The Portland daily press., 1895-09-21
THE FARINGTON WILL,
Bill in Equity Has Been Filed in Su-
pTeme Court.


Ear Iufirmary the Two Thirds of the
Residuary.
The heirs at law of the late Ira P. Far
rington have not yet given up hope of
sharing in the estate.
1t will be remembered that proceed
ings were instituted in the probate court
and later carried to the supreme court to
prevent the admission Of the will to pro-
bate.
But the courts admitted it and the
heirs were then left to continue the
contest, if they were SO disposed, by a
bill in equity.
This bill has now been brought against
William 4. Putnam and Thomas H.
Haskell, the executors, and the Eye and
Ear Infimary, to prevent thezpayment
of the legacy to that institution.
The first section of the bill recites the
common facts of this case, all of which
are well known. Later clauses introduce
the grounds for the present acbion, and
proceed as follows:
The plaintiffs further say that the
Maine Eye and Ear Infirmary, defen-
dent named in this bill in equity, is a
corporation organized under the laws of
the State of Maine relating to the orga-
nization of libraries. charitable societies
and public cemeteries, under chapter So
of the Revised Statutes of Maine; that
under said statutes and the laws of this
state, the said Maine Eye and Ear Infir-
mary is not capable of taking and hold
ing lat any one time, by purchase, gift,
devise or bequest, in personal and real
estate together, an amount exceeding in
value 500. 900; .and..the. plaintiffs, on in
formation and belief, say that the real
and personal property owned by the said
Maine Eye and Ear Infirmary at the date
of said Ira P. Farrington's death, and
now, amounts to the full sum of ..one
hundred thousand dollars.
The plaintiffs further say that the said
Ira p. Harrington by item 5, of his said
will, and by the codicil OF his said will,
made illegal. invalid and void bequests
and devises to said Maine Eye and Ear
Infrmary, and therefore two-thirds of
all said residury fund being thus Illegal
lys.. devised and fbequeathed to the Maine
Eye and Ear Infrmary are, and shall
be held at law in equity for the heirs
at law of the said Ira P. Farringtoa;
and. nd:.thatsthe.plaintiffs say. on information
and belief, that said two thirds of said
residuary fundsamounts to the full sum
of three hundred thousand dollars, and
that said full sum Of three hundred thou
sand dollars pertains and belongs to the
general estate of said Ira P. harrington,
and is not to be administered under
said will, but constitutes Interstate
property which belongs and desoends to
the heirs at law.
Therefore, inasmuch as the plaintiffs
are without remedy at law, they pray
that this honorable court will grant its
Subpoena. directed to each of said defen-
dants, to wit, to each of said executor and
to thelsaid Maine Eye and Ear Inf1rmary,
and to said individual defendant herein
before named, requiring them severally
to answer, but not under oath, at a GER
tain time, and under certain pains, the
matter set forth in the above bill of COM
plants.
Second, that this honorable court will
grant, to the said plaintiffs its injunction
both temporary and permanent, against
each of said defendants, the said exc
cutors, restraining them from making
any payments to the said Maine Eye
and Ear Infrmary under said Will OF
the said Trap. harrington, also restrain
ing them from proceeding with the final
dispositions of the estate until they have
fully accounted for the whole property
of the estate, showing in detail the
amount of the residuar y fund. etc.
The third request is that the Eye and
Ear Inf1rmary be enjoined from receiving
any of the Harrington property.
The fourth request is that the court
will decree to the several heirs at law
their proportions of the residury fund
The bill is signed by Ira K, Alvah NJ,
Albert H., Clayton a., Fred R., Jacob
H., Isaac c., Alanson W., ellison g.,
James W. Charles K, and Charles Fl.
harrington, and Jennie M. Douglass and
Emma e. Andrew, Harlem B. Kent,
Emery E. Kent, Louisa A. Odell, Lorenzo
+. Kent Jacob K Wood, Chas M. Wood
and Isaac Fl. Wood.
Their attorneys are Orville u. Baker OF
Augusta and Clarence Hale OF Portland.
: The executors are called upon to ap-
pear before the supreme court, November
5th next, to answer.
Bosworth Relief Corps,
Bosworth Relief Corps, No. 1, have re-
ob tc TlraCidont