Putnam patriot., 1917-01-19
SUPERIOR COURT
Duffy viii Case Settled
Judge Takes File ia Bugbee's Appeal
From Assessors

was begun before Judge Milton "A
Subway in the superior court Ut Put
nam Tuesday morning.
James Duffy is a brother of Hugh
Duffy, the testator of the will, whose
dead body WAS found at Wilsonville in
the town of Thompson in June, 1915.
Hugh Duffy had been in poor health
for mum Der of weeks and one night
he got up, and, seantily clothed, left
the house without saying word To
anyone.
For nearly two wee ks searching par
ties secured the surrounding country.
1t was known that Duffy was suffer
ing from nervous trouble and ii WAS
supposed that he had wandered away
and could not find his way home.
The search had been partially aban-
doned when a citizen OF North Grosve-
norda.e found Dutly's dead body in II
small pond nenr his home. This was
on June 10th, 1915,
On April ilth Duffy executed will
disposing of an estate which invento-
ried ut $40, 566 0S This will was ofier
ed for PROBATE aud admitted TO probate
on July 9th, 1915, by Judge Fred Nun
yam of the Thompson probate court.
By the terms of the will Dutiy's Sis
ter, Catherine Duffy, was given the
old homestead and $4,000 cash; his
sisters, Mrs. John Plouif, Missionaries
Dagnon, and Mrs. Patrick Duffy, each
received $1,000, and his sister.in.law,
Mrs. James Duffy, $500.
The brother, James Of Webster, was
not left anything, although his wife
received a $500 legacy. So James took
an appeal to the superior court.
Appellant alleges that the will was
not executed according to law, that
teststor lacked capacity to make .
will, that the will was executed,by
fraud and undue influence and thst
the instrument Is not ,the last will of
the testator.
Appellant Is represented by Lawyers
James Z. Donnolley of Worcester and
Charles e. Searls OF Putnam, and the
appellee by Lawyers Joseph A. Love
of Webster and Charles l.. Torrey OF
Putnam.
The proponents of the will proved
the instrument by the testimony OF
the three witnesses, John b. Ploufi OF
Webster, also executor of the will, and
Wilfred G. Mills and James IL. Smith
of Wilsonville. The testimony Of
Smith was given by deposition MS he
is i'll and unable TO appear in court.
The witnesses were summoned to
the Duffy home on the 18th OF April,
1915. The home was under quarantine
on account of scarlet fever Testator
came outside and the will was execut-
ed on the piazza. Witnesses testified
that ID fly requested his nephew, Ed
ward WEIGH, to sign the will for him
because he complained Of stiffness IN
his fingers that made il impossible for
him to hold pen. They said that the
testator appeared To them TO be OF
sound mind, capable OF transacting
business and of making will. They
said Mr. Duffy seemed some what ner-
vous ut the time but this left him after
the document had been executed.
John Plouff, the executor, said that
he was not on good terms with the
James Duffy family, that they would
not look at the house he lived in even.
During the noon recess counsel in
the case came to an agreement where
by u settlement WAS affected and the
case WAS Withdrawn. What the set
Element was was not made public but
IL was rumored that 1t would make
the James Duffy family's share about
equal to that of the others, or $1,000.
AT 3 O'Clock the case Of Ellen NJ.
Bugbee's appeal from the board Of Us.
SCISSORS of the town Of Putnam was
commenced.
The property in question Is the Put
nam Inn property which includes the
hotel, a building In the rear known rs
the old Quinebaug block and two
dwelling houses on Canal street. The
tract contains about 1900 square feet
of land and was assessed for 500, $50.
Counsel agreed that the only question
at issue was AS to whether this Is or 10
not the value Of the property. II was
also agreed that at the time the prop
erty WAS assessed, Oct. LIST, 1914, the
assessors adopted rule to assess prop.
erty for the purpose Of taxation at
three quarters its actual value.
Since the appeal WAS made Mrs.
Ellen NJ. Bugbec has died and the
property Is now part Of her estate.
G. Harold Gilpatric, cashier OF the
First National bank, testified that he
acted as Mrs. Bugbee's agent and ne
gotiated deal wherein Landlord
Earle T.. Rogers OF the Inn took bond
for . deed, the agreed price being
$37, 800. He thought that II was good
price for the property and tnougnL u
when assessed thnn when the agree
ment was made in March, 1912.
Frank o. Davis, q real estate dealer
of Putnam, testified that he had the
property in his hands for sale for four
wears and offered 1t At $35, 900 but could
not sell It He valued the property al
not over $35, 900.
Judge Lucius n. Fuller said that he
insured the buildings for so percent OF
their estimated value. $4,000 In In
surance WAS carried with him. lie
thought that s35, 900 was the extreme
limit as the market value OF the prop.