The Portland daily press., 1898-02-21
CURTIS WILL CASE.
The Grounds on Which the Action win BE
Brought Today.

This afternoon at three O'Clock
there will begin in the Supreme court the
trial of the case Of Roscoe W. Curtis
appellant relating to the last will and
testament of the late John B. Curtis.
This case promises to be one of the most
sensational and hardest fought civil trials
known in Portland for some years. The
best of legal talent is engaged on both
sides and some twenty witnesses have
been summoned to testify in the case
The case will be tried before Judge VIM.
+. Whitehouse by jury. Ex-Gov. Cleaves
and Seth L. Larrabee will represent the
interests of Roscoe W. Curtis while
Symonds, Snow and Cook and Richard
Webb, Esq, will appear for the estate.
John B. Curtis died in June last and
his will was presented to Judge Peabody
of the Probate court for execution some
weeks later. The fourth clause in this
document is the one which will play y
great part in the coming trial. This
clause was as follows:
Whereas the child known as Roscoe
w. Curtis alleged to be The issue Of
myself and my former wife, Susan r.
Curtis, has already been provided for by
me, Intentionally omit giving him any
legacy, bequest or devise whatever.
Mr.. Roscoe W. Curtis claims that this
clause which cuts him off from his share
of the estate of John B. Curtis is unjust
as the Supreme court established his
legitimacy by decree in 1874 and it is
understood granted his mother the gam
of $40, 600 for the support of her son.
The will Of the late John B. Curtis after
providing for his burial and the care of
his lot in Evergreen cemetery was as fol-
lows: $1,000 was given cousin, Lavina
Townshend, s5, 600 left In trust for an
other cousin, Verona Baker, 1000 in
trust for Clara L. Wilcox and the remain
der of the estate was left in trust for his
wife, Alice G. Curtis. during her life
time. After the death of Mrs. Curtis the
town Of Bradford, Me-, was provided
with $40, 900 public library and the
residue divided into teDths was disposed
of as follows Widows Wood society of
Portland one tenth, Home for Aged
Men in Portland one tenth, two tenths
to the Home for Aged Women, two tenths
for the Portland Fraternity, one tenth
for the Paine Memorial Corporation of
Boston, two tenths to the Portland Public
library under conditions granting the
privileges to the citizens of Deering.
When Judge Peabody approved the will
IF Tohr Cr1rt 10 ha aDnnintpd J,pAnHRr
W. Fotes and William g. Davis as adj
ministrators. Mr.. Roscoe W. Curtis APP
pealetl from the decision of Judge Pea
body and this brought the matter into
the Supreme court
The reasons alleged for the appeal were
as follows:
First, said writing, purporting to be
the last will and testiment of John b.
Curtis is not the last will and testament
of John B. Curtis.
Second, that said John B. Curtis. at
the time Of the execution of the writing
purporting to be his last will and tesla
ment, was unduly influenced in the MAX
ing thereof by other persons or by in
fuences other than his own mind.
Third, that the said John B. Curtis, at
the time of executing the writing pur-
porting to be his last will and testament,
was unduly influenced by certain delu-
sions which rendered him legally incom-
petsnt to make and execute will.
Fourth, that said John B, Curtis had
| imbibed such groundless and morbid
antipathy against his deceased wife and
| Roscoe w. Curtis, his and her only son:
rs to render him insane on any matters
| In which Re the said Roscoe w. Curtis
might be interested named or concerned
and that governed by that antipathy
amounting to an insane delusion, the
| said writing was made and executed by
said John b. Curtis as and for his will. (
| Fourth, that said John B. Curtis in
the making and execution OF said writing
purportipg to be his last will was labor
| ing under delusion or decisions as to
the character and chastity of his deceased
wife, named in the fourth clause of said
writing, and also as to the legitimacy OF
his son, Roscoe W. Curtis, named in said
clause, and the said John b. Curtis by
reason of said delusion or delusions, 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 de-
lusions.
THE BOWLERS.
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