Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-12-03

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stranger it also included support AMI
maintenance. By this support and
maintenance agreement further in
volved the cancellation Of any claim
which he admits covered 80. 500
worth Of securities sold by him to
these Old ladies and the assignment
70 him Of their expectancy Of their
cousins estate representing 11l7 600.
This brief summary OF events
which transferred to a total stranger
such valuable holdings would natur-
ally invoke inquiry ~ to the fair
ness Of the consideration between
parties even II they were relatives,
and on equal footing. and would Ger
tainiy challenge inquiry and con-
demnation il the consideration was
grossly Inadequate and the parties
to the transaction were not relatives
and were on unequal footing.
At the very beginning Of this Pc
riod the disparity between these two
parties in age, experience, knowledge
Of business affairs, knowledge of hu-
man nature and physical condition.
which invariably gives the advantage
to the strong over the weak, il ap-
parent. These conditions of advan-
tage coupled with the gross made
quacy Of consideration claimed to be
given to these old ladies for a prop
erty. which at least represented $685.
600. itself is evidence of fraud and
undue infiuence-res ipsa loquitur.
Although there are three separate
bills in equity involved in this hear.
to wit: "a RECESSION of deed con-
veying real estate. (eb an account
ing of stock. bonds. money and per-
sonai property. and ca cancellation
of the alleged assignment of the ex-
pectancy. yet they are all founded,
al we claim. upon one fraudulent
scheme Of the defendant. Hollis n.
Shaw, to obtain and possess all of
the property Of the two Stanley sis
ters- The testimony. the differences
from Shaw's conduct and acts, and
above all the results of his machina-
tions show one general plan. purpose
and intent by articles and fraud to
acquire possession of the Stanley
sisters money, their real estate.
household goods. and finally to Sc
cure their Unbeatable rights in their
cousins estate.
II the burden of proof rested upon
the plaintiff. what other conclusion
could be drawn from the following
facts which were either admitted or
proven in the hearing? Let me briefly
recall the courts attention to them
in their chronological order:
1st. Shaw first met the Stanley
sisters in 1909 and soon after became
a frequent caller and then an occa-
sional mealer and lodger at their
. home.
and. In 1910 Shaw. on the sisters
petition, was appointed administrator
Of their brothers estate and sold
them bonds in various electric COM
panies. which bonds were interest
paying investments
3rd. In 1911 Shaw on the Stanley
sisters petition, was appointed ad-
ministrator of their sister Pamelia's
estate, amounting to $ss14.71. This
year on his own admission he was
given a duplicate key to their safety
deposit box. and thus obtained ac-
cess to. and knowledge of their bank
books and all information Of their
property holdings This year. on his
own admission. he became acquaint-
ed with the sisters rights in the Ben
Stanley estate and entered into ne
gotiations with parties in New York
and elsewhere to liQuidate that in
terest. In February. 1911, he organ
lied the Dirigo Power Goa purely
speculative scheme of undeveloped
water power-and transferred to this
"a h &c
praisal valued at $1,000. and took from
the company $4,000 worth Of the
company's bonds in payment. and
either sold many of his bonds or the
company's bonds to the Stanley sis
tiers. He was all there was to this
corporation.
4th. In 1912 and 1913 he admitted
that he exchanged all. excepting
$4,000, of the Stanley sisters holdings
in interest paying investments, into
bonds of the Dirigo Company. and
this entire investment he admitted A.
nally represented $10.500 of the Stan
ley sisters property. February /.
1913, he borrowed $4,000 Of the sis
tiers and secured the loan by $1,000
Of the Dirigo bonds.
5th. May IL, 1914, Shaw procured
an absolute power Of attorney to deal
with the sisters expectancy in the
Ben Stanley estate. Sept. 3. 1914, he
secured an assignment Of this inter-
est, placing in escrow with /. o. Gage
some OF the Dirigo bonds ito protect
them (the sisters) If Shaw realized
money and did not turn it over to
them. (Cross-examination Page SD.
Dec. %, 1914, he organized the Inher-
itance Realization Co., whose exis-
lance Is accounted for in the Ian
guage Of its records as ''centered
in the life Of Benjamin D. Stanley.
Dec. %. 1914. he issued two certifi-
Gates on stock in this company for
$50 shares each, one to Allura n.
Stanley and one to Eliza J. Stanley.
which are Endorsed W them in blank
and without date. Dec. -. 1914. he
obtained from the Stanley sisters an
other agreement conditioned upon.
the return to him Of the bonds put in
escrow with Gage under the assign
ment OF Sept. 3, 1914. The bonds were
at that time returned.
sth. January Il. 1915. as treasurer
of the Inheritance Co., he secured an
option on the stock issued to the
Stanley sisters in that company con-
ditionad on the payment to them of
$4,000 within 60 days, or a return Of
the certificates Of stock The stock
records show the issuance on March
70. 1915. Of 50 shares Of the Inheritance