The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-22

form of property peculiar to that city.
portions, giving to Alice Gerry Stewart
$31 800 of them, Madame Pangiris $31, S33,
and Elbridge Gerry $50, 166. The Mary
land mortgages amounted to 1858, 600,
which Mr.. Stewart also divided into three
parts. The bonds and stocks, which We're
likewise divided. amounted to $4,000
each. This division allowed to each of the
three about s7e, 417.66. sMr. Stewart has
already paid over to the two daughters
their shares. A letter was produced in
court in which Mr.. Stewart informs Mr..
Elbridge Gerry that his share, S79, 417.66
is held at Mr.. Gerry's risk until the latter
shall conform to the provisions of his
mothers will
Mr.. Stewart says that he has made the
division as equitably as possible, deter
mining doubtful cases by lot. The real
estate is quite difficult of division, and
this has not been attempted as yet.
Mr.. Gerry, through his attorney, takes
the position that he does not wish to &C
cept this division by the executor, and
does not wish to have his large property
held by an executor who has given only
a nominal bond. Therefore he asks for
an accounting and for an increase of the
bond.
George f. Emery, Esq, replying for the
executor, took the ground that Mr.. Gerry
has no right to the property until he shall
have complied with his mothers will;
that by the terms Of the will the executor
was expressly exonerated and excused
from filing an inventory in the probate
court, that he has already made an in
ventory under oath, that he has made the
division, and that he is ready to turn Mr..
Gerry's property over SO soon as the latter
shall have complied with the conditions
of his mothers will. Mr.. Emery went
on further to say that large portion of
the estate was in other states, and an ap-
praisal of it under the authority of this
probate court would be difficult or i'm
possible. Mr.. Emery produced letter
from Mr. Stewart in which the latter said
that his division of the property had been
sanctioned by the Orphans court in
Baltimore.
Judge Peabody did not decide the whole
question presented at the time. He took
up the bond feature, and made an order
that on or before the third Tuesday of
November, Mr.. Stewart shall file an
additional bond of fifty thousand dollars.
The remainder of the proceedings on the
petition are continued until that date.
Previous to these proceedings in the
Probate court Mr.. Gerry had filed bill
in equity in the Supreme court, and this
was expected to have been heard before
this. But there was difficulty in reach
ing an agreement as to facts Mr.. Gerry
is endeavoring by this bill in equity to
obtain his share of his mothers property
directly without the intervention of the
trust.
Mrs. Gerry's will seems to have been
drawn by q foreigner, and while quite
it which will undoubtedly require the
courts for their construction.
| OF local interest are simpler, provisions
of the will giving one thousand dollars to
Miss Josephine Gerry of Waterford, Me-,
and five thousand dollars to Ellen Emery
of Portland, in consideration for the lat
ter's friendship for Madame Pangiris
| There is also local complication caused
| by the Portland assessors, who discovered
the property through the proceedings and
| have levied two years taxes, amounting
to fourteen thousand dollars on the estate.
In one of the letters presented during
| the hearing Thursday forenoon, Mr..
Stewart reproaohed Mr.. Gerry for taking
action that had brought the property to
the attention of the Portland authorities.