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HomeMy WebLinkAboutThe Seaforth News, 1933-03-16, Page 2PAGE TWO THE SEAFORTH NEWS. The Leader for Forty Years II "Fresh From the Gardens" 601 HURON NEWS. Charged with Entering Garage.-- Wilfred arage.—Wllfred Tofin!ail,” arrested by provin- cial police 'at 'Stratford on Thursday, appeared before Magistrate J., A. Ma- tins tint police count Friday to fame a charge of ibre'aleing, .entering Ty'ers' garage in Dublin on INcivem'ber 9th, last year. Toffnail did not elect trial ar..g'lead. 'Coun'sel for the accused :could 'see no reason why the. Crown should refuse to release his client and announced his intention of appeal to a high court 'judge at }T'oron'to. He could not see why the Crown should not consent to bail and save the ex- pertise of going to Toronto, Toffnail, ,;prior to :his arrest Thursday, 'had been out on bail, leaving been com'tnitted to trial only last Saturday on a charge of breaking and entering the '\Vhite and May store in St. Marys. In police court Thursday afternoon, George jessop, Stratford youth, ,pleaded guil- ty to a charge o'f receiving stolen goods, the charge being laid as the result of the robbery o'f the garage at ' Dublin when same $500 worth Af tools :were stolen. His brother, Tom Jessop, also appeared before :Magistrate'Mak- ins Thursday afternoon and pleaded not guilty to the charge of receiving stolen goods. He was remanded. In connection with the same theft Elmer Kalbfleisch of Stratford pleaded guil- ty in police court on a 'ch'arge of ,breaking and entering, and was re- manded for sentence. Provincial pol- ice are still continuing their investiga- tion nvest; acion of •the robbery and expect to re- cover the valuable tools in the near future. Their investigations have led as far as London, where Kalbflzisch was arrested, and also to Toronto. Recovery Expected.—{The condition of eight-year-old Joyce Flanagan, laughter of Mr. and Mrs. I%Villiam 'Flanagan, Diownie street, Stratford, who was struck by a car driven by Mr. E. R, Crawford, former ,principal of Seaforth public school and now principal of Shakespeare public school in ,Stratford, while on her way home from school on Wednesday last, was reported this week to be slightly im- proved. Her condition is still consid- ered serious, although her recovery is expected provided no complication's set in. It is understood that the ac- rident was unavoidable the girl hav- ing ruts hi front of the car. Asking Divorce.—,A divorce action started 'by ,Esperance Lettie !Sholdice, of London, against John Adana Shol- dice, ,London salesman, in Supreme Court, was set down Friday by N. F. )Newton, counsel 'for the .plaintiff, as eighth on the non-ljury list in the spring assizes in London on March 20th. The couple were married on !January '19, 1921., at (Stratford, while residents of Seaforth. She was a wi- dow and he a single man. Blowes-Walter. — 'Trivia Memorial church, Exeter, was the scene of a very pretty wedding on the afternoon of March 3rd at five o'clock when !Edith Lillian, younger daughter o'f Mr. and Mrs. H. S. 'Walter of Exeter, was united in marriage with lir. Claude H. Blowes, principal of the HH'ensell public school and third son of Mr. and Mrs. A. J. Blowes of Mit- 'shell. While ILo'hengrin's wedding march eddingmarch was 'being played. by 'Miss IC. tMadFau'l, the bridal ,panty took their places at the front of the church' Where the ceremony was performed by the rentor, Rev. M. ,A. Hunt. The bride looked very 'charming in a gowtn of blue .hyacinth crepe with shoulder bouquet of roses with hyacinth trail- er and accessories of grey. 'The bride- smaid was Miss iAtda IPitkey of Sar- nia, who wore beige crepe with 'beige accessories with shoulder bouquet of roses. The groom was supported by Mr. Thos. 'Rutledge of IHen'.sell, A Zange number of friend's were present at the church included In which were .the scholars from Mr. 'Bllowes' room at Henault, F'ollowin'g the ceremony a luncheon was served at the 'hone of the bride's parents. The groan's gift to the bride wab silverware and a writ- ing desk; to the bridesmaid, a party purse; to the organist an amethyst and crystal necklace and to the best pian a table ,lighter. Mr. and Mrs. Blowes left on a short honeymoon trip to Hamilton, Toronto and O'sh- awa, returning 'home 'Sunday evening. Farm Rented.—Mr. 'Wren of Chisel - horst, 'Inas rented the farm of Mrs. Joslin Harding:, of Us!born•e, and mov- ed in on Monday last. I Leases Farm. --Mr. Lawrence D'en- omme of 'the Goshen Pine, south, Hay township, has leased the 90 -acre farm of Mr. Phi'lip E, !Dammam en—the IBlue 'Wa'ter Highway, a mile mIor!th of St. Joseph, and will get possession M'andh t73rd..Mr, Dieno'nvm.e wbl retire Vfrolm farming. MTS. Edwin Sparling.