The Providence news. (Providence [R.I.]) 1891-1906, 1902-10-27
COURT IS
ASKED TO
CONSTRUE
VIII Of the Late Amsy MoWry
Before the Appellate Division
on Bill Of Executor.

The case OF George f. Martin. executor
sf the last Will OF Amey Mowry, late Of
this city, for an opinion upon the proper
construction OF Mrs. Mowrys viii, was
submitted to the appellate court today.
All persons interested under the Will and
q codicil, except those having contingent
interests, conourred IN stating the case
and are now before the court
Mrs. Mowry died oct. ~, 1900, and her
will was made in 1894. During the inter
vening years she was in poor health
most OF the time and there was con-
adorable OF n diminution OF her estate.
She owned, when she died, an estate on
Washington street assessed at $SoSO' iarm
property in Cranston assessed at 3IooO;
notes against the slater Cotton company
10 the amount OF $1,000; a note against the
Ashland Cotton company to the amount
OF 5000; 220 shares OF the capital stock
of the Ashland Cotton company. par
value $23 600; value at the time OF testa-
trix and present value approximately Slo.-
600; e5 shares of PheniX National Bank
stock present value 5000, all OF this being
specifically mentioned In said Will, except
that the notes against the Slater Cotton
company specified IN the will as amount
ting TO $15,0o0 had been reduced and the
note OF $12, 900 mentioned In said Will had
been from time renewed and reduced TO
5000. She possessed also National bank
stock worth $500.
Mrs. Mowry owed debts as stated by
her trustee and executor the sum OF $500.
In this indebtedness was included the
sum OF $500, the amount OF note held
BY the Phenix National Bank OF Provi-
dence at the time Of the decease OF the
festatrix. which note was signed by Her
bert w. MONTY, endorsed by the tes-
tntrfx and paid By the rseeHter since the
decease OF the testatrix from the income
and assets OF the estate, and also the sum
OF $1l00, the same being years interest
upon the Jewett City note OF Herbert w.
Mowry, which interest has also been paid
by the executor from the same source.
In the brief filed In behalf of Herbert
winsor Mowry and his son. Walter Scott
Mowry, a minor, the sole descendants and
heirs-at-law. II is claimed that the last
named sum of $ll00 at least should not
be included as a debt of the testatrix for
the purpose Of the construction asked Of
the court
Herber. winsor Mcwry had through n
business venture become heavily Indebted
and borrowed So. OF the Jewctt CITY
yavings bank ar1 gave his rromis3ory
note for that sum. lie gave as collateral
s,curty 10 the tsnk 600 shares of the
Slater Cotton company OF P1wtuclet OF
tie par value OF $. 90 a share. There was
and the capital stock was rsducci TWO
thirds. ThereupOn the bank demanded
further security and the tes;atfrS en-
cos sed or guaranteed the payment of the
note.
A codicll to M,s. Mowry viii was
e. ecutsO in 1898 when il is claimed
large Percentage II not all OF ns claims
outside of the claim Of the Jewett city
oank had become outlawed.
The principal question raised IS as TO
the construction OF the codicil which pro,
vided that the trustee named In the VIII
, or his successors should pay Herbert
Winsor Mowry's Indebtedness 10 the bank
. as soon as the shares left with the bank
as collateral security were delivered up.
The question Is divided into the queries
as 10 what the testatrix meant by her
direction. and what is 10 be done with
the security
q II IL claimed that tho executor and
= trustee are entitled TO the Slater Cotton
company stock as part OF Mrs Mowry's 3
estate. and the son OF testatriX claims
the stock as his own. and that the c0dicil
provided for the payment OF his debt
simply.
/. Dexter B. Potter IS counsel for the trus-
iee and Walter $. Reynolds and Clark II.
johnson represents Mr.. Mowry and his
con.