New Britain herald., 1916-06-20
MAY CONTEST WILL
 0F FRANK 5. NEAL
Disappointed Cousins Ask Probate
 Court to Adjourn Hearing
RETAIN LAWYER MCD0N0UGH
Favored Relatives Ready To Go On With Hearing This Morning-Broad
 Street Property Owners Object To New Highway Iines-Other Items.

i SIceC fTOpcTGy oWneTS oUJccC 10 l New Highway Iines-Other Items. Intimating that they propose to 1 contest the validity of the will of
 Judge Frank s. Neal, Albert Bradley
 and Henry Neal of New Britain, first 1 cousins of the testator, appeared be- fore Judge George R. Byington this
 morning and asked for a postpone ment of the hearing concerning the admission of the document which was set for 10 o'clock today. That asked to have consideration of the will put
 off until July when their Attorney
 P. F. McDonough of New Britain could be present to represent them. Several of Judge Meals heirs were in court this morning but Judge By ington decided against having the hearing at that time in view of the opposition presented by the disap- pointed cousins.
 Objection was raised to adjourning to July 5 because of the fact that A. H. Condell, who represented the Plainvllle Trust company in present. ing the application for the admission of the will, has arranged to leave town
 for his annual vacation about July 1. He wanted the hearing held before that date
 Attorney McDonough was in New Haven for the annual Yale-Harvard baseball game and could not be lOcat- ed. Judge Byington adjourned the hearing indefinitely, advising the par ties interested that he will set date after conferring with the lawyer for the contestants.
 I-i~ first cousins, most of whom he re- membered with substantial inher- itances. It is not known on what
 grounds MT. Neal and MT. Bradley propose to contest the admission of the will. In fact they did not give mo- tice of their intention to protest, al- though it is, the belief that they will ask to have the document declared null.
 MT. CondeU was present when Judge Neal signed the will and he is ex- pected to be one of the principal wit nessess in case it's validity is disputed The Episcopal and Catholic churches of Plainville, the Plainville Cemetery association and the Masonic Charities foundation are among the beneficiaries under the will.
 Property Owners Object Owing to the absence of Charles H. Calor and the development of oppo- sition to the acceptance of the high way layout on Broad street, the board of selectmen last evening adjourned until next Monday night the hearing on the new maps prepared by En- gineer Joseph N McKernan, for Broad, Bohemia and North Washing ton streets and Forestville avenue.
 
 to learn what course the selectmen
 propose to follow, and several of those owning places, on Broad street,
 particularly on the eastern end voiced
 their disapproval of the boundary lines shown by the survey, arguing
 against their acceptance because they
 are to lose land which fences and
 other marks indicated belonged to them.
 While 1t has been said the people
 on some of the other streets were not
 satisfied with the layouts they were
 not present to offer any objection last
 evening and it is probable that the
 selectmen will accept them Ut their next session.
 Engineer McKernan explained that in making the survey he was simply
 acting on the measuremen ents made In
 1879 and that the maps showed prac-
 tical1y relocation of lost lines rather
 than the establishment of new ones.
 Consequently the property owners in
 stead of sacrificing any of their own
 land for highway purposes are simply surrendering that which never be-
 longed to them, although occasion for
 disputing title has never arisen.
 On the eastern end of Broad street,
 he o1S ci mn ter of the highway, which should be
 sixty-six feet wide, and the new maps give the boundaries As a re-
 suit from three to four feet are to be
 taken off the land which some of the
 property owners have used as lawns
 and shade trees which some believed
 were located on their own property are
 in reality on the highway. Property owners objected mostly on the grounds that they might lose the benefits of the trees although the sc- 1ectmen claim that they have no in tention of cutting them down. Even in case permanent sidewalks were laid, they believed it possible to get around
 the trees without raging them. Tn any event the indications are that it will be a long ime before any changes will have to be made.
 Representatives of George D. Clark were not in favor of the layout on West Broad street and they suggested that a survey be made of Chestnut street to make the curve more satis- factory. This course may be followed by the selectmen.
 Selectmen Johnson and Hart list ened to the arguments of the prop erty owners concerned and attempted to explain the merits of the survey.