NEWINGTON, N.H. — A sailboat from which a Seacoast lawyer fell overboard almost two years ago after setting sail from Maine will be auctioned off to settle a legal dispute between his widow and the fishing boat crew that rescued their son.

The 41-foot Niobe is scheduled to be sold Aug. 24 at a public auction in Newington, on the orders of the U.S. District Court in Concord. Proceeds from the sale will go toward a $25,000 payment to Newington-based Amy Philbrick LLC, which had sued Deborah Woods and the estate of Stephen Woods for the salvaged sailboat.

Stephen Woods, described as an experienced, self-taught sailor, was swept overboard in 2005 during a sailing trip with his son, Asher Woods, then 20. The father and son, both from Stratham, set sail from Rockland, Maine, midday on Oct. 15 toward Rye to have the Niobe hauled out for the winter.

That evening, overwhelmed by heavy rain, 30 mph winds and almost 5 foot waves, Stephen Woods decided to spend the night in Boothbay Harbor rather than sail through the night, Asher Woods told investigators. Unable to start the Niobe's diesel engine, Stephen Woods decided to sail to sea to avoid the rocky coastline. Asher Woods said his father was swept overboard while trying to secure the sails.

Asher Woods, a novice sailor, said he tried to change course and start the boat's engine. When those attempts failed, he released the lifeboat in hopes his father could grab onto it, but his father disappeared.

Asher Woods was lost at sea for five days before the Amy Philbrick found the Niobe off Cape Cod, out of fuel, its sails tattered and its hatch broken and unsecured. The Amy Philbrick crew saved Asher Woods, towed the Niobe to shore and claimed ownership of the boat.