The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-09-28
THE MOSES ESTATE.
Hearing in the Case Of Mr.. 0rVille
Moses Against the Executors.
A PETITION FILED FOR THE RE-
MOYAL OF THE TRUSTEES.

The Executors and Trustees are Messrs.
| The Court Decides That $4,000
| Divided Among the Childred Must Be
| Restored to the Trust.
| ESPECIAL TO THE PRESS.1
| Bath, September 27.-In an office in the
second story of the First National bank
block in this city there was concluded
before Judge Hall of the Probate court
this forenoon an important hearing. 1t
was in the case of Orville B. Moses
against the executors of the will of the
late Oliver Moses of this city. The execu-
tors or trustees are Hon. Galen G. Moses
of Bath and Benjamin F. Harris, ESQ.,,
of Portland. There were originallyEthree
executors, Mr.. Frank o. Moses, now de-
ceased being the third. Messrs. Galen
and Frank Moses were sons of the testator
and MI. Harris was q son-in-law. Mr..
Frank o. Moses was the father of Mr..
Orville B. Moses, who brings these pro-
ceedings. The late Oliver Moses left a
fortune estimated to be worth nearly half
q million dollars to his grand children,
the estate to be held in trust and the
testator's five children to have the in
come. At the death of each child, one
| fifth of the estate was to be divided
among the heirs of that child. The
executors were also named as the trustees
| of the estate and were directed to admin
lister upon it as soon as possible. These
provisions are found in the following
sections of the will which was made in
| 1876, MIR. Moses dying in 1882:
| After making certain bequests to the
wife Of Mr.. Moses, the will provides in
section six: "All the rest and residue of
my estate, real, personal and mixed,
whether now in possession or hereafter
acquired, give, devise and 5equeath un-
to the said Galen G. Moses, Frank o.
Moses and Benjamin E. Harris, in trust
to the uses following; that is to say, |
devise and direct that out of the net in
come remaining after paying all proper
| charges and expenses, the trustees shall
pay to my said wife such sums of money
as she shall from time to time desire and
the residue thereof divide in quarter
annual payments equally among my chill
dren, Frank o. Moses, Galen c. Moses,
Harriet 6. Knight, wife of George Fl.
Knight, Annie E. Harris wife OF Benla-
wife of Rev. John W. Harris so long as
| they all shall i've
| Section seven provides that If in any
year the income of the children shall fall
below S25O0 each it shall be made up to
that sum out of the principal of the
estate.
said trust any of my said children shall
die without ISSUE the division OF the in
come is to be made among the survivors
of them. But if the child so dying with
out issue shall leave a husband or wife,
give, bequeath and devise unto such sur
viving husband or wife one-fourth part of
that portion OF
THE TRUST FUND
or estate corresponding to the portion of
the income to which such deceased child
| was entitled at the time of his or her
demise, the income of the residue to be
divided as above provided, except as here
matter provided
] Section nine provides for the distribu-
tion of the estate as follows:
"If during the same period either OF
any of my children shall die leaving
issue, such portion of the trust fund or
| estate then in the hands of the trustees
as the number of my children last sur
viving before the death Of such deceased
child, together with the same proportion
| of any and all profits, income or invest
ment accumulated orb accrued thereon,
shall thereupon be paid. delivered or con-
veyed to the living issue OF such deceased
| child or children. who shall take and
| hold the same by right of representation
in the same manner as ii by inheritance
from such deceased person; and upon the
| demise OF the last survivor OF my own
| children tho said trust is to terminate
and the residue of the trust estate then
remaining is to go to the living issue Of
| such last survivor in the same manner II
| such living issue there shall be, other
wise all tho living issue of any and all
my other children by right of representa-
| tion. -
The will further provides that the ex-
ecutors be not required to give bonds as
such and that in the capacity of trustees
| they be required to give bonds in the sum
of S25, 900 and without sureties. When,
| however, the number of the trustees is
reduced to one the will provides ''that
such sole surviving trustee be required to
give bond in the usual manner and
amount as if this exemption had not been
devised - When such reduction shall
/ occur the judge of probate is to appoint
one or two co-trustees to act with the
survivor, and who shall give bonds The
will further provides that the executors
shall settle their final account OF admin
| istration as soon as reasonably may be
done and thereupon turn over all assets
| in whatever form to the account of the
trust estate and thereafter act and
| account in the capacity of trustees and
l direct that upon closing their said ao-
count of administration they be required
to return an inventory of the assets
| which shall come to them in manner and
| form required by the statute. -
MR.. FRANK o. MOSES
died last March, but previous to his
! fathers death Mr.. Orville Moses had
assigned his rights in his grandfather's
estate to Mr.. Charles W. Morse of Brook
| lyn. Mr.. Morse is member of the we'll
known firm of ship owners and Mr..
| OryiIle Moses is a bookkeeper in the
| firm s Boston Office. 1t is said that the
assignment was made in the course of q
| business transaction in which Mr.. Moses
received assistance from Mr.. Morse.
At the Eehruary term of the Probate