Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-07-31
PORTLAND WINS
VICTORY IN CON-
TEST OVER WILL
Allows Will of Franklin Sim.
mons to Probate in Cum
berland County Court

Portland, Me-. July 30.--Judge Will
lam NJ. Ingraham has allowed the will
of Franklin Simmons admitted to pro-
bate in the Cumberland County pro-
bate court. Decision was filed today
in which the petition for probate, filed
by Augustine Simmons of North An
son is allowed and he and City Solie-
itor Carroll S. Chaplin of this city are
named as administrators.
Briefs were filed July 20. and Judge
Ingraham filed his decree today.
Bonds were fixed in the sum of s110,-
GOO,
Bequest for Portland
This decree gives the City of Port
land a victory in the first preliminary
contest over the will.
BY the last clause of the will the
City of Portland is made residuary
legatee and is also given all of the
statuary now in Simmons studio at
Rome, Italy. large portion of which
is in marble and bronze, representing
the most famous Of the works execut-
ed by the great artist
the will to probate the proponents and
the City of Portland were represented
by City Solicitor Carroll S. Chaplin,
and the contestants-who were the
heirs of Mr.. Simmons-by Hamilton
& Eaton of Boston and Hon. Angus
tus F. Moulton of this city.
Franklin Simmons died at Rome,
Italy, Dec. 6, 1918, leaving an estate
estimated in the vicinity of 100000,
Shortly after his death a will was
discovered among his papers, which
was written entirely in his own hand
writing and known as a Photographic
will. This will was offered for pro-
bate by a petition dated May 90, 1914,
in which petition Hon. Augustine Sim
mons OF North Arson, a cousin of the
sculptor, one of the legatees named in
the will, asked for the appointment
of himself and Carroll c. Chaplin as
administrators with the will annexed
Hearing upon the petition was held
before Judge Ingraham on June so,
and after sharp contest Judge In
graham reserved his decision and no.
titled both sides to file briefs by July
20.
materiality of the absence of the day
of the month from the date Of the
will according to the Italian law, and
both sides produced expert italian
lawyers to testify as to the Italian law
on the point. Judge Frank Severoni of
Boston was called for the proponents
and Vittorio Orlandini, Esq. of Bos-
ton by the contestants.
The Maine statutes provide that a
will executed in a foreign country ac-
cording to the laws thereof may be
admitted to probate here, and the ex-
listing Italian law relating to holo-
graphic wills constituted an import
ant part Of the evidence produced
This case is the most important one
that has come before the probate
court since the Chandler will case,
and the final outcome of the contest
is awaited with keen interest by many
of the citizens of Portland who were
personal friends of the sculptor, who
desire to see his famous works of art
preserved TO the city as he himself
apparently wished.
1t is not definitely known what will
be the next step in the proceedings.
but 1t is probable that the contestants
will appeal from the decision of Judge
lngraham in which case another con-
test will be had before the supreme
court OF probate in October.