The news-democrat. (Providence, R.I.) 1906-1909, 1907-11-13
bAJkOTT| WILL
HAVE CHANCE
To ANSWER

There have been some interesting COM
plications arisen concerning the viii o,
the late Carrie NJ Bajnotti Rush C..
Hawkins, representing certain parties in
interest. brought a bill in equity IN the
superior court for construction OF Mrs
Batnottis will. There are marriage set
Elements to be considered The case was
sent 10 the supreme court as ready an
enal decree on such instructions as the
court might see az 20 give.
Archibald &. Matteson. counsel for Anna
A c. Brown, raised the question IT
whether there had ever been probate
OF the will Of Mrs Bajnotti The bill
nled by tho executor describes her "as
late OF VolVera. Italy" Mr. Natteson
said IL appeared sho was an Italian wo-
man and quered as 10 whether admiss
traitors on her estate should not have been
taken out in italy instead OF In this state.
The following reScript was handed down
by the supreme court today:
We ind az the beginning very Sc
riouS obstacle 10 our present COnsidera-
ton OF the questions proposed In this case
The construction OF the marriage settle
ment and OF the So-callcd Will Is mat
ter In which Mr. Bajnotu would seem
TO be directly interested IL is said that
the win has been proved In the town OF
Warwick and that Mr. Batnotti refused
the appointment OF executor and consent
ed that administration should be had I'm
this state. We are not satisfied with the
proof of these allegations We find In
the record mo certificate from the probate
court 0g the probate OF the will and ny
citation OF the Office OF executor or OF his
lytghts N the premises. The complainant
relies upon the decree taken pro confeSso
against Mr. Bajnottt instead OF present
ing full proof This decree seems 70 US
20 have been entered with undue haste
in a case Involving such important inter
ests The subpoena 70 Mr. Bajnotgi was
issued Feb. u. iso5. returuable March ..
1897 and was served upon him In Eng
land BY reading the same 20 him Feb. %.
lGj lt was not accompanied with a copy
og the bill which he was required 20 an
Swer or oy any information beyond what
could DC derived from a statement OF the
capacities in which the complainant sued
"A copy OF the Subpoena itself does not
appear 20 have been left with him. The
lnsuniciency OF such notice fairly 20 ac-
quaint knls respondent with the nature Of
the proceedings is too obvious for argu-
paent. and Is StriNiugiy shown BY the tele-
gram which he sent TO the court. as fol-
lows; Liverpool. March 4 1907. Chief
Clerk Superior Court. Providence Finder
signed notified verbally week ago 20 ap-
pear today before superior court coucere-
ing bill Of complaint Hawkins ~ Raj-
nottL Begs respectfully inform court i'm
possibility appearing such short delay.
Undersigned ignores (Le., is ignorant OF,
tenor OF complaint
I'm this state OF the record We DO not
consider the case as ready for fual decree
We will therefore remand Il 20 the Su-
perior court with directions 20 vacate the
decree pro conteSso against Mr.. Bajnotti.
and 10 cause him 20 be served with a copy
OF the bill and 20 De given a reasorable
time 20 appear and answer II he desires
and for further proceedings.
Mr.. Satnotu has given two very beau
tiful memorials OF hts wife 60 the city
OF Providence They are the Carrie tower
az Brown university and the fountain in
City Hall park