Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-06-12
BILL IN EQUITY.
Hearing in the Gilman HaviIand ct
ais Case Is Opened


A hearing was begun Saturday in
Augusta before Judge William F.
Whltehouse Of the supreme court on
a complicated bill in equity which
promises Ia develop many interesting
features. The principals are Anna X.
tGilman of Brooklyn and Frazier Gil
man OF New York as guardian against
Charles +. Haviland of New York City.
Charles Il. Gilman Belle G. Tufts. j.
A. Stewart, Benjamin +. Towne. Her
bert NJ. Fuller. Dana p Foster Frank
Redington and Sophrna Redington of
Waterville are also involved.
The bill is an amendment to 4 for
mer bill upon which judgment was
given in New York state several years
ago and is traken up by sections from
that time. on Sept %. 1901, Frazier
Gilman of New York was given charge
OF the property owned by Anna *. Gill
man. He accepted the, custody and is
still acting in that capacity.
Mrs. Gilman owned considerable land
on the business street in Watervile and
also 80 acres of wood and timberland in
Oakland and strip of land on the west
side of Charles street in Waterville. In
1883, on an execution secured by Mr..
Haviland against Mrs. Gilman. these
premises We're sold for $780, 1t is alleged
Mr.. Hayiland purchased 10000 worth of
property for that sum
1t is also claimed in the present bill
that during the time all this business
transaction was being made Mrs. Gilman
was unsound mentally and had been so
from youth. 1t is further charged that
Mr.. Haviland knew of her mental condi-
ton and took advantage of it to gain her
property.
After the purchase of the land by Mr..
Haviland the brother, Frazier Gilman.
was assured by Mr.. Haviland, so it is
charged, that he only wished to realize
from the sale of the real estate sufi-
Gent sum to satisfy his Judgment and
other expenses.
On Sept. %. 1883, Mrs. Gilman mort
gagged to the WaterS lille Savings Bank
5000 worth of real ostate and the
rights to redeem 4 part IF the prop
erty which was later sold to Mr.. Havi-
lana. This parcel included the Gil
man homestead at the corner OF Sill
Yer and Charles street in WaterVille
On May %, 1885, an arrangement was
made between the late Reuben Foster
and Hayiland, it is alleged, whereby
the bank foreelosed the mortgage by
ar alleged peaceable entry, giving
Haviland quit claim of the premises.
upon which equity of redemption had
expired. In accordance with this ar
rangement quit claim deed was Civ
en- Dec 8, 1897, excepting such parts
of the property as had been conveyed
to other parties.
Frazier Gilman, when he was ap-
pointed guardian for Mrs. Gilman.
brought the first bill in equity at the
earliest possible date. In January,
1906. he made demand upon HayiI-
land for an accounting of the property
and demanding that lie redeed II, but
this. il is charged. Haviland refused
To do
ON April "a, 1893. Charles Il. Gilman
of WaterVille died and left his estate
TO his widow, Belle Gilman, and SON
Charles Il. Gilman, Mrs. Gilman mar
ried again and is now Belle Gilman
Tufts. In 1896 Haviland sold to various;
people in Waterville portions of the
| property of Anna Gilman. il is alleged
The plaintiffs now pray that the
| sherir's coed to Haviland and all 9th
er deeds and mortgages made by HaY.
Hand be ordered void by the court anC
that records of them be cancelled
Upon opening the hearing today. AT.
torneys Harvey ID. Eaton imme
diately raised the question as I,
whether the title to much OF the prop.
erty before many of the transaction:
mentioned was not in the hands of
brother rather than in the hands q
Anna X. Gilman. and upon this an,
other technicalities there was a pro
1onGed discussion. = : : - -
In view ct tiM) absence af16 S. senate
L ~ III -. Il -