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

81 Maine, 449.
In this will Mr.. bradbury uses the fol-
lowing language in regard to a bequest to
this appellant: Fourth, having in pre-
Vinns years given to my nephew. James
Otis Bradbury, some five thousand dollars
instead Of the sum named in my former
will l will now give to him five hun
dred dollars as token of my regard, and
expectation that he will be faithful
adviser and friend of my surviving fam
lily" II codieil dated June II, 1889, this
language is used: LAS the will stands
James Otis will have SEQ dollars in one
item and third of $50 in another and
1 wish that of these amounts he should
hold in trust $50 dollars for each OF his
daughters.
We come now to brief review of the
direct testimony in support of the APP
pellant's claim. His own testimony was
of course excluded by the statute, and
so was that of his wife, who, if the
testimony of another witness is true had
heard Mr.. Bradbury make certain admis-
sions in relation to this subject matter.
The first and most important witness for
the appellant was a Miss Kicker who
lived in the town of Old Orchard, and
WHO Is Il Niece VI lIle appellant Wllc.
Prior to the time of the converse ton with
Mr.. Bradbury, so much relied upon by
the appellant, she had met Mr.. Bradbury.
once while the latter was making n BRIEF
call at his nephew's house at Old Orch
ard She says that on one day about the
middle of November 1885, while she was
spending the day with her aunt, Mrs.
James c. Bradbury, at their home in
SacO, Mr.. Bradbury came there. arriving
on the train, and took dinner with them.
afterwards spending the afternoon with
them. She then testifies as follows:
I'm the late afternoon, Mrs Bradbury
and myself were in the parlor with James
w. Bradbury, and he YVES quite talkativ;,
and he said he was very much pleased
with the house and would like To 20 up
stairs, and we went upstairs with him
and showed him about and aroumi
| the grounds and then we re-
| turned t. the parlor and after
VIC returned there he said he was very
| much pleased with the house and its
furnishings. and with that in view he had
given 5000 and Induced the trustees. Mr..
| TItcomb and Mr.. Iiolway, 10 loan one
| thousand more on a note which he in
tended as time went along he should me II
himself: that he meant the place rs a
home for the family and more pIrticu-
/ larry fer Alma and Eva. the children, in
| the end; hut that did not affect his re-
latiDns with his nephew-he said a.
/ Mrs. Bradbury. my aunt. that lid nor
| affect his relations with her husband
| that he had entered into a contract with
/ James Otis to be at his call and service
a. any time, REIMBURSEMENT Of business
ana professional services as a law
yer and To attend to lis own pr
sonal affairs. and for 50 doing he should
have $500 payable by his estate 1T his
death: and he said that James otis had
| done everything faithfully that ht
| asked him to do ana II" was perfectly
satisfied and hoped tho money would be
of as much service to his phcw as he
| had been to him. And my aunt asked
| Mr.. Bradbury, Mr.. James w. Bradbury
| if he and her husband had any writing
on this contract about this contract and
he said no. the ladies were rather jeal-
Gus at home and that he liked to be able
| to say no; but he said, be turned to ms
and said, / would like this young lady &c
| remember these statements and onVer
sat:on so if the occasion occurs that She
could state them" In response to an in
curry as to whether or not Mr.. Bradbury
lin that conversation said anything re-
specting the plan of James Otis to go q
Boston, she answered: Yes, he spoke
ahout that He said James Otis had
thought of going to Boston, but at his
request he had decided to remain II
Maine, because James w. Bradbury
wished him to remain as long as h'
should live, and be at his service The
appellant, according to the testimony o'
this witness was not present during tins
conversation.
! Another witness, whose testimony is re-
lied upon by the appellant, was FRANK y
| Bradbury, n brother of the appellant
who lives in Limington in York county
This witness testified that his uncle. Mr.
| Bradbury was usually in the habit ol
| making a visit to him, upon the Ole
homestead where he lived, nearly every
year. in the month of September or DC
| tober: that in the fall of 1898, Mr.. Brad
/ bury visited him as usual, and that
while they were driving together con
ycrsat:on occurred which the witness de
scribed as follows: when Mr.. Brad
bury visited us at Limingtor I usually
took him out TO drive; and the afternoon
| took him out to drive on that last visit
| speaking about his age and the liability
! Of his not being with US again, ant
speaking about family affairs and abou
my brother. James Otis Bradbury, ~
called him James Otis. he said that III
had been very valuable to him rs q law
| yer, and that he had entered into a con
tract with him that he should receiV'
from his estate the sum Of $1,000, ant
| spcaking Of other things, rs we were
driving about in the afternoon Upon
Inquiry as 10 whether or not Mr. Brad
bury had said anything about the plan
his brother to go to BOSTON, he answered.
I"ne said that James Otis thought Of go
ing to Boston to open an office there bu
he had remained in Maine because he wa
valuable to him-something of that ma
ture" In response &c further inquiries
this witness testified that Mr. Rradbur.
told him that this contract was mad
sometime in 1891 the witness thought
that Mr. Bradbury volunteered the In
formation that this contract was not j.
writing and further said: Il have goo
Ireasons for having it not in writing.
| Another witness was called whose les
| tip,cpv iS claimed IN he more or less cor