Norwich bulletin., 1911-01-31
PUT NAM
Judge HoIcomb, in Case of Heirs of AImira E. Westcott, Finds That They Should Share on a Per Capita Basis-To Nominate County Com missioners Today.

Judge Marcus Holcomb of the supe- rior court has filed his findings in the case of Frank T. Preston executor, vs. Albertus J. Westcott ct al. the action being one in which various heirs of Almira F. Westcott, late of Danielson, sought to have certain obscure and disputed meanings of the intent of paragraphs in her will legally adjust-> ed, the residuary estate involved amounting to s57,73S34. The principal points in question were who the resi- duary heirs were and as to whether it was the intent of the testatrix, Miss Westcott. that they should share on ] per capita or per stirpes basis. Judge Holcomb finds that the intent was to share per capita.
 Counsel in Case.
 The attorneys in the case were Ar thur G. Bill of Danielson, representing tn executor, MT. Preston of Danielson; Harry E. Back, representing a group of heirs composed of Dupert E. Rogers Herbert Rogers and Nellie Pierson; this group through their attorney. rep resenting that the division should be on a per capita basis: Charles F. Searls of Putnam, counsel for Albertus J. Westcott, Esther A. Miner, Myra St Lawrence, Mabel Westcott, Rena Westcott. Edward Carpenter. Howard Miner and Mary Grant, ,residuary heirs. contending that the division should be made per stirres
 Text of tho Finding.
 Judge Holcomb finds that there are 21 residuary heirs. His opinion in sub stance follows:
 With the exception of Edith B. Hill, the testatrfx in the several par agraphs of her will and the codicil thereto, named as legatees all of the above named persons, naming some of them as my cousin or my cousins others as children of my cousins etc., and naming others without specifying any relationship, and in no instance specifying the relationship other than as cousin.
 Specific Request.
 Tt is significant that in the para graph of her will and codicil other than the residuary paragraph, the tes- the first and second cousins named in her will; to first cousins sums vary ing from $10,GOo to s5,0o0: to second cousins sums varying from S10,000 to $500. and to most of them she has in addition thereto given specified artf- cles of personal property.
 Tt seems conclusive to me that in these provisions the testatrix made whatever discrimination she intended to make between her 1egatees, and that she intended the residue of her estate to be equally divided between them,
 
 not per stirpes division"
 Indicate Per Capita Division. Concinuing, Judge Holconb finds that certain paragraphs of the will seem to clearly indicate a per capita division, as it seems unreasonable that she had in mind a per stripes division of her china, brio a brac. books or paintings. which she gives to her first and second female cousins named in inc will The language she uses to ex- press her intention is much more ex- I~plicit in the para graph in which the residuarY estate is given to the first and second cousins named in the will. to be divided equally between them. share and share alike"
 Allowances for counsel fees are also made in Judge Holcomb's finding. K. of c. Have Ladies' Night. Cargill council, No. GA, K. of C., has arranged for a ladies' night on Febru- ary Is. the committee in charge of the arrangements being Thpmas F. Ryan,