The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-01


them that the testator showed no un
soundness of mind. Witness had heard
nothing of a former will.
| At the suggestion of Mr.. Clayton j.
harrington, who was present. Mr.. Hale
asked if, when the will was dictated, tht
door was open between the private Office
and the main Office.
Mr.. Clay said his recollection was that
| the door was closed on that occasion,
and that he was alone with Mr.. Putnam.
With Mr.. Clay's testimony closed, the
case SO ar as the will itself was con
cerned, and the proof of the codicil was
next in order. This codicil is that which
revok ed the bequest of the Maine Gen.
eral Hospital, and gave two-t thirds oil
| the residue of the estate to the Eye aud
Ear Infirmary, and one-third to the
Public Library.
| Mr.. Snow was also witness to the cod.
icil, which had been executed in Janu.
at the United States Court building.
There were present Judge Putnam, Mr..
harrington, Mr.. Clay and Mr.. George
Damery, MIR. Putnam's clerk.
| Witness believed that Mr.. Harrington
was of entirely sound mind and entirely
competent to make the codiciI. He APP
peared to be the same intelligent man
| he had always found him. He had no
special opportunity TO test his intelli-
gence at that time. He could not recall
the asking of a power of attorney for
Mr.. harrington.
George j. Damery, for twenty years
clerk for Mr.. Putnam, was called by
Judge Symonds. He made the final copy
of the will in long hand. He knew
when Mr.. Brooks put the sheets together.
| He also wrote the codicil at the dictation
of Judge Putnam. His attention was
next calld to the codicil to the will when
he was called to witness the execution.
Judge Putnam sent for Mr.. Snow to sign
as witness. Mr.. harrington had the
will before him. Judge Putnam asked
Mr.. harrington if he had read the codicil
and if 1t was as he desired, and Mr..
harrington replied that he had read it
and that it was all right. Mr.. Putnam
asked him If he declared it to be the
codicil to his last will and testament.
and Mr.. harrington said he did. 1t was
then signed by. Mr.. harrington, and the
attestation was then read by Judge Put
nam, who then asked the witnesses, Mr..
Snow, Mr.. Clay. and himself to sign as
witnesses. He had been in the habit of
seeing Mr.. Harrington quite frequently.
Saw him many times during about
twelve years before his death. He al
ways seemed to be of sound mental
condition. The witness had no kuowl-
edge of the making OF any previous will.
Mr.. harrington had the will and codicil
before him when they went in. He dis
tinctly said that Mr.. Harrington read the
codicil.
JIG. Clay witnessed the signature to
the codicil. He related the circumstance
es attending the signing of the codicil.
His recollection did not vary from that
of the previous witaess.
Clayton harrington asked the witness
if he was sure that Mr.. harrington said
he had read the couicil, and Mr.. Cook
said he was.
Mr.. Snow was asked il he knew at the
time that Mr.. Harrington was an officer
of the Maine Eye and Ear Infirmary.
He said he did not. He did not know
the connection of Mr.. Harrington with
the Home for Aged Men.
Judge Peabody asked the age of Mr..
Harrington when he made the will.
Judge Symonds said that he Supposed
it was not questioned that Mr.. Earring
ton was old enough to make will 80
"We hold that he was too old to make
such WILL" said Mr.. Hale.
Clayton J Harrington said he was IA
at the time of his death.
Judge Peabody found that Mr.. Earring
ton did make the will and eodicl, and
that at the time of the making of both
he was in sound testamentary contii-
ton.
Mr.. Hale gave notice OF. an appeal.
The standing OF the case is this, then,
Judge Peabody has decided to admit
the will to probate, and the contestants
appeal from this decision to the higher
court, where the case may be tried be-
fore jury.
The contestants have not shown their
hands, and it can only be surmised what
th cir line If attack will he