Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-08
SOMERSET COURT.
December Term Of the Supreme Judicial Court.
Judge WisweIl Presiding.

Skowhegan, Jan. I.
Inhabitants of Palmyra VS.. Susan
II. Nichols, action on a certain con-
tract or obligation to relieve the town
of Palmyra from the support of one
Clark. brother of the defendant
Plaintiffs put in evidence a written
obligation under SEAL reading as fol-
lows:
Newport. Jan. IA. 1895.
Know all men by these presents. that
l, Susan H. Nichols of Newport.
county of Penobscot and State of
Maine, do hereby agree and obligate
myself. my heirs and executor. That
| will release the town of Palmyra
from further support of Enoch II.
Clarke. and further promise and agree
that l will maintain said Clarke
through his natural life. and pay all
Drs. bills and funedai expenses. The
condition of this obligation is such that
if said Susan H. Nichols shall indemnify
the said town of Palmyra from all ex-
penses, costs and damages which may
accrue by reason of said Clarke. Then
this obligation is void. otherwise if
said Susan II. Nichols fails to fulfill
this obligation, said town of Palmyra
will sue said .usan II. Nichols or her
heirs or executor and recover for the
support of said Clarke. with expenses
added thereto.
Signed sealed in the presence of Mary
J. Kelley and F. L. Brown.
SUSAN H. NICHOLS. tseaD
PenobscOt 6 G
Newport Jan. IA, 1895.
Personally appeared Susan H. Mich
OILS and made oath to the love state
ment to be her free act.
Before me.
Il. l.. BROWN,
Justice of the Peace"
The plaintiffs claim that previous to
the time this contract was made they
had received notice from the town of
Orneville that Mr.. Clarke had become a
charge and they should hold Palmyra
responsible for all expenses incurred:
that in pursuance of that notice two of
the overseers of the poor. Mr.. Longley
and Mr.. Brown. went to the house of
defendant. where MIR. Clarke was, to
take him to the town farm in Palmyra:
that Mrs. Nichols, he defendant. did
not want him to go and offered to keep
her brother till April: that they asked
her to give a bond for the maintenance
of Clarke and she refused to give it:
that they asked hef'to obligate herself
to support .hm for-life, and she said
she would not that on account of Mr..
Clarke's health they did not take him
that night, but made arrangements for
him to be taken care of till the follow
ing Monday; that on the following
Monday Mr.. Brown returned. having
prepared the contract Gas given above)
with he exception of inserting the name
of defendant. and upon arriving at de-
PENDANTS house. Mr.. Brown told them
he had come after Clarke: that after
some conversation Brown told defend
ant that if she would sign the contract
which he then showed and read to her,
that he would leave Mr. Clarke, other
wise he would be obliged to take him
to the town farm: that finally the de-
PENDANT consented to sign the contract;
that some months later the overseers of
the poor of Palmyra received notice
that Clarke had again fallen into dis
tress and they We're obliged to assume
the care and expense of his support
and paid out to the other town a bill
of s2S for his support: that defendant,
though requested, refused to carry out
her contract, hence this suit
Defendant Gains that at the time
the contract was. made she was in
feeble health and her mind was weak.
that she was unduly influenced and
induced to sign the contract by fraud
ulent representations
Drs. A. 1. Harvey and Byron Porter
testified that defendant had a slight
shock previous to signing the contract,
and was weak in mind at the time of
signing the contract.
The defendant and Mrs. Kelley. her
neice testified that when Mr.. Brown
came with the contract, he read the
contract. but did not read anything
about supporting Clarke for life, but
read it as though it was a contract to
support Clarke until Aprn only. that !
the defendant did not know until long
afterwards that the contract was
framed to support Clarke for life: that |
the defendant arranged with Mrs. KEEL
ley to keep Clarke until April and she |
did actually keen-and care for him
till the last of May, 1895.
The plaintiffs introduce the testi-
mony of Mr.. Thompson. who stated |
that the defendant told him that she
had signed the contract to support her |
brother for life, Trhompsen admitted: !