- 1) William Nowell, age 49, m, Farmer, RE $2500, b. Maine
2) Hannah Nowell, age 39, f, b. Maine
3) Samuel Nowell, age 23, m, b. Maine
4) Mary F. Nowell, age 20, f., b. Maine
5) Clarisa Nowell, age 17, f, b. Maine
6) Sarah L. Nowell, age 14, f, b. Maine
7) Mary E. Nowell, age 3, f, b. Maine
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- BILL IN EQUITY.
STATE OF MAINE.
[SEAL]
So.MKRsKi ss. To Bray Wilkins and his
son William Briggs Wilkins, and his minor
daughter and ward Alice May Wilkins, all of
Boston, 74 India Street, Massachusetts, Mrs,
Ella Nowell Kelley, 16 Warren Street, Kox
bury in the Commonwealth of Massachusetts.
Mrs. Georgiana Nowell Boynton of 105 New
ton Street, Marlboro, Massachusetts and
William S. Nowell, 184 Washington Street,
Boston, Massachusetts, Greeting.
We command you that each of you except
said William Briggs Wilkins, appear before
our Supreme Judicial Court In Equity, next
to be holden at Skowhegan within and for
said County of Somerset within two months,
and we command said William Briggs W il
kins to appear as aforesaid within three
months, from the first Tuesday of October
A. 1 >. 1899, at 10 o'clock A. W. in the Court
House in Skowhegan in said County of Som *
erset, then and there to answer to a Bill of,
Complaint exhibited against you and Trank
E. Nowell of 1*airfield in said County of Som
erset, Mrs. Mary Etta Pease of Anson in said
County of Somerset, M iss Bar/.ie Nowell and
Miss Bertha E. Nowell of Waterville in the
County of Kennebec, by I. B. Barrett of
Canaan in said County of Somerset, Executor
of the last will and testament and codicil of j
Hannah H. Nowell, late of said Canaan, de
ceased, willow of William Nowell deceased,
a>d Trustee for William Briggs Wilkins and
Alice May Wilkins under said will and testa
ment ami codicil, an abstract of which bill is
hereto annexed, and to do and receive what ;
our said Court shall then and there consider
in that behalf. And we further command
you ami each of you except said William
Briggs Wilkins, to ile with the Clerk of said
Court within said two months and we com
mand you said William Briggs Wilkins to
file as aforesaid within said three months
your demurrer, plea or answer to said Bill.
Hereof fail not under the pains and penal
ties of the law in that behftlf provided.
Witness: William H. Eogler, Justice of
our said Court at Skowhegan the second day
of October in the year of our Lord one thou
sand eight hundred and ninety nine.
Attest N. W. Brainkki), Clerk.
ABSTRACT 01* BILL,
Your Orator, T. B. Barrett of Canaan in
said County, Executor of and trustee under
the last Will and Testament of Hannah IlJ
Nowell late of said Canaan deceased, widow
of William Nowell deceased, complains to
your Honors and brings t lis Bill in Equity
against Bray Wilkins and his son William
Briggs Wilkins, and his m nor daughter and
Irani Alice May Wilkins, all of Boston, 74
India Street, Massachusetts and Frank E.
Nowell of Fairfield in said County of Somer
set, Mrs. Ella Nowell* Kelley, 16 Warren
Street Roxhury in the Commonwealth of
Massachusetts, Mrs. Mary Etta Pease of 1
Anson, in said County >f Somerset, Mrs.
Oeorgiana Nowell Boynton of 105 Newton
Street, Marlboro, Massachusetts and William
S. Nowell, 1S4 Washington Street, Boston,
Massachusetts, and Miss Barzie Nowell and
Miss Bertha E. Nowell of Waterville in the
County of Kennebec.
And your orator prays I hat they be sum
moned and held to answer to this Bill of
Complaint which is as follows.
Your orator humbly complains and shows
to your I lonors :
1st. Thai said Hannah H. Nowell died at
said Canaan on the tenth day of April A. L).
1899, leaving her last will and testament
made, published and declared by her on the
28th day of March A 1). 1894, also a codicil
to same annexed thereto made, published and
declared by her on the 14th day of April A
1). 1898, which will ami codicil thereto was
duly proved, approved ami allowed by the
Probate Court of said County of Somerset, on
the second Tuesday of May A. I>. 1899, and
sai
pointed executor thereof and thereafter re
turned an Inventory of the estate and accept
ed the trust provided in said will and codicil
and was duly appointed trustee under said
will by Probate Court in said County on the
second Tuesday of August A. I). 1899.
