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HomeMy WebLinkAboutThe Seaforth News, 1923-04-12, Page 1WHOLE, SERIES, VOLUME 45, o Suppers regularly Hot Lunches at all hours TRY OUR CANDIES,' Always the Best • c The Olympia nfetetionery and Restaurant HUTCHISON'S GROCERY QUALITY should be a first consideration in buying groceries. We believe in good quality. PRICE is also an important consideration and we frankly believe our prices will AVERAGE as low as any house in the trade, A firm once advertised "We always lead, we never follow." They soon led themselves into bankruptcy and perhaps not so much by under selling as by over-stating. We have some extra high grade PEACHES put up by Niagara Falls Canning Co., regular 75c for 50c Regular 50c kr 35c If costs are counted, we doubt if they can be put up as cheap- ly at home and few have the ability to do them as well. HONEY is a real economy at 12c to 15c per pound, especially when butter is dear. ' BAKING SYRUP.—We ask you to try some of our bulk Baking Syrup, because we know of nothing in cans that equals it in quality. . ASPARAGUS CUTTINGS, special, per -can 30c PICKANIN3'fY PANCAKE SYRUP, in Syrup Pitcher, special ..35c ' The Pitchers alone are well worth the price. CHINA DINNER SETS,—Special in Quality and Price. SOAPS.—We have exceptional values in Toilet and Laundry Soaps. FIGS.—Choice, at 15c or 2 for 25c. Cooking figs, 10c or 3 for 25c. FINNAN HADDIE, 25c fbr 13. KIPPERED HERRING in Tomato Sauce, 25c for 13. Kippered Herringfn Oil, 25c for 13. i DATES.—Choice Hafowee, 15 or 2 for 25c. Safi. Dates 02 10c or 3 for 25 cents. - F. D. llutchison PHONE 166 Spring Footwear It will soon be time to put away your rubber footwear and in anti- cipation of your needs we have a splendid stock of Good Sturdy Shoes for spring wear. Work Shoes for Men School Shoes for the Boy and Girl The Newest in Spring Footwear for Ladies WIGG , W. FRED. CHURCH CARD. Seaforth Methodist Church.—Bab. bath services, 11 a.m. and 7 p.m. Sun- day school, 2:30 p.m. Pastor, Rev. R. Fulton Irwin, Pastor at both services. In theev en- ing by special request the Ladies' Bible class will repeat the beautiful sacred drama, "The Challenge of the Cross," EPWORTE LEAGUE. Epworth League on Tuesday even- ing was in charge of the Missionary Department. The topic, , "The ,Christian's God," was very ably taken by Miss N. Pryce, The marked con- trast of our religion• to Oat of the heathen was remarkably shown in her talk, Mr, Frank Cudmore favored the league with a solo. • TUCKERSMITH. Presentation.—A number of the ratepayers of S. S. No, 9 assembled at the home of Mr. T. G. Shiilinglaw on Monday evening and presented him, as he has retired from the teach- ing profession after thirty-two years' service, with a handsome chairand foimtain pen. The address was read by Mr, John Elgie and the presenta- tion made by Messrs, J. More and B. Kennedy. The evening was spent in social games and reminiscences. ROXBORO. Mrs. Jos. Daymond was attending her; sister, Mrs. Dan. Ross, at Bruce - field, last week, Ivho is not improving as fast as her friends would wish. Mr. Clifford Hart Teas hired with Mr. Fred Scarlett for the seeding. Mr, Robert Agar was in Brampton a few days last week seeing g his bro- ther, who is seriously 111 Maple syrup making is the oirder of the day, but some days it and the weather have a fail out. F U R S D PI Y, 1•I; ' R I L, 1;2, l923 3 JUDGMENT ON ESTATE OF tate. LATE ALEXANDER KERR1 Mrs. Kerr states ,that the joint ac- count existed prior to the 30th of Seaforth, April 9, 1923,—As there have been so many different stories circulated in reference to the cause of the litigation in regard' to the es- tate of my late husband, Alexander Kerr, I consider that, in justice to myself, the judgment' of His Donor Judge Dickgon shouid be.publfshed.— Amelia Kerr. • The judgment is as follows: In the Surrogate Court of the County of Huron.; In the • Estate of Alex- ander Kerr Deceased, + Judgment, ' Upon the passing of the accounts of the Executors a question arose as to the obligation of Amelia Kerr, the widow of deceased and one of the Executors of his will, to account for certain moneys which were in the Bank of Commerce, Seaforth, • to the joint credit of the said deceased and his wife, the said Amelia Kerr. Mrs. 