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

which would go back SO far when the
documents were not in the possession of
the court, but the question was allowed.
Mr.. Webb then said that he knew of a
will previous to that of 1898, but that he
did not draw it. This earlier will was
brought to his office and shown him by
the testator and was then carried away
1t had no provision for the library in
Bradford, and the charitable requests
took the bulk of the property. There was
in this will no provision for the continu-
alton of the running of the ferry line,
but Clause was there in the identical
language which appears in the last will
After the present will had been drawn
and signed the testator did not take it
away as he had the former instrument,
but left it in Mr.. Webb's care. Testator
said that the will was call right"
Governor Cleaves then asked whether
drawing Clause the testator informed
the witness that before 1874 the testator
had brought a libel against Sarah P.
Curtis, his former wife, and also another
in 1874 and that he had been compelled
to abandon both. Mr.. Webb replied tn at
Mr.. Curtis had said nothing about either
of these libels.
Then Governor Cleaves asked whether
Mr.. Curtis had informed him, before draw
ing clause relating to Roscoe Curtis, that
about 1874 his wife had brought libel
and secured divorce for his fault. Wit
ness replied that Mr.. Curtis had said
nothing about this. Neither was witness
informed that in those proceeding the
Supreme Court gave the care and custody
of Roscoe to the mother; nor that all the
provision that he had ever made for the
boy was by order of the court. Witness,
in answer to questions testified that Mr..
Curtis had not informed him that by
decision Of the court Roscoe was his law
full child and had not discussed the proba-
BILE share of his present wife in case he
should not make a will. Witness said
that he had not advised the testator
against putting Clause into the will,
and had never conversed with him about
it, although testator had said to him that
it suited him.
Who drew Clause 4 in the original will?
asked Governor Cleaves.
Mr.. Webb replied that he did not know
of his own knowledge. but had been in
formed that it was drawn by A. A.
Strout sges
Mr.. Webb testified that Mr.. Curtis lad
never expressed any feeling about Roscoe,
either friendly or bitter, and in fact had
never mentioned that he had seen him
or knew him. Witness had never had
any conversation with him respecting
Roscoe.
The witness was asked whether Mr.
Curtis had ever submitted the will to
anyone else, and replied that the testator
never took the last will from his office;
but the will of 1898, which was substan
TALLY the same, may have been shown.
No statement was made as to the last
will at the time it was executed, and at
no time did Mr.. Curtis make any state
ment to witness regarding his former
wife, although he did say that "they !"
had used him unjustly, meaning, as
witness thought, his first wife and her
people, When Mr.. Curtis read the will
over after it had been drawn he said as
he read Clause 4, "That is right, Mr..
Webb, they abused me in that matter.
He was not vehement about it and said
nothing further. He did not tell witness
that Roscoe had once called on him, and
never informed him as to the proceedin gs
in court in 1874. He did not either say
anything as to his reasons for emitting
his sisters name from the will, so far
witness could remember, and made no
mention as to the character of the pro
vision made for Roscoe.
E. M. Rand, ESQ, was the next wit
ness, being the second of the three wit
nesses of the execution of the document.
Mr.. Rand said that on April IA. 1895,
Mr.. Webb, whose office was next to his.
called him in and asked him to witness
will. He went in and found there Mr..
Curtis and Mr.. Adams. Mr.. Curtis sat
down and signed the WILL and in re-
Spouse to Mr.. Webb's question said that
it was his last will. He then signed it,
The witness saw nothing unusual in
testator's manner or appearance, and pre-
sumed him to be of sound mind. He said
nothing about the contents of the will,
and witness did not recall that he ever
had any conversation with Mr.. Curtis
about it,
Mr.. Silas B. Adams was called as the
third witness of the will. The witness
was in the employment of Mr.. Curtis,
and on the day of the signing of the will
was requested by Mr.. Curtis to step into
his carriage at the Fore street Office and
go up to Mr.. Webb Office to witness his
signature. They got into the carriage
and went up. The witness then de-
scribed the signing of the will.
Mr.. Larrabee began the cross question
ing and drew from the witness the info
nation that Mr.. Curtis did not have the
will with him when they went up to Mr..
Webb's office, and that he said nothing
about the contents of it. Mr.. Curtis had
never made any comments on the will
in his presence. Mr.. Adams said that he
had witnessed the former will in 1898