The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-04-23

Question as to Ability of Eye and Ear
Infirmary and Public Library to Re-
ceiye so Large Requests.
| Judge Foster yesterday forenoon ad-
mitted the will of the late Ira p. Far
rington to probate. Objection to the
probating of the will was first made in
the Probate Court before Judge Pea body
and an appeal was made from his decisi-
ion to the Supreme Court.
Messrs. Joseph W. Symonds and d.
W. Snow appeared yesterday for the
trustees of the will; and Messrs. Orville
d. Baker of Augusta and Clarence Hale,
of Portland, in behalf of the heirs not
remem bered in the will. Messrs. Hale
and Baker announced that they should
do nothing but raise certain law points,
and did not intend at all to go into the
question of Mr.. harrington s capacity to
make will. And these law points were
raised more as matter of precaution in
regard to future proceedings than with
the idea that they would influence the
pending decision.
Mr.. Baker, opening the case. said that
they should put aside all questions as
TO the execution of the will, undue in
fuence, mental capacity, etc., and would
take up solely questions of law relating
to the clause providing for residuary be-
quests. They made no question as to
the clauses providing for the widow and
the other. special requests previous to
the residuary clause. But as to the re-
siduary clauses, which disposed of from
$500, 900 to 100000, or half the estate,
they claimed that these residuary be-
quests were illegal and void. 1t was
question for the court to determine
whether this question should be raised
as to the pending probate of the will or
after the probate in the form of a bill
in equity. They asked the judgment of
the court in this matter.
1t would be proper to state that the
residuum was first divided into three
equal parts between the Maine General
Hospital, Eye aud Ear Infirmary and the
Portland Public Library. But by sub
sequest codicil the Maine General Hospi-
tabs share was given to the Eye and Ear
Infrmary, making the portion of the
latter two thirds of the residuum. AS
to the Portland Public Library it might
turn out that they were incapable of re-
ceiving SO large bequest. Their char
ter, he believed, allowed them to receive
property to the extent of $500, 1000. They
have not fully informed themselves on
this point. But he made the point that
the gift involved perpetuity. AS to
the Eye and Ear Infirmary, it was organ
lied under the general law relating to
charitable and educational societies,
and was expressly limited by tie statute
Of the Stale from holding property real
or personal at any one time, of more
Mr.. Baker read Sec. of Chap 55,
which states:
"Such corporation may take and hold
by purchase, gift. devise or bequest.
personal or real estate, in all not exceed
ing III value one hundred tho usand dol
lars, owned at any one time, and may
use and ispose thereof only for the pur-
possess for which the corporation was or
ganized."
The whole amount of the harrington
estate WAS from 5000, 900 to $500, 000 and
of this there is given fully $3.50, 900 By
specific devises and requests. The
residuum therefore will be from $780,
900 to $500, 600. 1t will therefore be seen
that the amount going to the Eye and
Ear Infirmary would be far in excess of
what that corporation could hold, even
if now it did not hold any property.
But az matter of fact it already has a
large amount of property, well up to the
amount allowed by law.
u. W. Snow, Esq. representing the
trustees of the will said that Your Honor
was sitting today as Supreme Court OF
Probate. The question raised today in
volved the construction of the terms OF
f,o ,af fI,aa
Of the testator, etc. Therefore they
claimed the question raised here belonged
to another court and another tin o. The
question raised here today did not relate
to the probat:ng of the will. Whether
the Portland Public Library was au-
| thorized to receive SO much property,
whether peerpetuity was involved,
might or might not receive this property,
were all questions that did not relate to
the probating OF the will. Therefore
he asked that the Judge would admit
the will to probate.
Judge Symonds said there was little to
be added. In regard to the first third
given to the Eye and Ear Infirmary. it
was provided that it was to be held in
trust. If the Eye and Ear Infirmary was
not suitable another trustee might be
| appointed. The question would arise as
| to whether any defecI in capacity to re-
ceive the other third might be taken ad-
vantage of by persons outside the State;
| etc.
| Judge Foster said that the mental ca
| pacity being admitted, and no undue in
huence being set up or proven. the ques-
tlon could not be settled in this Supreme
Court of Probate, but must be brought
up in bill of equity. Therefore the
will was admitted to probate.
In the afternoon session Judge Foster
issued his decree confirming the decis-
ion of the Probate Judge abody and
the appointments Of the two executors.
The attorneys for the contestants took
no exception, and the will is now clear
SO far as contest is concerned.
Messrs. Hale and Baker said to the rep
resentative of the PRESS that bill in
equity would now be brought on the
point of the residury requests to the
Public Library and the Eye and Ear
| Infrmary. MIR. Baker said that the point
which was raised this forenoon has never
before been raised in this state.