The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-02-25

called in and thu situation WAS explained
to him, and he counselled. her to 90 " hat
her brother and uncle thought for the
best. Anita said that she was reluctant
to make such disposition, as It might
be considered reflection on her intended
husband, but she finally said under the
explanations given that she would act on
the advice of her uncle and brother. She
was arranging for her coming marriage,
and she signed the papers given to her
without further consideration.
One of the papers she signed appointed
her brother and her uncle. Mr.. Fowler,
trustees, to hold for her during her life
the shares of stock to which she was en-
titled in trust, to turn over the dividends
to her, and; ito vote on her stock. At her
death the principal was to he divided
among her children. If she left no
children the property was to 60 to her
brothers and sisters BY the second in
strument all other property coming to
her under the will of her father was put
with the same men in trust for twenty
years. She was empowered to terminate
the trust at the end of ten years. AL
dividends in the inter. m were to Returned
over to her. If she should die during the
continuance of the trust the property was
to go to her children. or In default OF
children to her brothers and sisters. But
in that event young Blaine was to get an
income of $40, 900 year for his life from
this part of her estate.
The third paper was an ante-nuptial
contract made with her husband, In
which she settled $40, 600 aFyear upon him
for life. and provided that he was to have
her life or at her death, except as prevl-
ously provided for. She became 25 years
of age on July 8, 1891.
Soon after the marriage she became con-
vinced as her evidence before the referee
showed, that she had made a. mistake,
and sha SO explained to her husband.
She and her husband consulted in May,
1892, about bringing proceedings to set
aside these transfers, but the proposed
legal proceedings bad not been begun
when her husband died month later.
He left son, Emmons Blaine, now
about five years old. subsequently she
decided to proceed to again get control
of her estate, as her father had desired,
ms shown by his will, and as her husband
had wished, and she began the present
proceedings through James G. Carter and
Lewis Cass Lsdyard. The trustees of the
trust were represented by Shipman.
Larooque & Choate, who, representing
her child, had to make a formal defence.
Her family made no serious defence to
the action.
The referee finds that the plaintiff, al
though young and inexperienced in bust
ness affairs at the time. was woman of
unusual intelligence and WAS perfectly
oompetent to dispose of her property as
she saw fit. He-de,lares that the convey
ances were not in consideration of the
marriage, but were a voluntary act on
her part. The motives Of her brother and
uncle, the referee says. are not impeached
and were for her interests. He finds,
however, that she executed the papers
without thorough comprehension of
their real and substantial effect. and that
she should be relieved from them. He
also mentions that the deeds were never
recorded, and that there has been no ac-
tion TO create adverse interests under
them. In fact, since the death of her
husband, she has been permitted aby the
trustees to act concerning ssher estate as
If the deeds were not executed.