The Somerset reporter., 1899-10-12

Columns estate should pass, vest and be-
divided according to the following provisioz.
contained in said will. now on file and re-
corded in said Probate Court Of said Som~r-
set County, TO wit -
"fhe residue Of my estate Of whatever
kind and wherever situated give and devise
to my kindred as follows, viz: To the child-
rem Of my deceased sister, Eliza {. Msrston:
70 the children II my deceased brother.
Samuel w. Coburn, and the children Of INV
deceased brother, stephen Coburn, in equal
parts, provided that the share Of Alonzo e
harston shall be held in trust By nm for his
son. Abner Paul Marston, and that aid
Alonl9 {. Maston shall have full power To
sell, convey and reinYest for the 3enefit Of hix
sad son during bis minority, On giving bonds
as documentary Trustee"
3fd. That Alonz5 Z. Marston never quzl-
lhed nor acted as such trustee, and AZ the
August term, 1889, Of said Probate Court, II
Somerset County aforesaid, said Al2nzo c.
haston declined SAD trust by writing un-
der his hand, flied and row remaining IN
sad Court Of the following purport aad
len9f and IN words and figures following -
+ 70 the Hon. Turner Busxen. Judge Of
/ Probate for the county u Somerset, Alonzo
+ & Marston of San Francisco, California. hzx-
]
solving upon him in and by the viii Of Abnex
/ Coburn, late Of Skowhegan in said county Of
! Somerset deceased, which said ai has BEEN
| duly admitted to probate in the Probate
/ Court Of said County, respectfully states thzr
he declines said trust, and requests thas
George y. Page, Esq, Of said okowhegau
may be appointed trustee for Abner Paul
Marston, beneficiary named in said will, with
the same power AMI authority conferred upon
him, the said Alonzo Z. Marston, in and by
SAID will; subject, however, to such condi-
tons and limitations under the statutes Ut
THIS state as SAID Judge II Probate may deem
proper.
ALoSzo {. NARsToN.
Probate Court, skowhegan, Aug. I3, 1889
4th That sad defamation vas accepted
by SAID court On the 10Th day Of August,
1889, and upon due proceedings at the said
August term, 1889. Of ~ Probate Court.
and IN accordance with SAM request Of said
Alonzo {. Marston. your orator vas dulv
appointed trustee for Abner Paul Marston,
under the will Of Abner Coburn
9Th. That your orator duly auahned a.
such trustee and entered upon the discharge
Of ms duties
9th. That san Amer Cobura Ieft verv
large estate, 50 large that your orator has
now in his hands as such trustees over sixty
Thousand dollars IN personal property, and
there Is still remaining a very large landed
interest If the probable value q forty thou-
sand dollars, covered by his SAL trust.
-th. That when your orator assumed said
trust, Abner Paul Marston vas about ten
years Of age; that all the personal estate Of
SAID Abner Coburn has been substantially
administered, and Abner Paul Marston's
share turned over 70 your orator, and that
the real estate belonging to SAID trust vas
held in common and undivided with the re-
naming deyisees Of Abner Coburn. Your
orators share thereof as SAID trustee being
225-4I25 parts Of the real estate That his
proportion of said real estate was 50 small
that partition was impracticable, especially
as in many cases said Abner Columns estate
was in common and undivided with stiu
other parties. Whereupon with your ora
tors assent the whole property was managed
as one, and his share of the proceeds as said
trustee has been paid TO him from time to
time. That in the management of said real
estate II became expedient from time to time
and for the best interests of his trust to sell
some portions OF the common property and
to make certain contracts or agreements for
the sale of some portions thereof. All Of
which has been done, in the Judgment Of
your orator, for the benefit OF his trust, and
in connection with the other dcvisees Of the
said Abner Coburn.
Sth. That since his said appointment ~
said trustee your orator has paid out for the
benefit of said Abner Paul Mar.ton, and
through his guardian for his support and ed
ucation, the sum OF twenty-three thousand
dollars. or thereabouts, and also the further
sum of four thousand, three hundred and
ninety two dollars for taxes and for expenses
not including, however, any commission or
payment for services 10 your orator, a fun
itemized statement of which your orator viii
prepare and produce whenever and wherever
this court shall order.
9th. That said Abner Paul Marston has
had no other means Of support
10th. Your orator is informed and be-
lieyes that said Abner Paul Marston will be
twenty-one years old the fifth day of October
next, and that at that time he will ask that
his entire share now held by your orator in
trust be turned over to him. This your
orator is unwilling TO do without authority
from your Honors, because he saws that the
will of said Abner Coburn is ambiguous in
this respect, and does not clearly state the
time when his trust terminates
18th. That said Abner Paul Marston has
already, in anticipation Of hi; attaining his
majority as aforesaid, given assignment Of
his right in and by virtue OF said will, BY
written assignment under his hand, duly re-
corded in the Registry Of Deeds and in the
Probate Office Of said Somerset County,
copies Of which are now on tile in said Probate
Office one dated November 10, 1893, in
favor Of the said John H. Sissons, to secure
the sum Of $1,000 90. Another dated the
first day Of June, 1899, in favor Of said John
K. kocher, TO secure the sum Of $500 %;
and the other dated June :, 1899, to said
Lille f. Kocher and Elise Smout, to secure
the sum OF $1,000. 90, and your orator Is
apprehensve that when the said Abner Paul
Marston arrives al the age Of twenty one
years, to wit the said October 9Th next. he
will confirm said assignments heretofore
mentioned.
Wherefore your orator asks
Ist. For construction Of that portion Of
the will of the said Abner Coburn heretofore
reeted, and that your Honors viii determine
when his said trus, terminates.
End. Whether, il his trust continues after
said Abner Paul Marston becomes twenty
one years of age. he should he required by
the Probate Court 70 give any bond2
,rd. If his SAD trust terminates when the
said Abner Paul Marston arrives a. the age
of twenty-one years to whom the funds in his
hands shall be PAID
4th. II it terminates at any other time
upon what contingency and 10 whom should