Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-02-04
PECULIAR LEGAL POINTS
Raised in Bill in Equity Involving the
Tibbetts Estate.

Some peculiar legal points are raised
in the bill in equity which c. L. An.
drews Of this city filed Thursday with
Clerk of Courts c. w. Jones asking for
the Interpretation Of the will of the late
Dr. BENJAMIN L. Tibbetts of Vassal-
boro. at one time one of the leading
medical practitioners OF kennebec
county, and who died Is years ago.
The will, after making many be-
quests, left the residue OF his prop
erty to his brother, Samuel f. lib
belts of Biddeford and his SITTER Abbie
\. Wedgwood of Effingham, \. H.. for
their use as long as they lived with
his provision according to the Ian
guage of the will: AT their decease |
give and bequeath the principle there
If to such educational institutions as
they may designate" The question
now arises whether a town on one
hand or a society for the distribution
IF religious literature on the other
hand are educational institutions with
in the meaning of the law.
The original estate of Dr. Tibbetts
was valued at about $4,000, and since
he death of DIR. Tibbetts it has been
involved during the geater part of the
ime in some one phase or another of
litigation. This bill in equity is
probably the closing chapter in the
history of the legal troubles surround
ing the estate. Samuel F. Tibbetts
md Abbie A. Wedgwood are bene-
iciaries under the will of Dr. Tibbetts
already mentioned each received from
he estate the sum of $1,000. Samuel
-.;x I, Sc
will he designated as the institution to
nave the principle according to the
erms of the will the Tibbetts Educa-
ional Society, a corporation organized
n Biddeford to distribute Sunday
;chool literature among the children of
he city. Abbe Wedgwood died in
March of last year and in her will
designated the town of Effingham to
eceive her part OF the principle for
he benefit of the school districts of
hat town.
c. l.. Andrews of this city about
light years ago was appointed admin
strator with the will annexed of the
state of the late DR.. Tibbetts for the
purpose of settling up the business of
he estate and it is in this capacity
hat he files the bill in equity He
llleges in the bill in equity that neith-
+ the Tibbetts Educational Society
Tor the town OF Effingham are such in
ititutions as DR.. Tibbetts intended in
lis will and he asks the court to inter-
ret the terms of the will and say
whether they are or not He also
SKIS that if they are not so held the
curt will order the fund thus disposed
II by the late Samuel +. Tibbetts and
he late Abbie A. Wedgwood to be
fiven to such educational institutions
s the court may see fit to name or to
he heirs of the late Dr. Tibbetts. if
he bequeSt is considered void
Eight parties are named in the bill in
guilty as interested in the proceed
ngs, as follows: William H. Tibbetts
# Biddeford. executor of the will of
'amuel Tibbetts; Tibbetts Educational
'oclety of Biddoford; Sarah Tibbctts
1 Blddeford, widow of the late Samuel
Nlbbetts; Saco e Biddeford Savings
Institution, in which a portion of the
und is deposited: +. w. Barker of
bingham, y. H.. executor of the will
u tn" late Abbie A. Wedgwood; the
inhabitants Of the Town of Effingham
he Augusta Trust Co. and the Kenne-
'ec Savings Bank. in which institu-
IONS a portion of the principle held by
ne tate Abbie a. Wedgwood is de-
posted.
Inc matter is still more complicated
rom the fact that the heirs to the
s'd'e VINO VIII become beneficiaries
'nder the disputed provision of the
VIII II the bequest is nsidered void
IRE the children of the late Samuel f.
rlbbetts and the late Abbie A.
Hollywood whose designation of the
ribbetts Educational Society and the
roWn Of Etfingham as educational in
'ttullohs gave rise to the bill in equity
ust filed by Attorney Andrews.