-There pass- ed away .,an Wednesday, .M'arch list one of the, oldest residents af.H'owick towns'hi'p, in the person of Mrs. Edwin !S'padin'g, at the home of her son -an da•w, Edward Johnston, Morri's tap. in her eighty-seventh year. She wa born fn ,Ireland„coming to Canada when two years old, with her parents ;John and Catherine Speiran, settling in Bl'anshard township, Perth county iIShe •was married on 'Manch 5th in ,th'e year 1867 to Edwin 'Sperling, "rrtoviing to lot 8, 'con . '5, 'Hawick in 1376 living there until 1909Her husband died in 1912. Interment was made in 'Corrie cemetery. She leaves to mount her loss, four sons and two daughters John S., of Hiowick; R. C. of Cal gary; Mrs. Ed. Johnston, of Morris Mrs. Wm. Whitfield, of 'Gerrie; A. E of Vancouver, and Harry on the old homestead, also ten grandchildren. (Clinton Woman Gets Allowance.— In llowance:Iin a surrogate finding Judge Castel In directs that Mrs: 'Beryl C. .Ladd c.nly child of the late Samuel Coope for many years Mayor of Clinton, be paid $3,000 cash forthwith from he father's estate, and in addition the auen ,of $100 a month, payments to date back to the death of the testator The late Samuel Cooper, who died at April 5, 1932, was 'the largest proper ty owner in Clinton. rIn his will, he bequeathed t$50 a month and a free house to his sister-in-law, Mrs. Han na. The income of the !balance of the $50,000estate was given to his daugh ter, Mrs. Ladd. during her lifetime and in the event of Mrs. Ladd's death brothers and sisters of deceased were to benefit, share and share alike. It has developed, owing to economic. conditions, that the estate has only been able to pay Mrs, )Ladd $65 a m'anth. His Honor finds that the late ,1r. Cooper had in mind a much' more 'substantial income for his only child, who is in ill health, and he therefore directs that the .executors, .Alexander Cooper and the 'Canada Trust 'C'onn- pany, raise sufficient money front the estate to pay Mrs, Ladd $3,0.00 •cas'h and $100 a month thereafter. Mrs. G. H. David Passes at Clinton. =The death .occurred on Manch 1, of Mrs: George H. David .o'f Clinton, for many years a resident of that town. IHer death was hastened by .a fall some weeks ago, ,fracturing her hip, and arm. ;She had 'mad'e her home for some years with Mr. and Mrs. James Appleby. Her maiden name was Margaret 'Simpson an'd she was horn in Middlesex :County in 1885. IFifty years ago she was married to Mr. David who died six years ago. Mr. David was all employee of the ;Grand Trunk and came to Clinton thirty years ago after living for a time following their marriage in 11- derton, H'ensa•Il and IB'elgrave. !Clinton Hospital Officials.—The ap- pointment of officers for Clinton Hos- pital for the year resulted as fialiomast (Hon, President, Mrs. J. L. Heard; President, Mrs. R. H. 'J'ohnson; vice president's, Mrs. T. Wenner, Mrs, Thompson; recording secretary, Miss :R. 'P'ixkett; car: secretary, Miss L, Grant; treasurer, MT. R. E. Manning; finance committee, Miss F. Cunning haeme, Mrs. IW. Seeley, Mrs. Thomp- son. 'Exeter's Tax Rate Down 10 Mills. —At the March meeting of the Exet- er council the tax r'a'te for Exeter was placed at 30 mills for 1933, a reduc- tion 'al 10 mills on the dollar over last year. Economies in all branches o'f muni'cipal expenditures, together With a surplus and the reduction of the de- benture debt makes the reduction pos- sible. %This is considered a record in tax reduction, An Early Dip.—Two Exeter men, Elmo 'Richard and iW. H. Harness. had the honor of the ;first dip at Grand 'Bend this year, although it was quite unintentional. They were walk 'u,; along the ridges of snow attd ice last 'S'und'ay afternoon, when haney- eombed ice suddenly gave way and they found' themselves up to the waist 'n water. They were not long in mak- 'r g the trip home and changing to dry clothes. Seven Involved.. -1N0 less than sev- en youths are iin'plica'ted in a series of robberi'es and thefts ;perpe'trate'd 'n IGod'ericlh in recenit nioti!ths, they all have plead'e'd ,guilty to one or amore charges before Magislbratte (Reid, .vary- ing- dispositions being .made of their cases, Provincial and ttnunicipal 'police. ,cosopera'tedl, int the rotund -up, The (breaking Jared entering of three homes and one store was cleared up as a re- sult of bhe .arrests, but the robbery of one store and one home remains un- solved. ,Iia moat cases 'l'iquor was tak- en and it was alter several oI the youths became anbox•icalte'd and return- ed a second time,for ,more wine that they were detected, ,questioned and arrested. JU'DiGIMENT The judgment of His 'Honor Judge !Costello, in the Surrogate Court ac- tion of IBIo'yce v, IS!tephenson, con- tains ,some !features of more than or- dinary intterest. IThe plaintiff, Mrs. Hannah (Boyce of 'Gad'erich sought prdblate of the will of !Mrs. Ann Ste- phenson of ;Shanley township, by which the latter left all her property Ito the said,'3/frs. ,Boyce. 