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    1. John Bowman, Cuttingsville, Vt.
    2. Source, Rutland (Vt) Daily Herald--Mon.Nov.30, 1891. JOHN P. BOWMAN'S WILL. Offered For Probate and a Contest Made by Relatives. The will of John P. Bowman, who died recently in Cuttingsville was offered for probate Friday by the executors. S. & L. M. Brown at the Surrogate's court in Glens Falls, N.Y. Until he came to Cuttingsville Mr. Brown lived in Stony Creek, N.Y., and had large interest there.The will was made December 25, 1885, it provides for the creation of a trust fund of $ 100,000, the income of which shall be devoted to the care and maintenance of the mausoleum erected by him in Cuttingsville some years ago at an expense of nearly $ 100,000. The remainder of is property is bequeathed in equal of his property to two nieces of his wife, Minnie Martin, who lived in the family for a long time, and Jennie Gifford of Akron,O. A codicil dated about two years later reduced the amount of the trust fund from $ 100,000 to $ 50,000. George P. Foster and Samuel F. Smith of Shrewsbury are made the trustees of this fund, and at their death it shall be turned over to a corporation formed for that purpose. Mr. Foster has since died and Mr. Smith is the only trustee living. The will contested by nephews and nieces of Mr. Bowman, who ,it is understood,will allege undue influence, incompetency to make a will and other charges. The delegation, it is expected, will be died this week in the court. The contestants are : Charles P., Laura L., Walter A. and Lyman Smith ; Eleanor E.,Joseph Edward B., George W. Edwin, jr., John B., Lyman S. and Hugh H. Congdon; Laura L. Hodges and Ella B. Ingalls, who live in Clarendon, except Laura L. Smith, who lives in Washington, ILL. The hearing opened Friday before Judge Cheritree of Glens Falls and formal proof of the execution of the will was made. The witnesses of the will was made. The witnesses of the will, which was executed in Glens Falls, were Daniel Peck, William A. Wait and Mr. Kin of that town. The will was signed at the law offices of S. & L. M. Brown, according to the testimony of Mr. Peck, who became a witness at the request of Mr. Bowman. Mr. Wait did not remember any of the circumstances , but identified his signature as well as the others. The witnesses to the execution of the codicil, which was done in Stony Creek, were Judge Brown and William H. Allen of Boston. Ex-Judge Lawrence, counsel for the contestants, objected to the probate of the will on the ground that the Surrogate's court had no jurisdiction, as Mr. Bowman lived in Rutland county and the will should be offered for probate there.The proponents claimed that Mr. Bowman had large interests in Stony Creek and although he had property in Cuttingsville , he only went there to look after it when he was taken sick and died. The court overruled the objection. All the attesting witnesses to the will and codicil were examined and cross-examined, when an adjournment was taken until January 4. It is thought that at that time the hearing will last several says. The amount of the property at stake is estimated to be about $ 200,000. The lawyers engaged in the case are A. D. Wait of Fort Edward, who appears for the executor; Joel C. Baker of Rutland for Minnie Martin; Edwin E. Voris of the firm of Barit & Voris of Akron, O., for Jennie Gifford and King & Ashley, with Mr. Lawrence, for the contestants.

    10/04/2004 05:35:42