The Republican journal., 1896-02-20


To the Supreme Judiciol court in EquitY:
John G. Brooks and Dana b. SonthwoIth both
of Belfast. i'll said county, complain against the
city of Belfast and the heirs of Mary E south
WORTH late of Belfast aforesaid deceased, to wit
Medora } simpson, Alphonzo Sim son, both of
Chelsea, iii the Commonwealth of Massachusetts,
Daniel S. Simpson of ESerett, Massachusetts,
Mrs, Ralph Durham and Frances Quimhy, both of
Milton, Massachusetts, William Merrill and Sam
uel Hersey, both of Toledo, Ohio, and Florence
Hill of Denver, Colorado, and Edwin p Hudson
of Boston, Massachusetts, Sara j. Cunningham
of Ellsworth, in the county of Hancock, Maine,
Harriet A. Nichols Of Searslort. in the county of
Waldo Edwin =. Giles and Olive Colburn, both of
Belfast, in said county of Waldo, Frances A.
Lidgerwood OF Manchester Center VT. Abhie A.
Wilson of Manchester Center, Vt Lucy j. Nor
rill of Manchester Center. VT. Caroline f S.
Porter of Stoughton Mass and Eben 5. { hase of
Weiser, Idaho. Mary l. fulsifer of Oldtown Me,
Jennie NJ. De Laittre of Etna Me, c. II. Pusifer
Minnie E. Pulsifer tf Augusta. Me-, and Caroline
NJ johnson of San Rafael, Calf, and say:
First: That said Mary E. Southworth, whose
maiden name was Mary E. Simpson, the 18th
day of december, A. D., 1889, made and duly
executed her last will and testament, and that
subsequent thereto she was married to Dana b.
SouthWorth, and on the 2lst day of July, A. D.,
1895, said Mary E. Southworth died
Second: That said last will and testament of
said Mary Z. Southworth was duly proved, allow
ed and probated at the September term of the
Probate Court for Waldo county, which was be-
gun and holden at Belfast in said county, the
second Tuesday of September, being the tenth
day of said September
Third: That on said tenth day of September,
A. d., 1890, Your compliments were duly ap-
pointed by the Judge of said Probate Court ex-
ecutors of said last will and testament and gave
the bond required and have assumed the trust.
Fourth: That the residuary clause of said Will
is in these words, to wit "All the rest, residue
and remainder of my estate and of which may
die possessed, give, bequeath and devise to the
Central School District of said Belfast for the
purposes following:
1st. The amount of this bequest shall be in
vested or put at interest so that an income NAV
accrue and so kept until sufficient sum shall
be accumulated by increase from interest or
profit, by subsequent bequests or gifts in some
other way, to provide for the erection of school
house within said district suitable to accommo-
date at least four of the schools
I'd. When the sum becomes sufficient for the
above purpose the money shall be used for build
ing such schoolhouse as is inolcated above"
Fifth That no trustee is named in said will.
Sixth: That the Central School District men
toned IN said will comprised The city proper d
that by the Public Laws of Maine of 1898 Chapter
2l6, SAID district was abolished.
Seventh; Your complainants are in doubt
abb ut their duties in relation to said clause and
respectfully ask foI the instruction of the ourt
DANA h. SOUTHWORTH.
JOHN G. BROOKS
w. +. THOMPSON, Belfast, Me-,
Solicitor for mplainants.
TILEsTON WADLIN, Clerk
true copy. Attest:
TILEsToN WADLIN, Clerk
Dated this 29th day of JAN, 1896. 3w5