'Kerr claims' the money by right of survivorship and .as a gift from her husband, while Archibald Kerr, an- other executor and certain of the residuary legatees claim that the said nes formpart of the assets of the moneys s estate of the deceased. On the 30th of August, 1913, the de- ceased and his said wife signed a memorandum or direction which they deiivcred•to the manager of the said Bank, and which is in the words and terms following, viz.: "To the Manager The Canadian "Bank of Commerce, Seaforth, "Sir—You have a deposit account "standing in the. name of Alexander "and Amelia Kerr or either of them, "and we hereby authorize you to pay "all cheques drawn on your branch "by Alexander and Amelia Kerr or "either of them and to charge the "amount of the same against the said "account, and we here'by confirm the "verbal instructions to this effect, al - "ready given you, and all acts done by "you in pursuance thereof. (Signed) "Alexander Kerr, Amelia Kerr." Alexander Kerr, the husband, died on the 9th of March, 1921, and at the time of his death there was at the credit of the said joint account in the said Bank the sum of $1,449.01 and in- terest. On 26th of April, 1921, the said Amelia Kerr drew out the said amount then at the credit of the said account, viz,: $1,464.86, upon Sier own cheque and with the sanction and ap- proval of the manager of the said Bank, The said Alexander Kerr made his ',vitt on the 5th of March, 1921. He devised and bequeathed to his wife his residence and all the contents thereof. He bequeathed, to her a specific legacy of $6,000, and the whole residue of his estate, he devised and bequeathed to his executors in trust, to invest and "keep invested during the lifetime"of his wife, and the income and interest'thereof, he dir- ected should be paid to his wife an- nually or oftener as she may require same, and further directed that if such income should prove insufficient to provide his wife with a good, com- fortable and sufficient living, that she can use such portipn or portions of his estate or the principal thereof as will be sufficient for the purpose aforesaid. •Upon the death of his wife the will directs that the executors shall divide the remainder, if any,. of the estate, equally amongst the bro- thers and sisters of the deceased who may be then living.. It was the ap- parent and manifest desire and inten- tion of the testator Alexander Kerr, that if necessary his whole estate should be applied for the benefit of his wife,and there is not a sugges- tion g8 tion thashe is not entitled to all she takes under the will of her husband, As husband and wife the said Alex- ander Kerr and Amelia Kerr had for years co-operated in the work of the farm on which they lived, Mrs. Kerr faithfully performing her part of the farm work and contributing in a large measure to the successful farming operations of her husband and to the acquisition of the moneys represent- ed, in the sum deposited to the said p joint account, indeed a por- tion of the said deposit consisted of money, $300 or thereabouts, inher- ited by Mrs. Kerr from her father's estate, which she handed to her 'hus- band to be by hint deposited to the credit of the said account. Mrs. Kerr also brought with her to her husband at the time of their marriage, a cow from which the greater part of their herd of cattle was 'raised, and also brought to her husband with her two pigs, one sheep and a 'lamb which were added to her husband's live stock, . The deceased was most de- voted to' his wife and their marital re- lations were most felicitous and mark- ed by strong affection and mutual trust, While her husband was in health, his wife was his faithful help- mate and his partner 'ih the work on the farm; When he was stricken down with cancer, worst of all mala- dies, she was his comforter and nurse. The evidence of William Kerr, bro- ther of deceased, a residuary legatee, and one of the executors of his. will, and the evidence. of Messrs. Godkin and Shojdice who all three saw'and talked with the deceased the day pre- ceding his death shows that he then desired to make - further provisions than those contained in the; will for his wife's comfort and welfare. It