1I1 was .cl'ai'm- ed by ;Jiohn 'Thomas and J'am'es- Ste- phenson, sons of 'the 'tes'ta'trix, that 'the will was obtained by und'ue in- fluence on 'bhe part of the plaintiff, and 'further ;that the testatrix was not of sound mind nor 'of testamentary capacity. ity. tOn the 'day the will was executed Kthe judgment sets forth) Mrs. Ste- phenson .cane to The office of 'a solici- tor in IGoderich accompanied by the plaintiff, Hannah 'Boyce The plain- tiff remained in a wafting -roam while Mrs. Stephenson went into the solici- tor's private office and there in the presence of a stenographer gave in- structions for 'the drawing of her will, '"While 'the 'tes'tatrix was of an ad- vanced age—the evidence shows over eighty years — there was apparently nothing to indicate to the solicitor or the other witness to the will that she was not quite capable of undersand-. ing what she stated to the solicitor, and from my perusal of the will itself attd the signature of the testatrix, I cannot refrain from remarking that. the signature was not in any way different from that of •a much younger person, written in a particularly firm and steady hand for one of her years and for a person who was described by her 00.41111 family physician as physi- cally and mentally 'far gone. The testatrix. personalty paid the solicitor for drawing the will and it is signi- ficant, in view o'f the evidence given by others, that some 'hyo weeks after- wards she recognized the stenograph- er who wag. one of the witnesses to the will when that young lady went down to the 'home of Mrs. Boyce with some insurance papers for her. ;In'deed, her actions on the day 'the will was drawn would be such as to 'disarm any suspicion in the minds off 'the solicitor or 'steno- grapher 'that she was anything else 'h'atr of sane mind, nor can II 'find by reading 'any part of the evidence that the plaintiff, Hannah 'Boyce, at any .time executed any undue 'influ- ence on the testatrix, "A numtber o'f witnesses were called by the defendant to prove that 'the testatrix, Ann (Stephenson, was not at the time of making the will, nor for several years before, in a normal state of mind, among these 'being 'her sons. John 'T. !Stephenson, ;James E. Ste- phenson and Charles R. 'Stephenson. and these Witnesses endeavored to show that 'their •mother for many years before her death had been troubled 'by delusions, and described 'particularly seances with 'her departed husband whom at tim'es'she imagined to be 'present in the h&me, 'Phese witnesses were su'pp'orted by ,the .evi- (knee of several neighbors 'Who de- posed along the same 'l'ine's, some being p'rep'ared to go much 'further than others' in an endeavor to show that bhe testatrix was not in a nor- mal state of mind for many years be- fore her death, in fact since the death of cher husband. ;This evidence while very impotttant in one particu- lar, thdt is on the treatment which the old lady 'was accorded' by her fam'il'y and which will becommented on later, was to my mind discounted very largely by the evidence of the S0118 who, while arguing 'that their mother was not in a fit state o'f mind to comprehend wheat she was doing when 'the will was drawn innocently gave evidence that a year and more after that time they endeavored 'tr get her to wind tip her 'hus'b'and's es- tate 'and had her endorse severe cheques and attend at the bank or banks to make her account a. joint one. With suchadmissions on the part of the defendant, he is surely stopped from 'trying to argue that his !mother was not, at the time the n-i:1l was executed, 'able To tinderstaitud' bu'si'ness 'transactions.,:.. "The plaintiff called an important: witness, a neighbor, Mrs. !Agnes, Stokes, who said 'tha't .she knew .Mrs Stephenson quite intimately and lived 'text door to her when 'the tesltatriv resided with the plaintiff, 'She had • )THURSDAY, MARCH 16, 1933 WIIEN RESERVES ARE N[fD[D SPORT lovers well recognize how often the game is won by the "reserves" which are brought into play. It is quite as true in the life of every family that financial re- serves are of the utmost import- ance. A comfortable savings balance, added to each week, builds gradually into a strong force waiting to be called upon if help is needed. So often it tides a 'family over rough places. At all times it is a positive source of peace of mind and , freedom from anxiety. One ' dollar will open an account at any of our branches today. PROVINCE OF 'r A IkaAVINGS OFFICE EVERY DEPOSIT laD1BY ONNTARIOCOVEZYMENT HEAD OFFICEep PARLIAMENT fR4ssr V.ttt� newsnewsBUILDINGS J. M. MCMILLAIN, Manager some conversation wirh .her almost every day and 'found her quite bright and intelligent and apparently at that time took an interest in household duties and assisted the plaintiff, Mrs. Boyce, in looking after the 'house," ,Referring to several recorded judg- ments in testamentary