Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-29
Anna K. Gilman, Brooklyn,
Brings Bill IN Equity.
She Asks Thai Certain Deeds
Be Declared Void.
Alleges Fraud In Taking Advantage
of insane Person.

That certain deeds be declared void
is the wish of Anna X. Gilman of
brooklyn, y. Y, who. through her
guardian, Frazier Gilman. has brought
Il n,.l III equity III the supreme court4
OF I>"nnebcc county against Charles
T. l.ali;:nd Of New York, alleging
fra I'd liz l!ic taking advantage of an in
sane person. and asking that the deeds
in question be declared void by the
court ana that an accounting be made
on certain rents etc, on the rea! estate
in question. Associate Justice William
Penn WhitchouSe, has ordered that
Haviland appear before the equity
court, which will be in session here the
first Tuesday in April.
The allegations of the bill make a
story of interest stretching over a pc
Rod of several years. According to the
bill Anna X. Gilman was adjudged in
sane in the supreme court of the state
of New York and that her brother.
Frazier Gilman, was appointed her
guardian. In June, 1903. Frazier Gilman
was appointed her guardian in the
State Of Maine.
The second allegation in the bill is
that in 1889 Anna *. Gilman was the
owner Of certain property in Waterrille
and Oakland. This property is de-
scribcd at some length. 1t is situated
on Main street, Watervilie, and is Oc-
cupied by Stewart Brothers. The other
piece OF property is wood lot in Oak
land and is lot 30 on the estate of the
late Nathaniel Gilman. There is a
third parcel in Waterville which is part
OF the land of the estate of the late
Joanna Gilman.
The bill further states that on Nov.
90, 1889, the premises We're sold upon
an execution issued upon q Judgment
recovered in the superior court of this
county by Charts T. Haviland against
Anna *. Gilman for $1,000. The first
piece of land was sold for $500. the sec
ond for $500 and the third for 1913,
Haviland being the purchaser in every
case. Haviland. says the bill, secured
the judgment Tor legal services alleged
to have been rendered prior to 1888.
and that he brought an action in this
State when he possessed information
secured as a counsellor for the woman.
The bill also declares that there was
sufficient seiZable property in the state
Of New York to satisfy the claim of
HaViland.
The first claim of crookedneSS is that
personal service was ordered by the
superior court of Kcnnebec county and
that no such service was made. New
notice was ordered at the February
and April terms and at the June term
1889 notice was proved upon a service
alleged to have been made upon Anna
Gilman in Brooklyn. An appearance
was entered for the defendant by F. f.
Scuthard upon alleged Geographic au-
thority. At the September term South
ard withdrew. The defendant was de-
faulted and judgment rendered,
The bill then alleges that the prop
erty which Haviand secured so
cheap,y was worth in the neighborhood
Of 900 and that since the making of
the sheriff's deeds Haviland has had
possession of the property and all the
profits attendant to the ownership.
The bill declares that shortly after the
sale Haviland cut wood from the wood
lot that was alone of greater value
than the extent of his judgment.
The bill urges that the woman was
for many years prior to this sale OF
unsound mind and incapable of man
aging her own affairs. The continuous
litigation threw her into a state OF
violent excitement so that she suffered
from the delusion that she was being
hunted by those who would prosecute
ner. Under this delusion she disap-
peared from Brooklyn and that nothing
could be learned of her whereabouts
for several years until she was finally
discovered in an insane asylum in Lon
don, England.
The bill states that Haviland had full
knowledge of this when he brought ac-
ton against her. No guardian ad Item
was appointed to guard her interests.
1t further is clamed that there was no
representative of Anna Gilman at the
sheriffs sale.
The final claim is made that Anna
Gilman mortgaged the third piece of
property to the Waterville Savings
Bank for $4,000 Sept. Is. 1883. Then, says
the bill, Haviland, through an arrange
ment with the president of the bank,
Reuben Foster, the bank foreciosed by
an alleged peaceable entry in the pres
ence of two witnesses. 1t declares that
the arrangement was that the bank
should foreclose for the benefit of HaV-
Hand, give him quit claim deed and
that then Foster should become the
agent of Haviland. sell the land and
receive as his commission a certain in
terest in the land.
The bill then alleges that Frazier Gill
man offered to settle the original juds-
ment with interest and that Haviland
refused.
Charles F. Johnson appears for