Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-09-24

! the deceased wished it to be clearly
understood that she intended to leave
out the name of her son, Horace N.Y.
rick. The contention is that when the
wills were made Mrs, Buffers was OF
unsound mind and that undue infiu-
ence was brought to bear.
The three persons who witnessed the
will and the nurse who took care of
Mrs. Buffers during her illness testi-
fled this morning that in their opinion
she was of sound mind and capable
of doing business. ]. w. Manson of
Pittsfie1d appeared and identified the
will as that which he drew UP in Burn
ham year ago last June. The propo-
nent's case was heard this morning,
the evidence being all in at noon. The
plaintiff was heard during the after
| noon session. The decree of the pros
bate court was affirmed. "a
The jury in the Heal VS.. Hoyte case
this morning reported a, verdict of
$153.43 for the plaintiff. The suit was
| brought by Amasa S. Heal, a monu-
mental worker of this city, against
Mrs. Lena Philbrook Hoyte, for the
payment of a set of tomb stones. She
rejected them and refused to pay,
claiming that they were not UP to the
verbal contract. A. s. Littlefeld; Dun
ton & Morse.
The case of Hartman VS.. Hartman,
involving the estate of the late Sarah
Hartman of Stockton Springs. brought
by Charles +. Hartman for loans
made her during her lifetime. amount
ing to $1S6645, was continued. Beaton,
A. S. Littlefield: Dunton & Morse.
The case of Luce VS.. Carleton was
| non-suited. This Was an action of trov-
er, the property in question being a
promissary note amounting to $500
posted by Prince e. Luce as collateral
| for loan of $3.50 by Guy Carleton,
cashier of the Megunticook National
Bank of Camden. The loan was paid by
| another, who took the note and paid
| Luce 500. Richie: Robinson.
Shibles VS.. Walker, an action of ac-
count annexed was continued with
| leave to amend. f. F. Littlefield; Dun~
ton g., Morse, 5,,f ...r
The grand jury, is still in session
and the end Us not yet in sight.
| Among the casest marked for trial
this term is that Of James E. Cunning
ham VS. 1nhabitants of Frankfort to
| recover damages for injury received
by the plaintiff by being thrown from
his carriage while driving on the
highway in Frankfort. 1t is alleged in
the writ that said plaintiff was driving
along the highway when his carriage
was cverthrown by striking rock Is
i inches trick which had been left in
the middle of the road. Plaintiff, was
thrown out and badly cut on the head
and enc leg broken in two places. He
seeks to recover $4,000 damages. He
alleges that he has not recovered and
will never fully recover from the eff
fects of the accident. This case was
| entered and tried at the September
term, 1907. when the jury rendered a
verdict for the plaintiff for $1,000. A
motion for new trial was filed and
/ Thompson and Brown appear for thu,
plaintiff and Dunton e. Morse for the
defence. The case is assigned for trial
Friday.
| another case marked for trial Sat-
iIrday is that of Sarah l.. Stevens VS..
Wilbert A. Stevens. This was tried by
jury in January, 1909, and a verdict
rendered for the plaintiff for $67. A
motion for a new trial was filed. The
action involves an account amounting
to $500. Ritchie; Rowden.
A divorce was granted yesterday to
Mary e. White from Charles Edward
White, both of Belfast. for extreme
cruelty. The care and custody of the
minor child, Harry L. White, given to
the mother