Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-08-10

nanciul matters. These statements
need not be here quoted, they can be
found i'll 81 Maine, 449, where the will
was construed.
Situated as Mr.. bradbury was in thi;
respect, we can readily see that there
may have been reasons why he should
nave desired to have an arrangeme nj
Of some kind, of Il contractual nature.
with this nephew which would give
linn the right to call upon the latter
whenever he thought that he was in
need Of hifn for any purpose. The fire.
qurnt Visits Of the appellant to his I'M
Gle, coming for that purpose from SaCo
to Augusta, Il distance of nearly eighty
miles, durin" this period of ten years,
and which became much more. frequent
durin.; this sixteen months of the uni
clc's last sickness, are more consistent
with the existence of some arrange
ment Of this nature, than otherwise.
They can hardly be accounted for by
the relations between uncle and ncph-
CIV, ai close ana affectionatc even rs
they We're. The are to some extent
CorroburatIVc of the appellants posi-
ton.
But. however. much Mr.. bradbury
Lmay have desired to have some 1r-
rangemcnt with his nephew which
would give him Il feeling OF independ-
cnce in calling upon him ut any time
to come to him, not perhaps 50 much
for professional advice. ana assistance,
rs to have some one in whose jud.-
ment lc had confidence. for whom he
entertained great affection, and with
whom n" could confide and
confer about his financial and
other affairs, this alone would
not perhaps satisfactorily ac-
count for the making of a contract in
Volvrg the payment Of such large
amount Of money in compensation for
:crl ices Of such a character. We THINK,
! if TINS contract was made, that there
must have been some other motive sui
| ficient To have induced Mr. bradbury
| to hay" entered into it.
The possibility or even probability
| Of the "Tistrnce Of such moiiv" II
| shown by the financial situation of Mr..
| bradbury and of those who would nat 70
| urally be the recipients of his bounty.
| His son. Charles, had already had some
property. He did not propose to lea"c
| the latter any portion of his fortune
| except for life. His granddaughter, il
| her fathers death had occurred prior
to March, 1891. had taken under his will
| one-half of her fathers fortune Of $lS6,
| 400, ana a vested remainder III the Our
| OF halt subject to her mothers life
| estate therein. Mr. Bradbury intended.
| we may assume. since he carried out
| this intention in his will, to give this
| granddaughter one-half Of his estate,
| after the payment of the legacieS re-
| fered To, ana to give her vested fe-
| maindcr In the other half after the
| expiration Of the l;fe estate in that half
given 70 Charles. III the son, Henry,
was living in March. 1891. the situation
Mas not much different, because of IN"
fortune of which he was possessed. I'm
der these circumstances IT is not. we
think, AT MI improbable that Mr. Brad
bury. approaching the financial situ&-
tion of the members Of his Immediate
family. ana havin.; in mind the pro-
| isionS that he intended to make Cor
them, desired also TO make gencr-
lous and substantial gift to this nephew
TNlth whom his relations were 50 OK
tremely cordial ard for whom he evil
IDENTIFY entertained such great affection.
IN this situation he might have very
naturally seen lit to enter into con-
tract which woul.lznot only have the
effect of keeping This nephew within
Inc state at time when he was
contemplating moving out of the State.
according to the testimony Of Miss
Kicker ana the appellants brother as
to declarations made by Mr.. Bradbury
to them, give himself a feeling of indie
pendence in calling him at all times,
and at the same time make an arrange
ment which would cary out this pur-
pose Of making a generous henefaction
to a nephew who had at all time be-,
faithful to him.
The uncle without any consideration
and moved solely by his interest in his