Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-07-05
STATE MUST FIGHT
Heirs Claim Trust Void-S2O0,.
900 for Hebron in Contest

Portland, Me July 4.-Whether the
State Of Maine shall inherit a $780,
900 fund with accumulated interest for
two years or whether the heirs Of +.
= Chamberlain of Newton, Mass.
hall get the money is the object of an
equity suit filed yesterday in the SUI
prefne court by Charles O. Bancroft,
charles II Payson and Franklin G.
i'ayson all of this city. trustees of the
T. y Chamberlain Endowment Fund.
The fund was originally left to the
Maine State Sanatorium Association
At Hebron, and afterward turned over
with other property to the State by
the association.
The heirs Of Mr. Chamberlain claim
that the trust for the benefit of the
sanatorium ended with the transfer or
the property of that institution to the
state and that the money reNerts to
them.
Ask for Instructions
The suit is brought for the purpose
Of having the court construe the con-
struction and effect Of the trust and
instruct the trustees Of the fund in
premises and to further determine the
rights and claims OF tn parties inter-
ested in the disposition of the princl-
pal and accumulations of the fuhd.
Il is set out in the bill of the trus-
tees that a trust Of 100000 was ere
ated on Feb IS. 1910, by Eleazer -.
Chamb arlain then OF Newton. Mass
TO be known as the f. w. Chamberlain
Endowment Fund.
Under the provisions of the trust the
trustees were to invest the principal
the income to be paid over for the ben
eit Of the Maine State Sanatorlum
Association. to be used solely for the
annual running expenses OF the sana
forum established at Hebron for the
cure and prevention Of tuberculosis.
Yearly Payments Required
1t was also provided that such pay
ments would be made yearly under GER
tain conditions for a period of 40 years
when the principal would be turned
over 10 the association. Under the I'M
posed conditions the trustees were to be
SATISFIED that the institution was Tree
from debt on oct. of each year, other
wise mono of the income or prlnclpal
Vas tn be paid over to the ASSOCIATION,
Unless the Indebtedness was cleared
within three months after written no.
ne, from the trustees. If such condl-
ten Nas found it was provided that the
'NcUul, Tor that year would revert to the
Gonor Elcazcr d Chamberlain. If Inv
iHs and # not living to be paid in equal
shares to E.leazer Chamberlain of Con-
cord and Walter 5. Fox of Boston or
their legal hcirS-at-laW.
Under the provisions of the trust the
lnconic had been paid over to the Maine
state Santorium Association each year .
s'ncc oct. l. 1911. until Oct. l. 1919.
on oct. 9Th. 1915. the Maine State
Sanatorum Association by deed turned
over Il the State of Maine, all its prop
Hr,} and real estate including It's inter
est as beneficiary in the said T. ~
Chamberlain Endowment fund.
Have Withheld Payment
Since the transferal of the property
the trustees have not paid any part OF
me fund or income to the association
nor 10 the State of Maine.
In August, 1914. Eleazer Chamberlain
died in Boston His will and codicils !
were allowed by the probate court at
Nambridge Sept. IS. 1914. Walter n.
Roberts of Harvard. Walter S. Fox OF
Boston and Theodore Chamberlain or
concord we're appointed and qualified as
EXECUTORS having been named in the
will
Theodore Chamberlain, Walter > !
fox Gardiner Chamberlain of Spokane, ,
wash. Hannah Williams of Dover. !
Frederick +. Norne of Boston and olive |
Ann Bickford of Boston being heirs-at- |
law /
Ihe executors of the will and the
he'rs-at-law claim that the trust has
tailed and the fund should revert to the
estate and the principal and accumula-
lions become a part thereof. This claim
IS based on a declaration that the fund
was intended solely to pay running ex-