is not surprising, therefore, that Mrs. Kerr is now claiming the moneys de- posited to the credit of the said joint account. Her evidence is frank'and candid throughout and worthy of credence. It is consistent with the relationship of affection that always existed between herself and her'hus- band and his manifest ceslre to pre- fer her:when;, making or attempting to 'make any disposition of his es - August, 1913, when I Exhibit 5 was ' signed by her husband and herself, and that her htsbdnd said to her, "Now if anything hitppens to me you will have that anyVay" and she also states that her inisbhnd told the Bank manager that .if anything happened to her husband or to her, the survivor was to get it (the money so deposit= ed to the joint,scetunt). It is con- tended that Mrs. 7t err should hay'e called the Bank manager as a witne§s, and perhaps she should have done. so, belt it must be remembered that this statement to the Banker was brought out at the cross-examination of Mrs. Kerr, and it may have been that Mrs. Kerr only then recalled. the state- ment. Be this as it may, I have allow- ed sufficient time to lapse to permit the opposing interests to call the Ban- ker but they have not seen fit to do so. It is also contended that Mrs, Kerr's evidence is not corroborated by other material evidence, but I Faye already pointed out that all the circumstances give weight and crbdence to her statement and the document, Exhibit 5, is in itself corroborative of her evi- dence. It states that theretwas at the time it was signed a deposit account standing in the name of Alexander and Amelia Kerr or either of them, etc., and 'Mrs. Kerr's evidence is that this deposit account consisted of moneys contributed by her husband and herself. , The Banker who drew the document recogn zed or appears to have understood -that there was a community of interest, between hus- band and wife, and he recognized Mrs, Kerr's right to the money in;as much as he• paid it to her, on her own cheque after her h sband's death. There has been no et/ dance whatever adduced .to show that, he husband in- tended anything else than that thr • money deposited to this joint account in the names of himself and his wife or either of them, should pass to and become the property of his wife by right of survivorship, not only is such right .of survivorshito the wife the ordinary incident of tije joint interest created, as the said joint account was created, but in this case it is well founded on all the serrounding cir- cuinstances and based' upon the af- fection which the husband bore to- wards his wife. On the facts here, it seems to me that there was at the time of and by virtue of the deposit of the moneys in the Bank,acomplete and perfect gift of a joit title or interest in the money which by operation of law as well as by expressed intention and agreement carried with it a right to title by survivorship, and that the title of Mrs. Kerr and the gift as a gift were complete when and as the deposits were made. Another question which arose upon the audit was as to the ownership of an automobile, though included in the assets of the estate and accounted for by the executors is claimed by Mrs. Kerr as a gift made to her by her hus- band 'the us-band'the day preceding his death. While there is not a shadow of doubt that the deceased intended that his Wife should have the car for her, own use, provided she could learn to drive it, there was no contpiete gift "inter vivos" of the car. There was no delivery of the car to her, and, the gift cannot be upheld as a "donatio mortis causal" It lacks the essential delivery necessary to bonstitute a good dona- 1 tio. .I think the solicitor for Mrs. Kerr who prepared the petition and papers leading to probate of the will, realized the .difficulty there would be in maintaining .the claim' to the car on ,behalf of Mrs. Kerr because as I have pointed out the car is included in the assets of the estate and is ac- 1 counted for by the executors. I am of 1 the opinion. however, that Mrs. Kerr is entitled to be' paid for the repairs she put on the car and any money ex- pended by her in such repairs. I fail to see what' it is going to avail the estate if Mrs. Kerr is deprived of the i use of. 