Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-10
Supreme Court Asked to
Interpret It's Terms.
ReadfieId Woman Leaves hoa-
ey to Methodist Church.
Is There . Methodist Church aiI
Readfeid eepof7

| A bin in equity was filed with Clerk
! Of Courts c. w Jones Saturday, ask
ing the supreme court 10 interpret the
terms Of the viii Of Sarah b Smith.
late of Readfield, who left certain
property in Hallowell, the proceeds of
which We're TO be used for the build Nc
Of a Methodist church at Readfield
Depot and for the aid OF the support
of preaching at said church. The bill
is brought by William II, Whittier Of
Readfeld as trustee under the will,
and is the outcome of proceedings
brought before Judge Cook of the Ken
nebec county probate court in March
for the removal Of Mr.. Whittier as
trustee on the ground that he had un-
reasonably refused TO carry out the re-
qurements OF the will and had never
taken steps towards building the
church. Ii was agreed at the hearing
before the probate court that the will
should be referred TO supreme court
| for an Interpretation of its terms,
which was done.
! The petition to the supreme coure
sets forth the following facts;
That said testatrix at the time of
her death was a resident of Readfleid
| Depot in said town Of Readfield; that
at her deceaSe she was the owner OF
certain real and personal estate, ana
disposed Of the same by will dated the
Sth day Of April, 1901, that SAID tesla
trix died at said Readfield on the 12tn
day Of November. 1902, and that hef
said Will was duly approved by the
probate court of kennebec county haV-
ing Jurisdiction.
That after the death of said tesla
trix. Nelson D. Gordon Of said Read
field was duly appointed by said pro-
| hate court trustee under said will, and
especially under the second, thlrd ana
fifth items thereof; that said GORDON
died without carrying out all the pro-
visions Of his trust and that your pc
titioner was duly appointed by sara
probate court. trustee under SAID VIII
in place Of said Gordon, Nov 70, 1906
| That the property described in the
second and third items OF SAID Will
has been sold and proceeds thereof
Together with whatever increment
thereon has resulted. has been deposit
ed in.the Hallowen Savings institution
| and the Augusta Savings Bank; that
your petitioner has received the sum
Of S102934 from the estate OF SAD
| Gordon. being the trust fund In ms
hands at the time Of his deceaSe. and
has also received $500 from A. c. Har-
rington III payment Of note secured by
mort gage which was given at the time
The store in HalloweH. mentioned IN
the third paragraph Of said will was
sold
| Your petitioner further AYERS that
! at the date of said will and at the
dacaase nf said testatrix there was no
"M4thodist church" at said Readneld
Depot. and no organization Whatever
| Of the Methodist faith or denomlna-
| ton located at said depot, nor Is Ilsl
| now any such church or organizalloil
of the Methodist faith so located III
there were at said dates ana are no"
within said town of Readheid tiree
senarate and independent orsahlzal lol's
nj the Methodist faith, each haNllS
| church or place Of worship, located a.
follows: One at kents Hlil' 50 calleu'
one at Readfield Corner, 50 called am
one at East Readfield. 50 calied' tiia !.
| aach If caid churches is distant seNerai
miles from Readfield Depot and Is 10
cate5 in a distinct and separate VAL
1ape therefrom. and that the Only
church Or engious organization eN-
STING at the several dates AFORESAID
n paadfe1d Depot and having place
of worship there was not OF Inc sari
Ma,hodist faith or controlled by an or
eanization of said Methodist 1allh oi
/ any Methodist government:
| Wherefore the petitioner prays;
THAT the court viii construe and m
tarpret the provisions Of the VIII anu
particularly determine
First What disposition said PEN
rioner shall make Of the funds, whlch
he has received and holds under lhe
nro,-isions Of the second paragraph ol
said will,
| second. What disposition said petl-
toner shall make Of the income OF lile
fund. which he has received ana hoios
under the provisions of the third sec
ton Of said will.
And that the petitioner may nave
such other and further relief as. the
nature Of the case may require
And may it please this honorable
court 10 issue its subpoena to the frus-
tees Of the Methodist church at Kent $
Hill in said Readfeld, and to give suca
other notice of the bill Of the COM
plaint as may be deemed proper com
manding ali parties interested to ap-
pear before this court to answer TO
this bill Of complaint at the July rules
following and abide the orders ana
DEGREES thereon.
The hearing is ordered for July at
10 A. NJ. before Judge Whitehouse al
the Court house at Augusta