Man accused in death won’t get house

ROCKLAND – The man accused of beating to death a Rockport woman in a Portland hotel during New Year’s weekend has lost a bid to inherit her house, assessed at $264,000.

David Haraden, 48, was denied rights to her estate during a hearing Wednesday in Knox County Probate Court.

He is being held in Cumberland County Jail on a murder charge in connection with the death of his girlfriend, Maxine Witham, 35. The fatal beating occurred in the Eastland Hotel a day or two after Jan. 1, according to police.

In early March, Haraden pleaded not guilty to the charge. A trial is expected to take place in November.

Haraden appeared under guard before Probate Judge Carol Emery at a hearing Wednesday. The hearing was called because Witham apparently had no legal will. The person who sought the hearing was Gary E. Witham, the victim’s father.

In Maine, when there is no will, inheritance goes to parents of those who die unmarried, Registrar of Probate Elaine Hallett explained; brothers and sisters are next on the priority list.

In Maxine Witham’s case, Haraden was named heir in a photocopied document titled “My Last Will and Testament purported to have been signed by Maxine Witham,” according to the judge’s order.

That document was an “unauthenticated photocopy,” Emery wrote. “No convincing evidence was received that the copy of the signature at the bottom of the page was the decedent’s signature. The original document was not produced.”

According to court records, Haraden indicated to officials that he and Witham had met with a lawyer, but no will had been executed. At a deposition, Haraden said he had not seen the brief, hand-printed will bequeathing Witham’s possessions and dog to Haraden.

Witham’s property at 249 Main St. is assessed at $264,600 for land and buildings. The overall value of her estate is estimated between $300,000 and $400,000, according to the probate officer.

The judge ruled that no will was submitted that had been signed by the woman and that the photocopy document failed since insufficient evidence was introduced to show that the signature was the handwriting of Maxine Witham.

The judge named Witham’s father as heir.