cases, His Honor quoted Chief Justice 'Cock- burn as stating that "the !English law leaves everything to the unfettered discretion. of the testator on the as- sumption that, though in some in- stances caprice or passion or the power of new ties or artful contriv- ance or sinister influence may lead to the 'neglect of claims that ought to be attended to, the instincts,' affections and common sentiments of mankind may be safely trusted to secure on the whole a 'better disposition of the pro- perty of the dead than could be ob- tained through a distribution pre- scribed by the inflexib'le rules of a general law. tit is essential that the testator shall 'understand the nature of the •act and its effects, shall under- stand the extent of the property of which he is disposing, shall be able to 'comprehend and appreciate the claims to which the ought to give. effect, and with a view to the latter object that no disorder of the mind shall poison his affections, pervert his sense of right or prevent the exer- cise 'of his natural faculties -that no insane 'delusion .shall influence' This will in disposing of his property and: bring about a disposal of it which, if the mind ,had been sound, would not have' been made. If the hu rattan instincts an'd affections or the moral sense became perverted by mental disease, if insane suspicion or aversion take the place of natural af- fection, if reason and judgment are lost and the mind becomes a prey to insane delusions Calculated 3o inter- fere with and disturb its functions and to lead to a testamen'ta'ry disposi- tion, due only to their !b'ane'ful infl s once, in such a case it is obvious that the conditionof the' testamentary- ;power fait's and that a will made un- der such ,circumis't'anoes should . not stand'... In such cases, the delusion once being proved and its connection wti,th the will being manifest, the will should be set aside. This does not mean that because the testator, or in this case the testatrix, has delusions on one or more particular subjects she should be held i'ncapa'ble of mak- ing a will. Lt is only when that :de- lusion may have a direct bearing on any provision off the will. Wn'h this in mind, and I hold this to be cor- rect interpretation of the -law, I now reefer to the evidence of all the wit- nesses who gave testimony' on that particul'a'r point, that the 'testatrix, Ann Stephenson, head a delusion that the members of her family had no:. beep good to hear and had neglected her, .particularly after bhe death of her husband. Lf on the evidence I can find • that there was a delusion on that particular' sublje'ct and that that delus'i'on was the cause of her .cut- ting off in her will immediate mem- bens of - her 'family and leaving her entire estate to a perfect stranger -in- law' who, according to the evidence, has no .,great equitable alai into it then the Will should be set aside and an intesitary declared. On the evil-, mvte I have no difficulty in arriving at the conclusion that Mrs. Stephen-' son could 'find no fault with any member of her family in their treat- ment of her. The statement of all ;those witnesses who gave evidence on ,that ,point was that the members of the family and particularly the son, John Thomas, with wham she re- sided, were very good to her, and there certainly was a delusion in her mind on this particular matter at the time the will was drawn, for, .in spite of the fact that there was 110 founda- tion for that belief, she expressed that opinion and .drew i't particularly to the attention of the witness Viola !Montgomery, tolling her that her omen family had not 'been too good to her. "I.n the result therefore, I believe the will should be set aside and an intostancy declared." IN 1950—WHEN ROBOTS . ARE OUR SLAVES ` ..4. 'Wha't may happen in households of the future, when mechanical serv- ants begin to develop human tem'per- amen't, will be described, next Sunday, in The American Weekly, distributed with The Detroit Sunday Times. "'That harp player gets $200 for every concert" "Htm'm. Easy picking!" Want and For Sale Ads. 1 time, 25c. MSS .1 1M SIINIVIV1MR1.11211.91COINIM 0' For 30 cents you can telephone about 100 miles by making an "any- one" .call (station - to -station) after 8.30 P.m. See list of rates in front of directory. "That's great, Bill —we'll sure be there" "I'd give an eye-tooth to gointothe city and see that hockey game to- morrow night," Fred said, "but we'd never get seats." "Why not get Bill on Long Dis- tance?" Hilda suggested. "Perhaps he could get you a seat today." "By George, I'll try it," Fred agreed. Two minutes later he had .Bill on the linea Bill not only, could but would and, what's more, he had a seat for Hilda too. "I did enjoy that game," Hilda said afterwards. "I'm certainly obliged. to Bill- and glad we ' have a telephone." ,- "� ,"( ,-ICLAi�.'eoammsm,7,.,,a,