Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-03-03
The Somerset County Case.


George M. Gray VS.. Angler M. Gray.
Rescript, King, j.:
Real action by a mortgage count
ing on breach of the condition of the
mortage.
May H. 1898, the defendant gave the
mortage in question to his mother and
the plaintiff (who is his brother) to
secure the conditions of his bond that
he would suitably support and main
tain them during their lives and pro-
vide them during their lives and pro-
vide them with clothes, food, drink,
medicine and nursing and all other
things necessary, in his house or in
such suitable house as he might pro-
vide, he to have the benefit of the
plaintiff is the surviving obligee and
MORTGAGE. The mother lived with and
was properly supported by the defen-
dant until her death in 1900. And it is
undisputed that for a period of about
Is years, down to 1911, the defendant
performed the conditions of his bond
respecting the plaintiffs support and
maintenance. furnishing him at all
times a suitable home at his house
and treating him with kindness and
consideration.
It appears, however, that about 1911
the plaintiff left the defendants house
following an outburst of passion and
vicious conduct on his part toward the
defendant, since which time he has
not had home there and the defen-
dant has refused to have him there
because of his unruly and dangerous
conduct. And concerning that con-
duct the learned counsel for the plain
in his brief says: IF the plaintiff UNI
derstood what he was doing and is
and was mentally responsible, so that
he appreciated what the effect and ma
ture of the acts he has performed
were, then no doubt he would forfeit
all right to the support specified in the
bond until he mended his ways
Therein is involved the real issue in
the case whether the plaintiff pos
sessed sufficient intelligence and men,
tai capacity to appreciate the nature
and effect of his improper and vicious
acts towards the defendant, and to
conduct himself in a reasonably prop
err manner.
No suggestion is made that that
question was not clearly presented to
the jury, and it WAS one they were
competent to understand and decide.
They returned q verdict for the de-
PENDANT, showing thereby that they
found from the evidence that the
plaintiff was possessed Of sufficient in
tellieence to know that his conduct
towards the defendant was wrong, and
that he should be held responsible for
it.
The plaintiff was 81 years cid at the
fine of the trial. After he left the
defendants home another brother was
appointed his guardian and brings This
action in the plaintiffs behalf. 1t clear
" appears that--the plaintiff is eeHsid-
erably below the normal person : in
mental capacity, and that his ihtelli-
genee rs much limited But he kneT
hoy to perform common labor, to con-
tract for ard collect his wages, tc
make purchases fol his needs and com
fort, to obtain credit and extensions Of
credit, to discharge his obligations
when due, and to leave his surplus
earnings with his favorite sister for
safe keeping. He testified at the trial
in his own behalf, and certainly the
dictate that he was so deficient in men,
tai capacity and intelligence that he
could not understand the nature and
effect of vicious and threatening con-
duet towards his brother, and appre-
ciate that he ought not so to conduct
himself. It is true that the printed
words of testimony sometimes pro
duce better impression on the read
er's mind of the witness intelligence
and mental capacity than would have
been produced If the reader had OBJ
| served the witness when the testimony
was given. But in this case the jury
had the opportunity of observing the
plaintiff as he testified They had not
only his testimony. but his looks, his
appearance and HIS conduct while tes-
tifying 20 aid them in judging of his
capacity and intelligence.
After an examination and consider
alton of all the evidence the court is
not Of the opinion that the decision OF
the jury in this case is unmistakahly
against the weight Of the evidence and
accordingly the entry will be
Motion overruled