Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-11-13

and as he teStifleS, asked MIN ii ne ilf'u
thought over the matter that they talk
ed of in Portland Il short ime ago. MI.
Chandler said he had. although Mr.. Neal
did no speak of the business as per-
tanning to the will. In the opinion we
have quoted fully from the testimony
of Mr.. Neal, the other witnesses to the
codicil and those present during the
interview of Mr.. Chandler with respect
to making it, but in the space allotted
TO this rcScript, necessarily long, it is
impracticablc to quote il. Suffice il to
say that the testimony of all these wit
nesscs ended to prove that the mind of
Mr., Chandler on this day, although
slow and umuuestionably impaired from
age and probably by the incipient
stages of disease, was nevertheless
working wi 4 an Intelligent and com
Or. hensiye understanding. as to the
subject matter under consideration.
tn, eide e. Il, ;:.!' shows that Mr.
Cha.Ii. + E.;,s 4 a.lr.,t. Deliberate, re-
ticvat Iian W.ih respect to al his bust
ness affairs. He did not discuss them
in the family nor with the neighbors.
He had said nothing about his intend
ed change in his will but the evidence
shows that when Mr.. Neal called upon
him. weeks after this matter had been
discussed in his office in Portland. Mr..
Chandler had been thinking about it,
Without restraint or influence Of any
kind when approached few weeks
later upon the subject he at once COM
pretended what had been said before
in the office and had come to his own
conclusion, absolutely free from any
suggestion in the meantime, to distri-
butte Il portion of his estate mong his
next of kin. Now this silent delibera-
ton of two or three weeks and the de-
termination to which he at once said
he had come, when asked with respect
TO it, to divert a part of his estate to
his relatives. was, in complete har-
mony with the characteristics of Mr..
Chandler and the manner in which we
should expect him to act, if in normal
condition Of mind.
The conclusion to which Mr.. Chandler
came, after deliberating upon the matter
from the time of the interview IN Port
land until the ninth day OF August. in
response to the question as to what he
had made up his mind to do. was 50 apt
~, tersely and naturally expressed. as to
snow Il clear comprehension of the seia-
ton of those whom he was aboR to
make the objects of his bounty: We'll it
is rather natural that should give them
something. is it not, and l think it would
be right" 1t was natural and it was
right. What more could be said? What
more would you expect Solomon II.
lar Of hi.-
as disclosed by the testimony. to saw?
What expression could better describe
the apparent duty of the testator" Fair
ly analysed, this declaration Of his
seems to have comprt hended the whole
situation embraced in the transaction OF
August ninth.
The testator and his brother the father
of the nepheWs. had accumulated and
owned their property jointly, until the
death of the brother Andrew III April
1894. y portion of the joint property
came to Andrew and Solomon Chandler
by inheritance from their father, the
grandfather Of the nephews, who were
made legatccS under SOlOmOnS codicil.
Madam Chandler, his sistcr-!n-law, an
other legdtce, was the widow of his de-
ceased brother Andrew. For him She hal
made Il pleasant home the greater part of
his life, until i'll health had compelled her
to surrender the further discharge Of the
duties which she for So many years, had
cheerfully performed. When this nec"s-
sity required a change of domicile tor Mr..
Chandler. he did not seek the company Of
strangers but made his new abode in the
home of his nephew Andrew. a member
hi,.l,
had been closely identified f ION boyhood.
He entertained pleasant relations with all
of his neph,Iws and had said in his inter-
View in Portland that they were reliable.
likely men. He himself had become old
dccrepit and broken. His body WIS weak
and his mind was falling. lie was uE-
doubleday aware of his condition. From
the activities of a shrewd business life.
with his thoughts and energies cnGrossed
in the details of managing Il large ana
property, he had in obedience t.
the mandate of old age become relieved of
these exactng duties; and his mind.
though impaired, had an opportunity to
reflect upon other matters than the ac-
and management of wealth.
1t is an instinct of old age. when ambi-
ton has laid aside the cares OF life, to
revert to the days of ones youth, to call
up tie memories Of the past. to r"fIcct
lpon family relations and to ponder upon
the duties which these new thoughts
a waken. When Solomon Chambers at
tenticn was called to the fact that he had
entirely overlooked all of his next of kin
in the distribution of his large estate, We
feel convinced that, true to his instinct
he also reflected upon the manner in
w which the basis of his fortune had como
to him; the relations of his brother, his
ncnhews and his sistcr-in-law, and CAV"
expression to that reflection in the
already quoted: well, it is
rather natural that l should give them
is it not, and think i would
be- right
Having now substantially reviewed the
ry .dcncc of all the witnesses who had tn"
of any personal knowledge.
worth noting, with respect to the mental
condition of Mr. Chandler on the ninth
day of August. 1902, We are of the opinion
under the legal principles established by
our court that the testimony reviewed
quite conclusively proves thai he was OF
lisposing mind on that DAY.
But it should Dc remarked thai VIC have
thus far confined ourselves to the test
mony relating to this single day. Now