2nd. That said will and codicil provides
first as follows: I, (the said Hannah H.i
Nowell) do give, bequeath and devise to my
said executor T. B. Barrett tJic sum of nine
hundred dollars after the payment of debts
and expenditures provided by the secund
clause of said will, but nevertheless to hold
in trust for the following purposes mentioned
and set forth in the third clause of said will
to wit, four hundred and fifty dollars of said
sum to be paid to my grandson William
Briggs Wilkins, w hen he shall arrive at the
age of twenty one years and the remaining
I450 to my grand daughter 'Alice May Wil
kins, when she shall have arrived at the age
of twenty-one years and it is my desire that
during the minority of said William and Alice
they shall receive from said fund of nine hun
4 §
dre
executor in his judgment and discretion may
sec fit to pay them, reposing confidence in
my said executor that he will pay over to said
William and Alice only such amounts as
their circumstance* may require having
specially in view their education.
3rd. The second clause in said will does
not provide nor is there in any part of said
will any provision made for the payment of
costs of administration of estate or of trust
fund.
4th. Said will after providing legacies to
divers persons for purposes therein stated,
amounting all to $555 and a few specific
legacies, the rights of parties under which
are not likely to be affected by these pro
ceedings said will provides a* follows:
Eleventh, All the rest and residue of my
estate whether real, personal or mixed wher
ever found and however situated, I desire my
said Executor shall convert into current
money and divide into three equal parts
which parts I desire shall be given to heirs
of my said husband's brothers *and sisters,
viz, Simon, John and Pojly, the heirs of each
receiving one of said parts.
5th. Said T. II. Barrett, your orator,
humbly shows your Honors that he is inform
ed ami believes that said Hannah H. Nowell
never had any child and that said William
Briggs Wilkins and his sister Alice May Wil
kins designated in said will as grandchildren
of said Hannah IE Nowell are not her grand
children in fact, unless they may be such by
adoption of their mother and are not her
relatives, but arc the only surviving grand
children ami sole heirs of said Polly the
sister of William Nowell her deceased hus
band. That though it is claimed that their
mother Esther Eish, daughter of said Polly
and her husband I homas Eish late of said
I airfield, deceased, was adopted in hgr in
fancy by said Hannah H. Nowell and her
husband William Nowell with consent of her
parents the said Thomas and folly Kish by
Act of legislature, thereby making said
William and Alice grandchildren to testatrix
by adoption of their mother, yet your orator,
having made thorough search and investiga
tion both of Acts of Legislature and records
of adoption by our Probate Court, and failed
to find any adoption, it is claimed by him
that there never was any such adoption to
change rights of inheritance.
6th. And your orator complaining humbly
shows your Honors that he is informed and
believes that said William Briggs Wilkins
started for the gold field* of Alaska and was
rJast heard from by letter to his father from
Seattle on the 23rd day of May A. 1). [898,
his destination then being 180 miles up the
Neuse river, and his boat was wrecked about
30 miles up said river and he was 1 fear kill
ed there in the month of July A. D. 1898.
7th. That the surviving heirs of said ;
Simon Nowell, under said residuary clause of
said will, are Prank K, Nowell, Mrs. Ella
Nowell Kelley, Mrs. Mary Etta Pease, Mrs. ]
(ieorgiana Nowell Boynton and William S.
Nowell, and that the sole surviving heirs of;
said John Nowell under said clause of said j
will are Miss Bar/ie Nowell and Miss Bertha
E. Nowell and arc made parties to this Bill ;
and their names and places of abode are
therein above stated.
Wherefore your orator asks fur a construc
tion of that portion of the will and testament
and codicil thereto of said Hannah H.
Nowell heretofore recited and that your
Honors will direct out of what fund the cost
of administration < t estate and trust fund
shall be paid and the order of such payment
and to direct and Artier distribution of said
estate among the beneficiaries therein named
in accordance with said will and codicil as
construed by your Honor* and the rights .of
the parties claiming under the same as may
appear from the evidence given you.
And your orator prays that he may be
given such other and further relief and such
other and further orders may be made in the
premises as your Honors may deem right and
necessary.
A true copy of order with abstract of bill.
\\ttest N. W. Brmnkrk, Clerk.
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1811 - 1899 (88 years)
Census
: Address
: Location
: City/Town
: County/Shire
: State/Province
: Country
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