The Portland daily press., 1894-11-28
THE RUSSELL WILL.
Equity Will Case Before Judge strout Yes
terday-Was Trustee Daggett's Course
Right?


Right?
When DR.. Edmund Russell, an ex-May
or of'Lewiston, died in 1880, he left
property and will, which were the sub
ject of a bearing in equity before judge
Strout yesterday.
In his will DR.. Russell devised hl'
property su bstantially. as follows: IL
his wife, Mrs. Eunice H. Russell, he gave
the homestead on the corner OF Bates
aud Pine streets in Lewiston; the USE
and rent of one half the store on the cor
ner of Lisbon and Oak streets; all the
household property in the dwelling
hou e, including the medical library ane
instruments, and the carriages. etc.; the
income of % shares of the stock of the
First National bankof Lewiston, and Of
two bonds of $500 each of the city OF
Lewiston, These were given for her sup
port and to provide for the education Of
the son, Dana RUSSELL
To Edmund Russell, his son, he gave
the use of the Woodbury. and Field
Farms in Lewiston during life, to be
held in trust by Mr.. Daggett, of Strong,
and on the death of Edmund Russell,
to be given to his heirs. But this trust
was abolished by codicil and the gift
made absolute.
To Edmund Russell also were given
five notes OF hand held against him, and
aggregating 81, 3sS. 40.
divided half of the store at corner of Lis
bon and Oak streets, on which the in
come was to go to the mother; also the
% shares of stock of the 1st National
Bank stock of Lewiston, aud the two $500
Lewiston bonds, of which the income
went to the mother.
The testator desired that his two sons
should after their mothers death have
equal inheritances, and for this purpose
provided for an appraisal of the property,
including farm and notes, which he had
devised. and to make the inheritances
equal by an apportionment OF certain
personal property not otherwise given.
The residue of the estate was given
absolutely to the two sons and the
widow. AS trustees were appointed
Albert Dagget, Of Strong and Charles
E. Russell, of Pennington.
In the hearing yesterday Messrs. White
and Carter of Lewiston, appeared for
Mrs. Russell. and, Judge Savage Of Au
burn and j. C. Holman. ESQ.,, of Farm
ington, for Mr.. Daggett, the trustee.
Seth Carter, Esq. who opened the case.
for Mrs. Russell, said that Mr.. Daggett
when he entered upon the trust miscon-
ceived it's object The will had plainly
intended that she should 1--we in the
house, upon the income left by the will.
When the house was sold she expected,
that she should have the use of the in
come secured to her by the will.
But Mr.. Daggett seems to have thought
that he was to have the entire charge
of Mrs. Russell. He even went SO far as
to try to get her to go to Strong, arrang-
ing for a house for her. She did not
want the trouble of investing $500,
but she did wish to live as she wanted to
on her income, and where she liked. She
WAL " kO w AOl oOl I<AAh uhN o.
Pennington. But Mr.. Daggett seemed to
think that his duty was TO save up all
of the income he could, to keep Mrs.
Russell as cheaply as possible. Mrs.
Russell was getting s37.5 month in
come from the store, and Mr.. Daggett
thought that s35 ought to pay for hel
board and care, leaving So. so spending
money for her. Beyond this, he objected
to furnishing funds for various conven
fences which she wished.
sHWhen MIs. Russell sold her house in
Lewiston to the Y m. C. A., she received
for it about $500, and this money she
put in trust into the hands of Mr.. Dag
gett, who is also the trustee of the
property left underline will:
The difficulty arises over this $780,
trust.
In the afternoon. when Charles B.
Russell, a cousin of the testator, was
put on the stand and examined. by Judge
Savage, it was developed that in March.
1898, Mr.. Daggett had made a contract
with Mr.. Edmund Russell to take care
or ana make colnlortapio his motnef.
for a fixed sum of $3.50 a year. Soon
after this there came demands upon Mr..
Daggett for money to make repairs Oh
Edm.nd Russell's house, to buy &
team, and for other purposes This
shows the point that the trustee makes,
that he feels that if Mrs. Russell's mon.
ey were turned over to her freely, il
would go into Edmund Russell's hands
which is held for the benefit of both Ed
mund and his brother Dana. Mrs. Rus
sell is only ~ years of age, but is repre-
sented by the testimony to be somewhat
forgetful, and not in condition tx
manage her property.