Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1890-10-30
End of SO Years Of Litigation.

We print below a newspaper article sen
US by Bro. N. +. Newell of the Franklin
>Mass.) Sentinel accompanied by tn,
following letter:
Editor imerjcan:
DEAR R:-Enclosed send slip from
Boston Giobe of oct. 18th which may be o
local interest, because Hancock county
Me, has a similar trust estate which
Judging from present indications, may
come To an equally good end allude to
the James Crawford trust fund. establish
ed by the late James Crawford, of Castine
Me.
In the Supreme Court this forenoon
Judge Morton came in for the purpose OF
hearing counsel in case which had been
specially assigned Tor to-day, but no hear.
Ing took place, tor it was stated to the
court that terms of settlement had been
agreed upon and that the suit, which In
one fori. or another has been pending in
Suffolk county for 33 years was to be
finally Withdrawn from the courts
In 1887 Josiah Dunham, n well kno Nn
citizen OF South Boston, died leaving an
estate valued at about $4,000. If he had
died without making will the subsequent
litigation would have been avoided or II
he had made Will such as 80 men ont of
100 ~ make all would have been we'll but
Alderman Durham for the testator
had been for many Years one of
the city fathers, not only wanted to pro
vide for his children but desired to 50 tx
matters that none of his descendants should
ever lie 10 want without finding relief out
side Of public charity He therefore gave
one-thild of his estate to his son, Josiah
Duuhan. Jr., and the rest he devised 10
trustees Samuel Leeds and Josiah Duuham,
Jr.. to hold in trust for the benefit of any
~ III children or descendants who might
become destitute. The Son JOSIAH and
George + Homer were appointed execu-
tors Of the win. The trustees never accent
~ or qualified
Alderman Duuham's heirs. with the ex-
ceptl"n ot Josiah, dld not take kindly to
tins disposition of the property. aud at
once a contest arose over the will. Mrs
Kent and Thomas Durham. daughter
aud son respectively OF the testator, being
the vuit,>iaut>
The Will WAS allow cd however. and
from that time up to the year 1884 the
another in attempts on the part Of Mrs.
Kent and ThOma, Dunham to have the
executors removed on various grounds
None OF these attempts were successful.
and no 1nal accounting wa- made with the
executors both Of whom are no~ dead
The latter, however, IN l>69. after 10 wears
of constant litigation, hed what wa,
called ir>t account, showing that the re-
CelPte from the estate, which consisted Of
real estate, had been eal 900 and the ex-
pcuditurrs $4,000, leaving balance Of
cash in their hands exclusive OF real estate
Of 5000
Josiah Dunham died In l~77. ana matters
went along, with occasional attempts to
get settlement, until l>s4, when LAWYER
harrison punham, q son Of Thomas Dun.
ham, who was born the year his grand
father died, came into the case and began
10 look IL over He took an entirely uew
point for attack, no less than an attempt
10 have the trust in the will set aside. on
thc ground that hi> grandfather had no
right TO tie up his property practically for,
ever by making provision affecting ms
descendants for all time.
Young Lawyer Dunham went to Judge
EudIcott, who had just retired from the
Supreme Court bench, and asked his
opinion. and the judge was 50 impressed
with the strength of the point that he
agreed 10 90 before the full court and
assist in tile argument. He was appointed
to President Cleveiand'> cabinet. however.
and could not 60 on with the case. but
advised Mr. Durham 10 90 ahead. which
he did, and the court decided that as the
gift was not public charity it was void.
r '"t-,if%" e ,i ri. iEs,n~
person has no right to devise property in
such way that 1t Shall 20 for all time to
certain persons or class Of persons or
their descendants.
The trust being set aside in I,,6. the
heirs have ever since been trying 10 get pos
session nf the property, one suit being
brought against the suretics Of the cxecu-
tors to recover whatever might be found
TO be due the estate from them, and In that
suit hearings have been had before a mas
Ter who has never made A report although
he has had the case three wears
BY the terms of settlement that suit ID
discontinued and the heirs take the real
estate, valued at about SO 900.
Mrs Kent Is dead and her will left most
Of her property 70 public charities, nclud.
Iug the W omeu's Board Of Fore IN Mis-
-ious, Foreign Missionary Society Of New
! ork, the Home for Destitute Children
and tile Home for Aged Couples. The 50
cietie> named will now receive their money
after lapse Of two years.
Since the litigation III this case wa,
begun there have been scores of lawyers
engaged on one side and the other. includ-
in David ThaXter, Sidney Bartlett, Wild
er Dwight, Judge f. II Bennett, Judge
Horace Gray, Judge +. r. Hoal, c. A.
George + Homer, l.. = Dabney.
Henry F Durant and others. Thomas
Duuham has paid out To his attorneys alone
over $4,000, and much or more has
been expended by the other side for law
ycrs fees.
II is greatly to the credit Of the legal
profession, said one of the litigants, that
after protracted litigation, with so
many lawyers engaged, there still remains
for the heirs 50 large sum to be divided.