wanted to oppose the probatinR |
II the will they could have arranged the |
whole matter by telegraph or even by |
nail 10 all probability. Nothing Of the
lind WAS attempted and thus We claim |
he petitioners. are not without fault and |
aunot svail themselves Of the provision |
Il the statute. AloDzo Msrston, one OF
he petitioners, has already received $780,
100 from the estate Of PhilaDder CoburD,
an amount that but few members Of the
Jar In the state are able to make after .
LIFETIME of labor Digbt and day II he
ia cared for this amount 1t would have
'een sufficient for his needs but as he has
lot, giving him more would he simply
wasting 1t. Out Of the a OO0, 900 gath