Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
LITIGATION.
Contest Over Chandler
Will at Portland.
Matters Relative to Board Of
Foreign Missions.
Judge Peabody OverruIes the Dis.
missed Appeal.

preliminary To the renewal of the bat
| tie over the SSOo.oc0 estate of the late
solomon II. Chandler of New G!ouces-
tcr, occurred in the supreme court
| room, Tue sdty noon. after the making
up of the trial docket
There ale two actions entered by the
American Board OF Foreign Missions,
both of them appeals from the decision
| OF Judge Mattocks of The probate court,
which sustained the 1907 Codicil to NJ.
| Chambers will. Foriner wills had be-
| queatl.cd his entire estate to foreign
missions: the codicil, the last document
| of a tcstamentary character executed
| by him, gave half the estate to his
sister-in-la and the remainder to the
| American Board.
Both appeals are entered in the name
OF the treasul er Of the American Board,
which fact became the subject of con-
| tention in Tuesdays preliminary at
| tack. The attorneys in the case are
Seth l.. Larrabee and F. V Matthews
| of Portland and S. 4. Darling of Bos-
! ton. for the American Board: eX-GOv.
Cleuves and 5. c. Perry for the heirs
| at-laW.
After the last assignment of the new
| entries had been made Mr.. Larrabee
asked the court if TIE trial WAS COM
plcte so far as continued and new en-
| tries went. Judge Peabody replied
that al the cases had been assigned or
disposed Of. Mr.. Larrabee then said
he would like to have an early assign
merit of the two cases relating to the
| Chandler estate.
Gov. CleaVes said ne desired the court
to satisfy itself as to jurisdiction befora
the assignment is made. The appeals
from the decision OF the judge of pro-
bate have. according to the court re-
cords. been entered by the treasurer of
the American Board, but the records
| fail 10 show by what authority he acts
| in such q capacity. The request for
an assignment on the trial list was pre-
mature and unusual. being presented
on the opening day OF the term. Coun-
eel foi the heirs at law did not desire
20 appear as directly raising question
Of jurisdiction. but did desire that the
records he made to show whence comes
the treasurer's authority to take the
appeal.
Mr.. Larrabee-The appellants want
an early trial and an early disposition
Of the case We offer no dilatory mo-
tions. We desire that the cases be
heard in regular ord"r. as provided BY
the statutes % the State. and we hold
that it is in regular orGcr to call them
Jp and request IN assignment after
the other docket entries have been
made. If TIE petitioners have any 90
jeCtiOns or motions to offer, and will
present them to the court in writing.
ana i time for a hearing be assigned,
we will be Oh hand to answer suc,.
objections or motions. We are not
aware Of any motion being before the
court. If not. the appellants respect
fully ask cr An assignment of boti:
cases.
Governor Cleaves-Your homer. We
arr asking no delay. only that the,
shall proceed III or1er, and according
% the rules Of the court. We are
pleased to learn that counsel for once
desires haste. We also iesre haste.
Tie question we have raised is vital
The most the court can do. today. is
80 mark the eases Cor trial: it canno,
assign tn day men they shall be
trial, until the question of jurisdiction,
appears b, the rec nd
Judge Peabody-Tnis is the first dav
ri tie term, and it is impossible for
the court to proc cd until il first con-
sjders the preliminary question raised
We may then n able to dispose Of the
Csc ut an early day. Tho court Wuull
suggest that we consider tomorrow.
the Question ot irreEularity. Then til.
case can be intelligently assigned.
90 .ernor Cieaves-I hope there are
| II" Irregularities. Tho counsel on th,,
other sile can. doubtless. furnish Tho
Information desired. We simply wan
the record of authority of the treas.
urer before we proca d.
Mr.. arrabee-There is no motion before
the court. as ! understand il. IF they do
! sire to raise objection to jurisdiction We
prefer that it be by written motion. not
by insinuation or suggestion. How can
the question be raised if moi by motion ?
Inc Court-lt Is proper for counse; to
! call the colrt's attention to any SIM
! posed irreguIarity
Governor Cleaves-Presicely I simply
called the courts attention TO an on,is
sion in the record
Inc CORTLAND il the omission is not
supplied you ask that the appeal be dis !
| missed?
Governor Cleaves-Yes. your honor.
HV Nourt-Iomorrow will be the reg
uidr day for consideration of the new
'aSes, The matter will be heard then
Mr' l-arrabee-Do l understand that we
- 10 meet some motion here tomorrow? |
"e 'ourt-ies. at 10 O'Clock
nosernor Cleaves-I have not said we
AZ NE motion. We may not
III Larrabee-But We would very much !
NEE, 70 Know what We are expected to
will rnrniI Cleaves-If | file a motion
So ituhr UT you with a copy.
/ nesday went over untii
over ,ha oa,,lng. after lengthy arguments
The a n me ,aaieged defect in the appeal. Of
ruled the dismiss issd aI Judge Peabody over,
viii er, s noo'be sstaons and further argument
I. this term Is peiore the question Of trial at