Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-11

| fore Judge w. p. Whitehouse at the
June session of the supreme court
which convenes at Augusta. The
| principals in the bill are Anna X. Gil
man OF Brooklyn, by Frazier Gilman,
| New York as guardian. against Charles
r. Havilaud of New York City. The
WaterVille people who are involved are
| Charles b. Gilman, Belle Gilman Tufts,
| Belle Gilman Tufts as guardian of
| Charles Il. Gilman, J. \. Stewart.
benjamin +. Towne. Herbert Nj. Fuller,
Dana +. Foster. Frank Redington and
Sophrina Redington. The counsel for
the plaintiff are Johnson & Perkins
and Butler & Butler The necessary
| legal papers have been served by
Deputy Sheriff Joseph r. Mccarthy OF
| this city.
This bill in equity. is an amendment
| to a former bill upon which Judgment
was given in New York state several
years ago and is taken up by sections
from that time. ON Sept. -, 1901
Frazier Gilman of New York was Civ
en- charge of the property owned by
Anna X. Gilman. He was later given
charge of her Maine property, which
Involved considerable. He accepted
the custody and is still acting in that
capacity. on Nov. 90, 1889 the said
Mrs. Anna X. Gilman was the owner
| of the land now occupied by the de-
stroved Stewart building on Main
street. She also owned so acres Of
wood aud cumberland in Oakland and
n strip of land on the westerly side OF
Charles street from Spring street To
the so-ealled Gilman block. On Nov
%. 1889 on an execution secured by
Charles T. Haviland against Mrs. Anna
IT. Gilman these premises were sold
for a sum amounting To Sl503.09.
A suit was entered in the superior
court OF this county in June 1888 and
personal service ordered hut not made
4 new notice was given at the Febru
airy and April terms in 1889 and again
in June 1889. Notice was proved upon
service alleged to have been made up
on Anna X. Gilman at her home, 265
Clinton street, BROOKLYN, \. Y. f. f.
Southland. who ordered the appearance
of the defendant. Mrs. Anna X. Gill
man. by Geographic authority de-
faulted the case and the property was
sold to Charles T. Haviland at a sher-
ifs sale as there were no opposing
bids. The sale was conducted by
Sheriff j. P. Hill of this city who died
several years ago. Charles T. Havi-
land purchased $4,000 worth of prop
erty for $l575, which included the
costs.
In June. 1855 Charles T. Haviland.
who was adviser of Mrs. Anna X. Gil
man, brought suit against her for legal
services but did not get his money
He then brought suit in Maine using
such information as he had obtained
while he was counsellor for Mrs. Gill
man. There was amples property in
New York to settle the suit without
coming to Maine. Ever since those
dates Charles T. Haviland has had the
lrents and possession of the property
in this city and New York. The sale
of wood on the lot AT Oakland was
alone worth more than the judgment.
1t is claimed in the bill that during
J the time all this business transaction
was being made. Anna X. Gilman was
unsound mentally and had been so
from youth. 1t is further claimed that
that at the time Of the sale she did not
possess sufficient mental ability and
always labored under the impression
that she was being searched for. She
suddenly disappeared and was later
found in an insane hospital in London.
from which she was removed and
brought back to this country.
1t is further claimed that Charles r.
HaViland knew of her insane conditio~
and took every advantage of her men,
tai condition to gain her property and
that no guardian was ever appointed.
ad Item, to guard her interests, but
said Haviland had knowledge in 1889
of her insanity and the withdrawal of
Southland.
After the purchase of the land by
Charles L. Haviland, the brother
Frazier Gilman, was assured by Havi-
| land that he only wished to realize
| from the sale of the real estate a
sufficient sum to satisfy mis- Judgment
and other expenses incurred by care
| of the property, and at any time when
payment was made to him of these
| and the amount paid by him at the
sheriff's sale, he would account for
| the rents and profits from the real
| estate and redeed the property back
| to Anna X. Gilman
The bill goes on to prove that al
| the time of the sale none of the rel
| atives knew that she was in an in
| sane hospital and no attempt was
| ever made to locate her ON account
| of the assurance of Mr.. Haviland.
On Sept. %. 1888, Anna X. Gilman
mortgaged to the Waterville Savings
Bank $4,000 worth of real estate and
| the rights to redeem part of the
property which was later sold to Havi-
| land. This parcel of land included
to Gilman homestead at the corner
| of Silver and Charles streets.
On May 90. 1885 an arrangement was
effected between the late Reuben Fos-
| ter. president of the Waterville Saw
| ing Bank and Hayiland whereby the
bank foreclosed the mortgage by an
| alleged peaceable entry giving Havi-
| land a quick claim of the premises
| upon which equity of redemption had
expired, and that Rueben Foster
should become Havilands agent and
sell the land involved, and to receive
as a commission 9 certain interest
| in the land. In accordance with the
arrangement a quick claim deed was
given on Dec. s. 1897, excepting such
/ mart n tha rronarty bod laa,. 49,,