The Republican journal., 1903-05-07
THE COTTRELL WILL CASE.

hearing was held in the Supreme Court
last week before Judge Peabody on a case
involving the property Of the late George
W. Cottrell. Mr.. Cottrell, who was we'll
to-do shipbuilder in Belfast, died Aug. 81,
1898, leaving widow, Amelia j. Cottrell,
and four sons, George P, Judson E. and
Robert E. of Belfast and Chester w. of
Newburyport A will was filed in the Pro-
bate Court Nov. 8, 1898, giving S. each to
the sons and the remainder of the property
to the widow. George P. and Judson E.
contested the will on the ground of un-
soundness of mind and of undue influence.
Mr. COttrell had met with severe accident
few weeks before his death, The will was
made Sunday afternoon, Aug. 2S, and he
died the following Wednesday. The con-
testants claimed that he did not realize
what he was doing when he signed the will,
and introduced evidence to show that he
had intended for each of the sons to have
certain property which he owned The de-
Tense claimed that the sons had been pro-
vided for during the fathers life time; that
George p. had farm in East Belfast, Jud-
son f. had a store and business, and Chester
W, had been helped by money Robert E.
did not contest the will. The contestants
answered to this that the farm and store
were still part of the estate and were not
and never had been owned by the sons.
The will was approved, and an appeal was
taken to the Supreme Court The court
dismissed the appeal and sustained the will.
The widow was appointed executrix. She
died March Is, 1900, leaving all her property
except nominal bequests, to the son Robert
+. The other three sons contested this will,
bnt it was sustained both by the Probate
Court and by the Supreme Court on appeal.
The matter now comes before the court
ON petition of George P. and Judson f.
for a new trial on the ground of newly dis
covered evidence. The case was ASSIGNED
for Friday forenoon, but Hon. Enoch Fos-
ter and Arthur Littlefeld, Esq, who were
to appear for the petitioners, were carried
by on the train and did not arrive until the
evening train. An evening session was held
at which the evidence was presented. BY
agreement of the parties the testimony was
presented in writing and accepted as testi-
mony on direct examination. The witnesses
were put upon the stand for cross examina-
tion by K. +. DuntOn, who appeared for the
defense. Several of the witnesses at the
former trials testified to some additional
particulars in regard to Mr.. Cottrell's last
illness, his condition at the time the will
Was made, the property it was alleged
the sons had received, statements made by
George W. and Amelia J. Cottrell in rela-
ton to their intentions in disposing of the
properly, etc. AS the present case only has
to do with newly discovered evidence, and
the evidence, both old and new, was pre-
sented to the court in writing, it is impos-
Sible here to give even an abstract of the
testimony.
Saturday morning the court was opened
at O'Clock to hear the arguments of the
counsel Hon. Enoch Foster argued for the
petitioners and K. +. Dunton, Esq, for the
defense. Mr. Dunton, after reviewing the
history of the case, and objectng to a large
part of the new testimony as hearsay, cited
cases in Maine and Massachusetts to show
that the case should not be reopened on
such evidence as was here presented aud
under these conditions. He admitted that
such a case may be reopened on new issue, !
but that such new issue has not been pre-
sented. Judge Foster argued that a new
trial should be granted on cumulative evil
dence, if there is a probability that the new
evidence would change the result. sThe
various points involved in the case We're
explained and commented on by the attor-
neyS in an able manner, and every point
presented by one was skilfully met by his
opponent
The case was submitted to the presiding
justice for determination when he should
have time to examine the evidence, the de-
cision to be rendered as of the last day of
the April term. Either party has the right
to except or appeal from his decision within
60 days of notice thereof.