Worcester morning daily spy., 1898-03-23
COURT CALENDAR.
Emma ]. Newton Gets a Verdict
of 5000 Against the City.
A Variety of Happenings of Interest to
the Legal Fraternity at the Local
Court Houses.

In the superior civil court, Tuesday,
before Judge Gaskill, the final argu-
ments in the case of Emma ]. Newton
VS.. the city of Worcester were made by
Charles C. Milton for the plaintiff and
City Solicitor Arthur p Rugg for the
city. After the charge to the jury at
the afternoon session, a verdict for the
plaintiff was found, assessing damages
in the sum Of $500. The case was an
action of tort with an ad damnum of
$4,000 to recover for a broken limb re-
ceived in 1885, on Chandler street. by
the plaintiffs falling into hole in the
sidewalk. Charles G. Milton, F. c. Cum
nison for the plaintiff; Arthur P, Rugg
for the defendant.
The next case was that of Stewart
Cooney VS.. Francis O'Brfen, an action
of tort with an ad damnum of $500 to
recover for juries received by him on
jefferson street, IN January, 1897, it be-
ing claimed that a dog belonging to the
defendant ran from the place where the
defendant lives and severely bit the
plaintiff, who is a boy nine years of
age The defendant denies the owner-
snip OIL tHe uoS. ne lille1l q uili iSits.7 @
will be made this morning. Daniel b.
Hubbard for the plaintiff; Sullivan &
O'Connell for the defendant,
Settlement has been effected in the
case Of Jas McGarr VS.. Charles E. Nc
Carr, both of Worcester, judgment be-
ing entered for the plaintiff and judg-
ment satisfied. The case was an ac-
ton of contract to recover for note
for $1,000. Phillip ]. O'Connell for the
plaintiff; Willis p. Sibley for the de-
fendant.
The case of Edward A. Cowee VS.. Net
tie J. Damon has been settled out of
court John B. Ratigan for the plaint-
iff; Sullivan & O'Connell for the de-
fendant.
The trial list for today is as follows.
2496 Cfor triaD-Cooney VS.. O'Brien,
Hubbard; Sullivan & O'Connel
2491-O'Briep VS., city of Worcester
Wood & Wood; Rugg.
254S-McGaffey VS.. Newell. Morgan
& Stewart; Coney. --s.s-
24S2-Dewing VS.. Norris. Batchelder
Herbert Parker; Hall, Pierce & Styles.
2637-Dwyer VS.. Worcester and Sub
urban Street Railway Company.
Thayer & Cobb; Herbert Park
er, Milton.
26S5-Wilmet VS.. Cutting ct al. Shee-
han & Cutting; Herbert Parker, Mil
ton.
PROBATE COURT, FORBES, j.
FITCHBURG, TUESDAY, MARCH %. .
Wills allewed--Pierre Gervais, South
bridge, i, Andrew Gervais executor, val
uation of estate $4,000 real, $500 person
al; William ]. Whiteside, Warren, Ellen
Whiteside eXecutriX, valuation of estate
$500 real, $1,000 personal; James Fl.
Fairbanks Fitchburg, Josephine B.
n, L.. l,,at
tate $4,000 real; Marshall S. Lindsey,
Athol, Lulu NJ Lindsey executrix; Smith
X. Randall, Windsor, VT, Granville S.
Derby, Springfield, D. Ann Bennett,
Leominster, Alfred L. Burdette eXecu-
tors, valuation of estate $2S00 personal.
Administrators appointed-Fred w.
Sloan, on estate of Minnie J. Sloan, Lei
cester, valuation of estate $4,000 per-
sonal; Mary NJ. Bancroft, on estate of
Mariah Bancroft, Worcester, valuation
of estate S100 personal; Mary B. Martin,
on estate of Harriet c. Brimblecom,
Barre; John Mulcahy, on estate of Jesse
Hobbs, Brookfield, valuation of estate
$500 real, $4,000 personal; Margaret Hag-
gerty, on estate of William H. Hagger-
ty, Worcester, valuation of estate $433.S9
personal.
Guardians account allowed-Ffrst of
D. Oscar Putnam, guardian of Charles
G. Amber, Sutton, receipts $500, pay
ments S21S.91.
Guardians account filed-Fourth Of A.
Henry Hardy, guardian of Carlton w.
| Woodruff, Fitchburg, receipts $S716.57,
payments $424.57.
Administrators accounts allowed
Final of D. Oscar Putnam, on estate of
Charles c. Amber, Sutton, receipts and
payments each $360.25; first and final of
John Q. Reynolds, on estate of Ella F.
Reynolds, Uxbridge, receipts $735.95,
payments $3.50; first and final of H. Os-
car Putnam, on estate of Charles c. Am
bier, Sutton, receipts and payments each
| sS64.9O.
Administrator account filed-First
! and final of Frank w. Adams, on estate
of Lizzie i. Walker, Royalston, re-
ceipts and payments each $948.45
Trustees account ffled-Tenth of
Charles E. Ware and Alvah Crocker,
under will of Gardner S. Burbank, for
benefit of Sarah w. Burbank, receipts
and payments on principal each $751;
| 0S7.35.
INSOLVENCY COURT, FORBES, j.
FITCHBURG, TUESDAY, MARCH %.
Adjourned third meeting-William H.
Ryan, Fitchburg. Discharge granted.
Second meeting Wallace R. Earring
ton Fitchburg Claims proved and adj
journed to April Sd Tor oath.
LEOMINSTER WILL CONTEST.
A hearing was held in the probate
court Tuesday on the petition of Alice
J.. Huff VS., Esther j. Parker, involving
the allowance of the will of Louisa Mar
tin. According to the claim of the petit
toner, when the respondent filed the
will of the testator and asked for the
appointment as executor, she caused the
notice of the hearing on the Wills all
lowance to be missent so that the petit
tioner never received it, and, that as the
testament was made but few months
before the testator's death and be-
queathed all the property to the respon-
dent the win was fraudulent, being ex-
ecuted under undue influence. The pc
titioner and the remonstrant are the
two children of the testator. AT the
time the will was allowed the latter was
appointed executor. The petitioner ac-
cordingly asked that the Will be disal-
lowed and that the decree admitting il
to probate be revoked and annulled At
ter the hearing the court found that the
petitioner had not received proper no.
tice of the hearing upon Inc will and
the former decree viii be formally re-
voked. The parties are residents of
Leominster. Norcross & I}aker for the
petitioner; c. e. Tupper for the re-
spondent.
MARRIAGE AT STATE MUTUAL.