The Portland daily press., 1897-08-12
THE CURTIS WILL.
Roscoe W. Curtis Files His Appeal to tho
Supreme Court Giving his Reasons for
Directing to His Fathers Will.

An appeal has just been taken nv
Roscoe W. Curtis. son of the late John r
Curtis, from the probate of the will of
Mr.. Curtis. The papers were filed in the
case yesterday afternoon by ex-Gov
Cleaves and Hon. Seth L. Larrabee and
the proceedings will now be transferred
to the supreme judicial court.
The reasons of appeal are substantially
as follows:
First, said writing, purportiag to be
the last will and testament of John B.
Curtis is not the last will and testament
OF said John B. Curtis.
Second, that said John B. Curtis at the
time of the execution of the writing MR.
porting to be his last will and testament
was unduly influenced in making thereof
by other persons or by influences other
than his own mind.
Third, that the said John B. Curtis. aft
the time of executing the writing purport-
ing to be his last will and testament. was
unduly influenced by certain decisions
which rendered him legally incompetent
to make and execute a will.
Fourth, that the said John B. Curtis
had imbibed such a groundless and NOR
bid antipathy against his deceased wife
and Roscoe W. Curtis his and her only
son, as to render him insane on any
matters in which he, the said Roscoe W.
Curtis might be interested, named or con-
cerned, and that governed byl that an
tipathy amounting to an insane delusion,
the said writing was made and executed
as and for his will.
Fifth, the said John B. Curtis in the
making and execution of the writing
purporting to be his last will, was labor
ing under delusion or delusions as to
his deceased wife, named in the fourth
clause of said writing, and also as to his
son Roscoe W. Curtis, named in said
clause; and the said John B. Curtis by
reason of said delusion or decisions, was
incapable of sane reasoning, whereby his
only living child and heir was disin-
herited; said writing being the product
of and governed by such delusion or
decisions.
Sixth, at the time of the making and
execution of said writing the said John
B. Curtis was laboring under q mono
maniacal delusion relating to his deceased
wife and relative to his son Roscoe W.
Curtis, named in the fourth cause of said
writing, and said writing was the off
spring of or influenced by said delusion
%ba IL.
time of the making of said writing and
for many years previous there to Ewas of
unsound mind in this, that he entertained
the senseless and absurd de1usion that his
deceased wife, Susan P. Curtis, who
obtained divorce from him for his fault,
had been unfaithful to him during their
marriage relations, and that Roscoe W.
Curtis named In the fourth clause of said
writing, was not the offspring of said
John b. Curtis and Susan P. Curtis,
which said delusion was an insane de-
fusion, and said John B. Curtis was act
ing under, Influenced or governed by it in
making said writing as made, and in dis
inheriting said Roscoe W. Curtis his only
son and heir.
Eighth, the said writing was not the off
spring of sound mind, but the product
of and grounded upon a morbid delusion
entertained by the said John B. Curtis,
amounting to a mono-mania or insane
delusion as to the true conduct and
fidelity of his deceased wife, and as to the
living son Roscoe W. Curtis.
Ninth, the said John B. Curtis at the
time of the making and executing of said
writing and for long time prior thereto
was subject to the morbid and insane de-
fusion or decisions that the said Roscoe
W. Curtis was not his child and heir, and
that there was no living issue Of himself
and his former wife Susan P. Curtis.
Tenth, the said John B. Curtis at the
time of the making of said writing and
for many years previous thereto was of
unsound mind in this, that he labored
under the groundless belief, mental de-
fusion or decisions, that there was no
living issue of the marriage of himself
and his former wife Susan j. Curtis, that
the said Roscoe W. Curtis named in the
fourth clause of said writing was not his
child and heir; that the said John B.
Curtis, in making and executing said
writing as made. acted under the in
f1uence of said groundless belief, delusion
or decisions SO entertained by him; and
the said writing was influenced or dictated
by said groundless belief, delusion or de-
lusions.
Eleventh, that the said John B. Curtis
at the time of making and executing said
writing was not of sound and disposing
mind.
HENRY B. CLEAVES,
SETH L. LARRABEE,
His attorneys.
Roscoe W. Curtis gives bond of $1,000
that he will prosecute the appeal, his
sureties being Fred N. Dow, Henry P,
Cox, Ammi Whitney, ]. W. Tabor, D.
W. Kensell and Edward B. Winslow.
The appeal is to the session of the