The Portland daily press., 1897-09-18
DIDN'T NEED A WILL.
Freeman Growers Heirs at Law
Object to Administration.
ESTATE OF A BRUNSWICK MONA
GENARIAN UNDER DISCUSSION.

He Had Paid His Widow in Cash and She
Had Released Her Right of Dover
| Seven Sons and Daughters Surprised
When They Learned There Was Will.
A preliminary hearing on BRUNSWICK
will case was on the boards at the fro-
bate court yesterday. 1t began early III
the forenoon and ran up to nearly SIX
O'Clock, with only an hours intermlsslon
for dinner.
1t is rather novel case in that all tne
heirs are on the best of terms, their sole
objection being to the appointment OF an
administrator, they believing that the
cost of administration might just as well
have been saved and the desire OF the
testator fully lived up to.
| Freeman Grover, nonagenar1an OF
Brunswick, died last July, and left Will
which was dated February 10, 1897. . In
the will he directed that his widow 20
paid $500, in addition to sums he had
previously given her under ante-nuptial
of the estate to be equally distributed
among his seven sons and daughters:
Woodbury. S. Grover of Annsbury, Wis.
Freeman Grover, Mrs. Octavia Love,
Mrs. Rebecca M. Rand, and Wilbur N.
Grover of Southport. BENZ. N. Grover OF
| Gloucester, Mass, and Mrs. susan NC
Kown of Boothbay Harbor. The will also
named Lawyer Barrett Potter OF Brun-
| sWick as executor of the estate.
| The hearing came up on petition LOT
the allowance of the will, Mr.. Potter ap-
pearing as counsel in support OF the IN
strument and Messrs. Seiders & Chase of
Portland as counsel for the united heirs,
who ask that the will be not allowed.
The usual preliminaries were gone
were examined in the order named: Han
nibal H Emery of the Portland Safety
Deposit company, DR.. Alfred MITCHELL
Barton R. Jordan, Levi Toothaker, DR..
Joseph II. Lombard and Mrs. Lillian
A lexander all of Brunswick. DR..
Mitchell, Barton FL Jordan and Levi
1'oothaker were witnesses to the signature
of the will. They related the circum-
stances connected with their signing of
the instrument, and in the course of their
examination gave evidence tending to
show their belief that the testator was in
fairly sound mental condition at the
time. Mr.. Emery testimony related to
the general appearance and acts of Mr..
Grover on the occasion of his visit to the
deposit vault, last spring, on coupon
cutting errand. He saw nothing about
the old gentleman to Indicate mental in
capacity. DR.. Jordan was examined at
considerable length as an expert on the
subject Of mental stamina.
When the evidence on that side of the
casa had closed Mr.. Chase made brief
opening argument, in which he summed
up the opponents claims, which are, in
substance, that Mr.. Grover was in his
Goth year, physically and mentally infrm,
could not even remember the full names
and addresses of his children; that he had
told some of his sons he did not intend to
make will; that he was not in condi-
tion to transact business, and incidental
ly that he was unduly influenced.
Mr.. Potter was anxious to know at
whom that insinuation was aimed, and
he requested the court to instruct the op-
posing counsel to file specifications as to
the grounds on which they intond to con-
test the case.
Mr.. Chase remarked that he had not
filed any specifications because they had
not been called for befo re the hearing in
accord with rule Of the court. He was
willing to state the grounds on which the
opponents base their claim, but he was
not particular about naming the party
whom they claim influenced the tesbator
to make q will. The court sustained Mr..
Chase in his position.
Mass, son of the testator, was called as
the first witness for the opponents. Asked
how recently before the making of the
will he had seen his father, and what the
nature of their conversation was, he re
piled, in substance: About two years be-
fore his death visited him, in response
to letter from him. He said he wanted
to make will and wanted me and my
brother Wilbur to act as executors. A
year later when l called on him the
matter was brought up again. That time
he said he guessed he wouldn't make u
will; that there would he none of his
property left when he got though with
it. | asked him II he had lost anything
by investment, and he replied in the
negative. l asked If he did not have
enough to take care of him the remainder
of his life and he said he guessed he had.
He agreed to let me know If he ever
changed his mind about making a will. I
never heard anything more from him on
that line.
Cross-examined by Mr.. Potter, the wit
ness said he did not know the value of
the estate He admitted that the house
in which he resides i'll Gloucester belongs
to the estate.
Mrs. r. M. Rand of Southport, a
daughter of the testatcr, testified that she
saw her father twice within year of his
death. His mind appeared to be wander
Ing. I16 bttlhcu dUOuU u IOthN CIV A|oooAtCeoy
Harbor about which she knew nothing,
and she found he thought she was her
sister Susan. He said people wanted to
rob him; he talked against church people
in general and said it wasn't right for the
Methodists. to put Frank Jones on the
board of trustees of Kent's Hill. When
we went to the table he didn't follow his
custom of asking blessing. 1t was the
first time within her remembrance that
he SAT- down to a meal without asking
blessing. He made no mention of his
son. Woodbury.. whl for the first time in
thirty eight years had just been visiting
him.
Mrs. Mary NJ. Grover, widow of the
testator, was the next witness. Her testi-
mony was, in substance, that she was
married to Mr.. Grover in 18S3 just te-
fore their marriage she entered into a
written agreement with him Ewhereby, in
consideration of a certain sum he pa id
NEM @ M EM EN MA