The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1899-10-19


to your Honor
Ist. That said Hann<h II. NOVEL; died A.
SAID canaan on the tenth day Of April A. =.
1899, leaving her last will and testament
made, published and declared by her on the
18th day Of March A u. 1894, also codiciI
10 same annexed thereto made, published and
declared BY her N the latin day Of April A.
D. 1898, which aiil and codicil thereto was
duly proved, approved and allowed by the
Probate Court Of said County If Somerset, on
the second Tuesday II May 4. y. 1899, and
said /. 4. Barrett vas then and there an
pointed executor thereof and thereafter re
turned Inventory u the estate and Accent
ed the trust provided in sal will and codic1
and was duly appointed trustee under SAID
will by Probate Cur in sad County on the
second lue9!ay d August A. y. 1890
End. That sad will and codicii provides
first as follows /, the said Hannah II.
NOVEL; do give, beilcath and devise 10 my
said executor I. Z. barrett the sum of nine
hundred dollars after the payment II debxs
and expenditures provided BY the second
clause Of said will, but nevertheless u hold
in trust for the following purposes mentioned
and SET forth in the third clause Il said yslH
to wit, four hundred and Ifty dollars Of said
sum to be paid 10 my grandson William
Briggs wilkins when he shall arrive al the
$3.50 to my grand daughter Alice May VII
kins, when she shall have arrived at the age
Of twenty-One years and il IS my desire that
during the minority Of sad William and AlIcz
they shall receive from said fund Of nine hun
dred dollars such sums Of money as my said
executor IN his Judgment and discretion may
see ut to pay them, reposlng confidence IN
my said executor that he will pay over 70 said
William and Alice only such amounts a.
their circumstances may require having
specially in view their education.
3rd. The second clause in said will does
not provide nor is there IN any part Of said
will any provision made for the payment Of
costs Of administration Of estate or Of trusc
fund.
4th. said will after providing legacies to
divers persons for purposes therein stated,
amounting all to s555 and few specific
legacies, the rights Of parties under which
are not likely to be affected by these pro-
ceedngs said will provides as follows:
Eleventh, All the rest and residue Of my
estate whether real, personal or mixed wher-
ever found and however situated, | desire my
said Executor shall convert into current
money and divide into three equal parts
/ which parts desire shall be given to heirz
Of my said husbands brothers and sisters,
viz, simon, John and Polly, the heirs Of each
receiving one Of said parts.
5th. Said 7. B. Barrett, your orator.
humbly shows your Honors that he is inform
ed and believes that said Hannah II. NOVEL;
never had any child and that said William
Briggs wilkins and his sister Alice May VIII
klns designated in said will as grandchildren
Of said Hannah H. NOVEL; are not her grand
children in fact, unless they may be such by
adoption Of their mother and are not her
relatives but the only surviving grand
children and sole heirs Of said Polly the
sister Of William Novel; her deceased hus-
band. That though II IS claimed that their
mother Esther Fish, daughter Of said Polly
and her husband Thomas Fish late Of said
/ airheld, deceased, was adopted in her in
! fancy by said Hannah II. NOVEL; and her
! husband William NOVEL; with consent of Ter
parents the said Thomas and Polly Fish by
Act of legislature, thereby making said
William and Alice grandchildren to testatrn
| by adoption Of their mother, vet your orator,
having made thorough search and investigs-
ton both OF Acts Of Legislature and records
of adoption by cur Probate Court, and failed
to find any adoption, II is claimed by him
that there never was any such adoption to
change rights Of inheritance.
9th. And your orator complaining humbly
shows your Honors that he is informed and
believes that said William Briggs wilkins
started for the gold helds of Alaska and was
last heard from by letter TO his father from
Seattle on the 25rd day Of Nav A. d. 1893,
his destination then being so miles up the
| Neuse river and his boat was wrecked about
80 miles up said river and he was | fear kill
ed there in the month of July A. D. 1898.
9TH. That the surviving heirs of said
Simon Novel; under said resduary clause of
said will, Frank Z. Novel;, Mrs. Ella
NOVEL; Kelley, Mrs Mary Eta Pease, Mrs.
Georgiana NOVEL; Boynton and William S.
NOVEL;, and that the sole surviving heirs Of
will are Miss Barrie NOVEL; and Miss Bertha
+. NOVEL; and are made parties to this Bill
and their names and places OF abode are
therein above stated.
Wherefore your orator asks for construc-
ton of that portion of the will and testament
and codicil thereto of said Hannah II.
NOVEL; heretofore recited and that your
Honors will direct out Of what fund the cost
of administration OF estate and trust fund
shall be paid and the order of such payment
and to direct and order distribution of said
estate among the benehciaries therein named
in accordance with said will and codicil as
construed by your Honors and the rights of
the parties claiming under the same as may
appear from the evidence given YOU.
And your orator prays that he may be
! given such other and further relief and such
other and further orders may be made in the
premises as your Honors may deem right and
| necessary.
A true copy Of order with abstract OF bill.
Attest: y W. BEAtsERD, Clerk.
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