The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-07-28

Judge symonds, Gov. C1eaves, Messrs Lar
rabes and webb appear Counsel
VIII Approyed and Appeal Taken.
The contest over the will of the late
John B. Curtis began in the Probate
court yesterday forenoon, 1t was evident
which the preliminary examination took
that it is to be long and well fought
legal battle. For the will the counsel are
Judge Symonds and Richard Webb, ESD,
and for Roscoe w. Curtis, the contestant,
ex Governor Cleaves and Hon. Seth L..
Larrabee appeared.
1t did not appear from the preliminary
proceeding on Tuesday what the grounds
of the contest are to be; but it is evident
that Clause of the will will be very
prominent in the proceedings and that 1T
may have considerable influence on the
result. This clause is as follows: where
as, the child known as Roscoe W. Curtis,
alleged to be the issue of myself and my
former wife, Susan P Curtis, has already
been provided for by me, / Intentionally
omit giving him any legacy, bequest or
devise whatever"
The preliminary proceedings showed
that the contestant believes this clause to
be unjust, since the Supreme court about
1874 gave decree which established Ros-
coe W. Curtis as the lawful child of the
testator. 1t is understood that the court
also at that time decreed that the testator
should givTlor the support Of the child
ten thousand dollars, and that this
amount so given is the provision referred
to in Clause 4.
Mr.. Curtis died in June. His will,
after making certain provisions for his
burial and the care of his lot in Evergreen
cemetery, gave five thousand dollars to
his cousin Lavina Townshend, five
thousand in trust for another cousin,
Verona Baker, and ten thousand in trust
for Clara l.. Wilcox. The remainder of
the estate was left in trust for the use of
his wife, Alice C. Curtis, for the remain
der of her life. After that the town of
Bradford, Maine, is provided with a
twenty thousand dollar public library
and with the residue, divided into tenths,
the following charities are to be endowed
one tenth to Widows Wood Society, of
Portland, two to the Home for Aged
Women, one to the Home for Aged Men,
two to the Portland Fraternity, one to
ton, and two to the Portland Public
Library under certain conditions as to
the privileges of residents of Deering.
After the hearing of yesterday Judge
Peabody approved the will and in accord
nee with the terms of the instrument
and the petition of the widow appointed
Leander W. Fobes and William g. Davis
administrators with the will annexed.
From this the counsel for the contestant
appealed to the Supreme Court, and pend
ing the decision of the appeal, Messrs
Davis and Fobes are appointed temporary
administrators.
When the will was offered for probate
on Tuesday the first witness was Richard
Webb, Esq. He identified his signature
and said that the paper in question was
signed in the presence of himself and the
other two witnesses, on the 14th of April,
1896, in the witnesses office on Exchange
street. In his opinion Mr.. Curtis was of
sound mind. Mr.. Webb had first drawn a
will for Mr.. Curtis in January, 1898.
This will was made after one or two con-
situations. Witness had not preserved a
copy of it. In January, 1895, the testator
came to have codicil added, which was
done. A year after he wanted another
Al, Of +lo iii
suggested, and this was done. Clause 4
of the will Of 1893 was in tie same Ian
guage as appears now in the will of 1885,
on which the contest comes up.
Witness said that Mr.. Curtis in draw
ing his will furnished no schedule of his
property, and did not give any of the
reasons which actuated him in giving to
Virginia Townshend and Stephen W.
Field, although he was under the impress
sion that he said that the latter had been
in his employment for many years. AS
to the library for the town of Bradford
he had said that it was his desire to do
this for the town of his birth. He gave
no reasons for his requests for the chart
table institutions. The clauses in the resi-
due clause relating to charities are the
same as those in the 1888 will. The differ
enco between the two wills were mainly
as regard ed the specific requests in the
first clauses.
Then ex. Governor Cleayes, who was
conducting the cross examination asked
about Clause 4, which the witness de-
clared to be same in both wills.
Witness was then questioned as to a
will previous to that of 1928. Judge
-. -. - 49,. :. =. 49,. a.. ~.