Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1907-10-02
INTERESTING villa CASE.
VIII Admitted to Probate Ten Years
Ago Now Subject Of Contest.

VIII Admitted to Probate Ten Years
Ago Now Subject Of Contest.
An important question il before Judge T..
e. Chase OF the Hancock county probate
court, question which seems to be with
out parallel in Maine. Ten years ago Mrs.
frankie NJ. Jordan, of Orland, wife OF
Andrew J. Jordan, died and left an estate
variously estimated at from 10000 to
100000. The will which was offered for
probate was signed BY four witnesses
Mrs. Lizzie Colt, Mrs Nettie B. Patton,
Mrs. r. Marks and Laurie f. Marks.
1t is now contended by petition to the
probate court that the last two signatures
represent one and the same person, and
further that Laurie r. Marks. benetie-
larry under TIC s.sls, .s tho sal-S pcrscn SIS
Laurie 7. MARKS, one CT the subscribing
witnesses. II il claimed thai = VIII TO Ss
valid under the laws OF Maine cannot he
witnessed by person VINO is beneficiaiiy
interested.
Another claim Of the petitioners is that
the execution OF the will OF frankie NJ.
Jordan was obtained BY fraud, coliusior.
accident or mistake, and that the decree
admitting the instrument to probate was
by fraud. The full story OF the case
follows.
An appeal from the decision Of the pro-
bate court was held Feb. IS, 1898, which
upon petition was withdrawn March /,
1895. The reason for the withdrawal Of
the appeal is not shown by the records,
but it was brought out in evidence ct re-
cent hearing that several OF the heirs not
named in the will had been settled with.
and that all the requests under the will
had been paid. The records OF the probate
court do not show that an inventory has
been returned, or that any account has
been filed or settled.
Mrs. frankie NJ. Jordan, OF Orland, died
Dec. Z, 1897, leaving . will, which was
proved and allowed at probate court at
Bucksport, Feb. !, 1898, and upon which
letters testamentary were issued to An
drew J. Jordan, of Orland, husband of
the deceased, named as executor, no bond
being required under the terms OF the
will
After the withdrawal OF the appeal, all
went well until after the death Of Andrew
J. Jordan, the executor and principal
beneficiary under the will in question.
Andrew j.. Jordan, the executor, died
Jan. 8, 1907, leaving a will which was
offered for probate Jan. Is, 1907, and was
proved and allowed at term held at Ellis
worth. March S, 1907, and upon which
letters testamentary were issued to the
Merrill Trust Co., OF Bangor, they being
excused from giving bonds under the
terms OF the will.
Feb. 5, 1907, ct q term of the probate
court held Al Bucksport, a petition for adj
ministration upon the estate OF frankie
M. Jordan, asking for the appointment of
J. Fred Partridge, of Orland, was flied by
Arthur Z. Partridge, of Eden, an heir.
Public notice was ordered ON the petition
and upon the return day, March S, 1907, as
appears by the records, o. P. Cunning
ham, OF Bucksport, and +. Fl. Appleton,
OF Bangor. representing Fred d. Jordan,
special administrator OF the estate OF An
drew J. Jordan, Merrill Trust Co., execu-
tors of the will OF Andrew }. Jordan, and
Luke Saunders, one of the next of kin Of
frankie NJ. Jordan, appeared IN opposi-
ton to the granting of the petition.
A petition was filed at the April term,
1907, by the representatives OF the estate
tition for administration referred to above
on the estate of frankie NJ. Jordan, be
dismissed. No actioa has thus FAR been
taken upon the petitions.
On June 4sla0T, petition WAS flied by
Hattie NJ. Hartford, of Rochester, N. H.,
praying that the decree OF the probate
court, entered Feb. /, 1895, allowing a GER
tain instrument, as the last will and tesla
ment Of frankie NJ. Jordan deceased, be
vacated, disallowed and rejected, and a
decree entered annuiiing said decree, and
that it be decreed that frankie NJ. Jordan
died intestate. Public notice was ordered
on this petition, returnable at the July
term following. On account OF July term
being held IN Bluehili a continuance was
asked for and granted. On Aug. 8, 1897,
an informal hearing upon this last petit
ton was held before Judge Chase at
Ellsworth. 0. f. Fellows, of Bangor, APP
peared for the petition and o. p. Gun
ningham, OF Bucksport. for the opposition.
Judge Chase has not yet entered his de-
cree upon this last petition. Should his
finding be that the will Was illegal, an ex-
ceedingiy interesting situation would be
created, especially as relating to titles to
real estate given by the executors of the
wills.