The Portland daily press., 1892-12-01
THE GARCELON WILL.
DR.. Merritt's NepheWs Have Begun
a Vigorous Contest.
STRONG DEFENSIVE POSITION OF
BOWDOIN COLLEGE.

of Law-How the Society Ladies of
Oakland Have Been Enlisted Against
the Will-Much Local Feeling at the
Idea of So Much Money Coming to
Maine.
News comes from California that there
is to be a contest over the will of Mrs.
| Catherine M. Garcelon of Oakland, CAL;
who remembered Bowdoin college and
many Maine relatives and friends SO gen
erously. The contest is begun by two
nepbews of Mrs. Garcelon, who in con-
sideration of ample remembrance, had
promised not to trouble the will. They
are now violating this agreement and are
assailing the will. But the will itself
does not concern directly Bowdoin col
lege or the Maine benefciaries. The
property for them Mrs. Garcelon put into
the hands of trustees, who are now hold
ing it and administering it for the col
lege and the Maine heirs. If the neph-
ews break the will, they must then as
sail and break the trust, which will be a
great and probably impossible task. in
spite of the fact that they have enlisted
much local sympathy from those who do
not want to see money made in Oakland
sent East.
The discomfort of the two nephews,
James P. and Frederick A. Merritt, is of
long standing. DR.. Samuel Merritt died
August II, 1890, leaving to Mrs. Garce-
lon, his sister, the great bulk of his large
estate. The nephews at once threatened
to contest the will. But upon being Civ
en- in trust 1925, 900 cash and property
worth $36S. $50, the income of Which was
to be paid them, they agreed to forego
all claims against the Merritt estate, and
bound themselves by deed to hold Gath
crime GarceIon harmless in the DISPOSE
ton and enjoyment of the rest of her
property. This agreement or deed was
| filed in Alameda county, California, No
vember IA, 1890.
But apparently knowing how easily
wills are broken, Mrs. Garcelon decided
| to take precautions in disposing OF her
property. April 81, 1891, she decided to
| S. W. Purington and John A. Stanley as
trustees, property worth $1,200,Q00 for
Bowdoin college and many individual
private benefciaries.
Then Mrs. Garcelon made her will, be-
queathing to cher beloved nephews'' an
Oil painting, and making her cousins,
Stephen w. Purington and Harry P.
Merritt residuary legatees with specific
directions to take advantage of and en-
force any and all breeches of the condi-
lions of the deed Of trust by which the
two nephews, Frederick A. and James
P. Merritt had been bought off at the
time of DR.. Merritt's will.
So when Mrs. GarcelOn died the prop
erty seems to have been placed SO far as.
legal ingenuity could do it, beyond the
reach of the nephews and all other con-
testants.
But no sooner was Mrs. Garcelon dead
than the nephews declared that they
were about to dispute the deed of trust
by which the property had been con-
yeyed to Bowdoin college and other BEN
efciaries in the East, and further an
nounced that they were about to convey
their interest to a syndicate, which
would take up the fight
Then Bowdoin college took action by
filing bill in equity in the United States
Circuit Court on the 25th of last Februa-
ry. This bill prayed for the quieting Of
the title of the property conveyed to
them by Mrs. Garcelon, and asked for
perpetual injunction against James P.
and Frederick A. Merritt, restraining
them or those who might derive power
from them from interfering in any way
with the Bowdoin trust. Other eastern
beneficiaries we're united with Bowdoin
college i n this move.
The real object of this step was to
force the nephews to show what they
intended to do about contesting. 1t has
had that effect. They have not answered
the bill in equity; but James P. Merritt
has
Filed Contest
of the will in the court of Alameda
county. If he can overturn this will
he hopes to break the trust The will is
the outwork which must be taken first
Mr.. Stephen W. Purington, one of the
executors of the will, has recently died,
and Harry P. Merritt, the other, has re-
signed. This complexities matters some
what, but will probably have no serious
effect upon the contest, unless it be by
removing the most important witness.
Mr.. Purington was Mrs. Garcelon's bust
ness manager, and knew her better than
anyone else.
The contest of the will is begun by
one nephew only. Of it, the San Fran
cisco Examiner says:
1.-THE elder nephew, Frederick A. Mer-
rift, in consideration of sum of money,
less than $40, 900. paid to him, decided
not to contest, and gave quitclaim deed
to all the property included in the deed
of trust from Mrs. Garcelon to John A.
Stanley and S. W. Purington. The gran
tees of F. A. Merritt's deed were these
same trust ees. That deed meant simply
that the elder nephew compromised his
right to contest for sum of money paid
him and also, probably, because of a
promise of assistance from influential
men to aid him to get complete control
of the property in which now he has but
a life interest.
flames P. Merritt has decided the
other way. He refused the offer of a
sum of money not to contest, and filed
formal application that the probate of
the will of Mrs. Garcelon be revoked and
annulled.
"The petition declares that
Mrs. Garcelon Was of Unsound Mind
and that the document purporting to be
will was procured to be signed by I'M