The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-22

In the Probate Court before Judge Pea
body, on Thursday forenoon, "a hearing
was held on a question arising from the
will of the late Annah st. Clair Gerry,
widow of the late Elbridge Gerry, of this
city. Mrs. Gerry's son-in law, Mr.. Da
vid Stewart, of Baltimore. is sole execu-
tor of the will, by the terms of that in
strument.
Mrs. Gerry died in Florence, Italy, last
November, after long residence abroad.
The will was executed at Leghorn, and
duly attested by the United States con-
sular officers.
Mrs. Gerry's estate seems to have
amounted to about three hundred and
fifty thousand dollars. A portion Of her
personal effects she disposed of by written
directions outside the will. In the same
way, also, she directed that her body
should be cremated and her ashes buried
in the place of her death if possible.
Besides making David Stewart sole ex.
ecutor, it provided that he should only
give nominal bond of $50, 900; and that
he should be excused and exonerated from
filing any inventory in the Probate
Court. The will does, however, direct
him to furnish an inventory to the heirs
within sixty days.
The main provisions of the will then
follow and direct the estate to be divided
into three portions of equal size, one for
each of her three children: Mrs. Alice
Gerry Stewart, of Baltimore, Madame
Elizabeth Gerry Pangiris, OF Rome, Italy,
and Elbridge Gerry Jr.
Madame Pangiris, formerly known in
Portland as Miss Bessie Gerry, is the
wife of Constantine Pangiris, Bey, con-
SELLER of the Turkish Legation at Rome.
Pangiris Bey, although an official OF the
Turkish government, is himself Greek,
and is very accomplished gentleman,
the master of seven languages and an
important official at the Legation.
The portions willed to Mrs. Stewart
and Madame Pangiris are given outright,
with the exception that Madame Pan
giris's portion is specified as not under the
control of her husband. By another
clause of the will the sum Of one thou
sand dollars is given to Pangiris Bey.
The third given to Elbridge Gerry, the
son, is left in trust for him, and for his
heirs. forever, with provision for Jessie
S. Gerry, his wife, and for division in
case Elbridge Gerry should leave no
heirs. The trustees of this third are H.
II. Hanna, of Indianapolis, brother-in
law of Jessie S. Gerry, and Mr.. Elbridge
Gerry himself.
One clause of the will provides, how
ever, that Elbridge Gerry's third shall not
be paid to his trustees until he shall
have performed certain condition. This
condition is that he shall turn into the
estate the property willed to him by his
father, the late Elbridge Gerry.
Elbridge Gerry Senior, died about 1885,
He had been member of Congress, hav-
ing been elected while a resident of
Waterford, Me. Later he moved to Port
land. He was possessed of a considerable
fortune, which he disposed of by will. In
the first place he left the properties at
trust for his son Elbrldge Gerry, the
widow and Albert B. Stevens being
| named as trustees. The net income from
this property was to bs paid to tho son
in quarterly payments. The house on
High street was left to the widow, and
the remainder of the property was divided
between the widow and two daughters,
share and share alike. =
Whether or not this disposition favored
the son at the expense of the daughters is
not certain. But when Mrs. Gerry-who
is understood to have had considerable
property of her own-came to make her
will she provided that the third intended
for her son should not be paid over until
he should have given up the property left
him by his father, her intention ap-
parently being that the three children
should participate equally in the whole
Gerry property.
AS the property left to the younger
Gerry by his father is in trust, 1t seems
impossible for him to give it up and thus
comply with the conditions of his
mothers will. This is not the least of the
complications in this remarkable case.
In the proceedings peIore d uuSe Eed-
body Thursday forenoon Mr.. Elbridge
Gerry was represented by Augustus E..
Moulton, Esq, while George f. Emery,
Esq, and Judge Symonds appeared for
the executor of the will. None of the
parties were present.
The proceedings come in the form of a
petition from Mr.. Gerry, in which he
asks for an inventory of the estate, an
account of the division, and larger bond
from Mr. Stewart, the executor.
1t was claimed by Mr.. Gerry's counsel
that Mrs Gerry had no right in her will
to excuse the executor from filing the in l.
ventory which the law required. Mrs.
Gerry was master Of her. estate while alive,
but she could not dominate it after death
in defiance of the law and the courts.
The petitioner now claimed that the
property should be administered accord
| ing to law, and not according to Annah
St. Clair Gerry. 1t was true that the ex
ecutor had furnished statement of the
assets of the estate to the heirs. The vii