Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-18
THE BRADBURY WILL.
Law Court Hears Arguments Regard.
ing Its Construction.
Hon. Q. D. Baker for Plaintiff, Hon
l. c. Cornish for Defendants.

Arguments have been made before
the law court of Maine in the case of
tharles Bradbury in equity against
Hehry Z. jackson, of Boston, and
others. rms is bill asking for the
construction of the court upon the will
of the Hon. ]. w. Bradbury. late OF
this city. The case came to the Law
court on refute.
Mr.. Bradbury's estate amounted to
$21I ,5oS.23. His will was made and eX-
ecuted october 10, 1898, and a codicil to
1t made and executed June II, 1899. In
the 1rst eight items of his will Senator
Bradbury disposed of $37 900 of his pro-
perty and the remainder, approximate
~ SlSO,0OO, was disposed of by the ninth.
tenth. and eleventh items of this will.
by the terms of which he divided this
s1SO0O0 between his son, Charles Brad
bury and his granddaughter Eliza
Louise Bradbury
The text of the ninth, tenth and
eleventh items of the will. or so much
OF it as relates to the present contro-
versy, is as follows:
Ninth-The residue of my property
that remains after the payment of be-
quests, gifts, debts and expenses pro-
Vided for in the eight preceding sec
lions, is to be divided into two equal
parts by my executors as soon as the
last bequest is paid, and by them
transferred and delivered to the trus-
tees hereinafter named, one-half to the
trustees for Eliza Louise Bradbury and
one half for the trustees of Charles
Bradbury.
'Tenth-I name Henry c. jackson,
my nephew, and Louisa H. Bradbury,
as trustees for Louisa H. Bradbury.
and give to them to hold in trust for
Eliza Louisa Bradbury the half of the
property transferred to them by my
executors. The trustees shall have all
necessary powers in regard to the pre-
SerVatlon of the property, and the in
vestment Of the interest until their
ward is to have it. When said Eliza
Louisa shall reach the age of Il she is
from that time to have annually the
net income of her property, to be paid
to her by her trustees in quarterly pay
ments, unless she shall prefer to leave
it with the trustees to invest for her.
AS she will have from her fathers
estate as much property as she, with
her inexperience, can be likely to man
by direct that the trustees continue
their trust of the principal, until she
shall reach the age of 81, when they
shall transfer to her one-half and
when she reaches the age of SO the
whole of the property, after deducting
all proper charges.
Il make her the said Louisa, my
residuary iegatee; including lapsed be-
o11actc and tba rayarciOnorv or otbar
interests in the property in trust for
my son Charles. All of her share of
the property shall vest in her when she
reaches the age of q, although part
will remain i'll trust. Should she marry
and disease before she attains that age.
leaving issue, such issue shall stand
in her place and inherit the property.
But if she should decease before reach
ing that age leaving no issue, she shall
have the right, after she is u, to dis
pose of one-fourth of all her property,
and her mother shall have one-fourth.
The residue shall be divided into
shares. and paid bv the trustees to a
number of persons named
eleventh. name James Otis Brad
bury, Oscar Holway and Henry C..
Jackson of Boston as trustees for my
son Charles Bradbury, and | give to
them in trust for him the half of my
property to be transferred to them by
my executors
LAS the property is mostly in stocks
paving dividends and a few bonds that
will not soon mature, | direct that the
trustees shall keep an annual income
account and balance the same annually,
and pay the new income thereof tde-
Quoting all charges and expenses to
the said Charles during life.
II wish that he should be paid in
quarterly payments, and if convenient,
monthly He is my son. and L should
prefer to give him the property direct
Nv free from the trust were | not salts
fed it is best for him that l should DO
as I propose am led to fear from the
unfortunate disposition of the property
he has had the control of, that what L
leave for him would also be lost If lett
for his unrestricted control, and old age
might find him in need. Should he lose
his present wife. and marry again and
have issue by such wife. such issue II
alive. shall have the property left for
him. as aforesaid.
SHOULD such wife survive him with
out issue. he has the right to the dispo-
sition of one-half of the block of brick
stores in Augusta, and can make pro-
vision for her
"Should he be very unfortunate ana
there should be any pressing necessity.
said trustees. upon so finding and
certifying, may advance to him from
time to time. not exceeding $4,000 in all.
The questions arising are stated in
the plaintiffs brief to be as follows:
Whether. by the provisions OF
Bald will, said plaintiff takes an abso
Int estate at law or in equity, in one
undivided half part of all the residue
described in items ninth, tenth and
eleventh of said will. both principal and
income subject only toa trust as to the
| income thereof during his life time, as
set forth in items ninth. tenth and
eleventh of said will: or. if neither.
then what estate he takes by said will
| in the principal and income of said
| trust fund?
2-In the event of the death of said
nlaintiff. without will, and without is
sue by his present wife, to whom is it
! the duty of his said trustees to deliver
the principal of said trust fund, in
order 10 finally dispose of the same
under the terms of said will?