4 the car in question, Her husband intended that she should a have it prodded that she could learn to. •drive and she has learned to drive. Her husband directed her brother William, iliiam one of the executors of the estate in case she could not learn to drive the car to f purchase a horse, buggy, etc., for her t and to build a stable on the property he devised to her. This was his wish the day prior to his death, and though he made no such provisions or direr- t tion in his will, I can see nothing in the will which prevents her from pur-• chasing a car if she thinks it neces- sary for her good, comfortable and 1 sufficient living, and if the income to which she is entitled •under the will S falls short of paying for and maintain- ing a car, I see nothing to prevent her from using so much of the capital funds of the estate as may be. neces- sary for the purpose. (Sign'ed) Lewis H. Dickson. Goderieh, February 16th, 1923. ISSUE NUMBER FIFT1 EN SPRING FAIR,. The postponed Spring Fair was held on Tuesday and despite unfstvor- able weather w t a fair crowd was pres- ent. There were no cattle exhibited, but the class of horses shown would do credit to Toronto exhibition, espe- eialIy„ 'tai the heavy classes, in which there were large entries. The prize list is as follows: Aged Clydesdale stallion—R. Mur- dock,'Brucefield; F. Colquhoun, Mit- chell; E. Johnstone, Clinton, Stallion, 1921, George Dale & Sons, Clinton. Stallion, 1922, Robert Wright Sea - forth. Hackney, stallion—George Riley, Mitchell,' Roadster, stallion, standard -bred trotting stallion—J. Decker, Zurich; J. Decker; John Kent, Centralia, Brood mare id' foal --•1 and 2, C. J. Dale & Sons, Clinton; J. Bolger, Wal- ton. Filly or gelding foaled 1920—Earl Sproat, Kippen Wm. Hill, Varna; Robert Wright, Seaforth. Filly or gelding 1922 ---Robert Doig, Seaforth. Team in harness—D. Fothering- B ham rucefield• J. Rowcliffe, Hen- sall; Manning Bros., Londesboro. Marc, filly or gelding; any age — Manning Bros., Londesboro; W. G. Broadfoot Kipper„ Earl Sproat, Kip - pen. Heavy draught.—Brood mare in foal —Broadfoot Bros., Seaforth; C. J. Dale & Sons, Clinton. Filly or gelding, 1920—D. Craw- ford, Walton; A. Wright, Brucefield, Filly or gelding, 1921-Broadfoot Filly or gelding, 1922—A. and J. Brigham, Blyth; Broadfoot Bros„ A. Wright, Brucefield. Team—A, and J. Brigham, Blyth; S. Sinclair,_Kippen;°James Norris, Mitchell. • Marc, filly or gelding, any age _— Broadfoot Bros.; A. and J. Brigham; Broadfoot Bros., Seaforth. Sweepstakes — Broadfoot Bros.,. Seaforth. General purpose --W. Decker, Zur- ich; Wm, Patrick, Seaforth. Township nrize for 3 best horses— Hullett; Tnckersmith. Single roadster -- W. McLaren, Hensall. ' Single carriage -J. A. _ Manson & Son, Zurich; A. Thiel. • Roadster, team -=W. Decker, Zur- ich. Judges—M. McPhail, Stratford, H. Danoch, Listowel. There were no cattle exhibited. CURLING EUCHRE. The curlers wound up their forty- seventh annual season with a euchre on Monday evening with a good, at- tendance, Before the euchre, the of- ficers for next year were elected as follows: ' Hon. members, I,t. ,Smith and Mr. Downey. President, R. M. Jones. Vice president, G. A. Sills. Secretary -treasurer, Wm. Thomson. Umpire, W. A. Ament. Representatives to annual meeting— W. E. Southgate and ga a C.A.C..A Barber. Auditors, John Beattie, Geo, Haigh, Executive, Ross Sproat,' C. Stewart, W. E. Southgate, W. E. Kerslake. Local skips, W. A. Ament, John Beattie, G. Bethune, K, McLean, Ed, Bright, W. E. Southgate, W. Kers- ake, G. A. Sills, Thos. Johnston, J. Dick, Ross Sproat, C. A. Barber, R. M. Jones. The prize winners at'the euchre were J. McIntosh for games; J. Dick for lone hands; G. Dick, booby. The prizes for the Stewart' -trophy win- ners were given out during the even - ng consisting of medals to F. Rob- nson, O. Dick, winners, and Ross Sproat, 11. Smith, runners up.‘' ST. COLUMBAN. Successful Concert.— The St. Pat- rick's concert which was postponed owingto inclement weather was held here n Wednesday evening and was huge success. The entertainment consisted of a chorus and parade by sixteen young men, followed by a few good exhibitions of step -dancing and singing. This was followed bya Sctcreel and the Highland flinby our little girls. The concluding fea- ure of a very enjoyable,evening was a few hour's dancing to music sup- plied by Ney's orchestra, A meeting, was held here recently o organize the St. Columban Foot- ball Association. The following of- ficers were elected: Hon, pres., Rev, F. P. White; pres., Mr. J. J. Hol - and; sec.