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

Rescript by WisWell, c. J. (No further
opinion.D
This is probate appeal. The appel
ant, James o. Bradbury, one of the ex-
ecutors of the will of the late James
w. Bradbury, presented private claim
against the estate under his charge,
the same being stated in writing, sup
ported by his affidavit, and filed in the
probate court. The claim thus present
ed is stated as follows: James w.
Bradbury to James o. Bradbury. DR..
For time, REIMBURSEMENT of business,
professional services as attorney at law
and personal attention TO the business,
and personal affairs of said James w.
Bradbury rendered the said James w.
Bradbury at lis request. from March
18th, A. d. 1881, TO January 9th, A. ID.
1901, and expenses incurred in so Do
ing payable at the death of the sail
James w. Bradbury, according to tile
mutual agreements by and between the
said James w. Bradbury and said
James .. Bradbury. twenty-five thou
sand dollars" In further specification
of this claim. IL Is averred in the writ
len statement, that this sum became
due the appellant. according to the
mutual agreements by and between
said James W. Bradbury and said
inhis lifetime and said James O. Brad
bury the said
James w. Bradbury having In his life
time promised that said sum OF twen-
ty-nve thousand dollars should be paid
10 said James .. Bradbury at the death
of the said James w. Bradbury In con-
sideration of time. REIMBURSEMENT OF
business. professional services as at
torney at law. and personal attention
10 the business and personal affairs
OF the said james W. bradbury.
rendered and To be rendered said James
W. Bradbury, nj his request. from
March 18th. A. ID. 1891. To January 9Th
A. ID. 1901 and expenses incurred in -
doing" And there Is an avermen-.
that the sol James o. bradbury had
duly performed and carried out his
part Of the aforesaid mutual agree
lnentS.
This claim was disallowed by the
judge Of probate. without hearing. it
is said in argument. and thcreupOn the
appellant brought the case to this court
as the Supreme Court OF Probate. The
appeal being regularly taken and en-
tered in accordance with the require
lnentS of the statutes. At the trial in
the Supreme Court of Probate the pre-
siding justice deemed il proper and eX-
pedient to take the opinion of a jury
upon the question of fact involved, and
accordingly this question was submit :
ted: Did James W. Bradbury in
March, 1891, enter into a contract with
the appellant, James o. Bradbury to
pay him the sum Of twenty-five thou
sand dollars out of his estate at his
Gecease, in consideration that the said
James o. Bradbury would relinquiSh
his own professional engagements, and
answer the call of James w. Bradbury
at any time, and render such personal
and professional services in his affairs
as he might require Of him? Tils
question was answered by the jury in
the affirmative, AMI the case is brought
to the law court upon the motion of the
estate that the verdict be set aside.
The following facts relative to the
situation Of the parties, and in regard
10 the surrounding circumstances, are
either admitted or have been proved:
James w. Bradbury whom, we VIII
hereinafter speak of as Mr.. Bradbury,
died January 9Th, 1901, at the age of
more than ninety-eight years, his nine
ty-eighth birthday having occurred on
June tenth, prior to the date of his
DEATH He was by profession lawyer,
although long ont of active practice.
had occupied a very prominent posi-
tion in the state; having been at one
time n United States Senator from this
state; he was interested IN and con-
nected with several literary and edu-
cational institutions up 10 the time OF
his death. James .. Bradbury, the APP
pellant, was a nephew of Mr.. Bradbury.
He Is a lawyer by profession. was born
in July 1850, and during the period in
yolyed in this controversy lived in Sa-
co. AT the time of Mr.. Bradbury s
death. he had but two surviving de-
scendants. a son. Charles. and grand
daughter Eliza Louisa, the daughter
of q deceased son. Henry w. The case
does not show whether or not Henry
was living at the time of the making
of the alleged contract. in March 1871;
that Henry died prior to October 1881
is shown by a probate account filed by
the executrix of his will at that time.
The inventory OF the estate of Henry
w. Bradbury shows that he left prop
erty of the value of $1S6.615. MIR. Brad
bury's wife's death long preceded that
of her husband, and, although the case
is somewhat indefinite in that respect
we understand that it occurred prior
TO March 1891.
Mr.. Bradbury left an estate, consist
ing Of stocks and bonds which amount
ed, according to the inventory, to about
$4,000, and which was disposed of by
will. BY this will he directed that
whatever remained of his estate, after
making private and public requests
amounting to about $37 900. should be
divided into two equal parts. one par,
being given to trustees for the benefit
his granddaughter, the principal of the
fund to be paid her at different dates
when she arrived at certain ages. and
the other half Of his estate he gave e
trustees for the benefit of his son
charles. during the latter's life. In tbs
event Of the death of Charles without
tssue this half was also TO go 70 m
granddaughter So that under this Wi
the granddaughter took one haif OF IN
estate of the testator. after the pay
,nent of the requests referred TO- an'
.nor n vested remainder in the othe
Axact IN tho life estate OF Cnar