Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1899-03-29
THE WILEY WILL.
"A Contested Will of Interest in Cher
ryfiaIh

ryfield.
The supreme court of California has lust
handed down a decision in a contested
will case in which Cberryfield is largely
interested for the reason that by the terms
OF the instrument several of its citizens
are made lifel long beneficiaries and the
town is to receive a perpetual benefit in
liberal requests for religious, education
and charitable purposes.
The testator, Amasa P. Wiley. was
native of Gherrytield, and one of the
'49 ers that sailed from here on a voyage
around Cape Horn to San Francisco in the
bark "Belgrnde" After the eyentful voy-
age OF six months the company landed in
San Francisco
Wiley went to Marysville, where he
with two Others became partners in the
lum bering business under the firm name
of Hudson, Wiley & Kane. The COM
pany having prospered for term of years
Wiley withdrew from the business and
went to live in San Francisco, where he
invested his means in real estate. His
wife, who joined him in California, hav-
ing died, he was again married to Rachael
Springer, of Hancock, Me-, and by this
marriage there was born a son, Charles
Walter Wiley, an only child In latter
years Mrs. Wiley died, leaving the son
$4,000, which had been accommodating by
frequent gifts from her husband.
The fortune proved too much for the
young man and he soon lost his balance,
drifted into dissipation, was married I'M
der age and against his fathers wishes.
At last an exhausted bank account, d.
vorced wife and death from suffocation by
gas twelve months ago while asleep in his
room was the winding up of his reckless
career.
Disappointed and mortified at the course
his son was pursuing, the father resolved
that the erring young man should never
scatter his honest earnings to the winds
Accordingly in October, 1892, he conveyed
his entire estate in trust to two intimate
friends in san Francisco, DR.. William
Boercke and Attorney +. ". Carpenter
few days later, however, Wiley APP
pended to the trust deed will, naming
certain relatives, public and private insti-
IL
was to receive annually from the interest
fund, the principal to remain intact for all
time, including in the list his son, Charles
Walter, no was to receive $500 each year
The testator having died February Is,
1893, his will was submitted to probate
that year; in March, 1891, the beneticiaries
received their first payment. Thus far it
L,, ti-a+ ~,
considered himself as little better than
disnherited, prepared to attack the will
and the trustees We're restrained by an in
junction from further payments until the
validity OF the instrument was passed
upon by the courts.
The case was opened year ago in the
superior court and fought on the grounds
of illegality of the trust clause and after a
sharp contest the will was declared in
operative. The trustees than appealed to
the supreme court, which has lately rem
dered a decision sustaining the will. The
fact that the contestant, Charles Walter
Wiley, died a year ago, did not put an
end to the controversy, he having some
time previous to his death decided all his
claim to his fathers estate to woman in
San Francisco.
Following is the substance of the opinion
of the court as printed in the San Fran
cisco Chronicle:
"As to the validity of the trust deed, consid
cred part of the will, ii is to be observed that
a viii or deed, solemnly executed, which dis
poses eff ones property, is not to be lightly dis,
regarded or held for naught; and the main in.
tention of the teetator or grantor must be car
ried out, Notwithstanding IA defect in some par
ticular, where that can he done without the
clear violation OF some principles"
This holds that only those portions OF a
will that are invalid should be declared
void by the court, the other clause being
carried out according to the intentions of
the testator. Besides certain relatives the
will makes provisions for Cherrytield
academy, the First Baptist church, the de-
serving poor, a town library and the
award of medals for scholarship. Includ-
ing these are several requests to friends
and charitable institutions in California