-treas., ' J. Moylan; captain, L, Bruxer; coaches,. F. McQuaid, 'P, Stapleton and P. Flannery; manager, William Morris. It was decided to enter a team in the W.F.A. Misses Mary McQuaid, Mildred McGrath and Evelyn McGrath, who l have been holidaying 'here, have re- turned to resume their respective duties., • Married In Toronto. The following item appearing in Tuesday's dailies will be of interest to many friends in Seaforth of the groom, a brother of Dr. and Miss Mackay, of town, who +.attended the wedding. "The marriage of Mrs. Edith Mary Macoun Niven, the daughter of Mrs. and the late James Macoun, of Bel- fast, Ireland, to Mr. C, W. Mackay, barrister, Toronto, was solemnized at the Church of St., John (Norway), Toronto, by the Rev. Canon W. L. Paynes Reed on April 7th, at 3 p.m. The bride and groom will be at home to •their,,, friends at No. 100 Balsam avenue, Toronto, after the third week in April." MANLEY, Mrs. Holden and her son Bob, and Mrs. Joe Mil Cay ay from London, were called to. Mrs. T. Welsh's bedside. Mrs. Welsh is still in a precarious condition, but has recovered of late somewhat.. Wood bees are the order of the day while the maple syrup season is run- ning at its full capacity, but was stop- ped by •a cold spell. ` Miss Agnes Eckart has returned to the Stratford normal school; Wise mothers who know the vir- tues of Mother Graves' Woran Exter- minator always have it at hand, 'be-: cause it proves its veins.. LATE WILLIAM MULCACHY Though far from }ulnae and friends he sleeps 'Neath Southern sward, Over his grave an angel keeps Kind watch and ward; Death only leads our loved away To dwell with God in endless day. The many miles he travelled here Were helpful miles, ; He 'scattered kindness and good cheer, And pleasant smiles; He sought for good and saw the best And trusted Heaven for the rest: —H, I. G. CROMARTY. Mr. Roy McCullough and Miss Lila spent most of the Easter holi- days with their grandmother near MiteheU, Mrs. Duncan McKellar has return- ed home after spending the past week with her aunt in Brussels, Mr. James Scott was in Toronto with a carload of cattle from Satur- day until Monday. Some of his cat- tle took the highestMonday.' price paid on Miss Ethel Chittick, who has been staying with her grandmother, Mrs. Robertson, for the past eight months, has returned to her home in Granton. She has made many friends here, who regret her leaving. NEXT. The next Silver 1'ea under the aus- pices of the Ladies' Aid Society of the Presbyterian church, Seaforth, will be given at the "home ,of Mrs. Robt. Archibald, James street, on Wednesday, April 18th, from 3.30 to 6.30 p.m. Proceeds of this tea to help buy necessary furnishings for the church kitchen. An invitation is extended to any- one and everyone to come and enjoy a social cup of tea, and leave a doea- tion of silver (money). The �RTu+ir:+re�'tu Gift Stora Always there is a call. for some little gift, some- thing by way of remem- brance, or something to express good will, or some of the many oc- casions for making a suit- able gift.. Often it is a problem to decide just what to give. A visit to our store will help you to decide the question in a few mo- ments. 'This is a store filled with a stock just made to suit your gift needs. , It is always well to give "GIFTS THAT LAST" Fred, S. Savauge Jeweler anti Optician Phone No. 194. Evenings No. 30 BEZ TTIE 13ReS.9 t � I Goods Glass Pitchers, Glass Vases, Glass Salad Bowls, Tea Pots, Granite and Aluminum Ware Laundry and Toilet Soaps Specials in OPEN STOCK DINNER SETS Gingharns and Flannelettes Let us shoat/ you BEATTIE- gip24S. acLeod's THE PURE FOOD STORE If a i oo` l of T ea Try Our "ENGLISH BREAKFAST" This Week End Only at 75c Dates, lb. Raisins, lb. Finnie Iladdie Ginger Snaps, ib. IOc 15c 3 for 25e 17c Prepared Mustard, glass cu'p:....,, IOc TELEPHONE 190, and your •o rder will have attention as if you ca lied in person. the same careful:.