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HomeMy WebLinkAboutThe Huron Expositor, 1923-04-13, Page 54411,172,14... .71b 4 J I • • tstM LC4@lh, Ash 4:y rano Dinner Set doorplate forls9:tl0: Mast* Bas., Seafeelh. 28884' NOtes.-Wood bees are the. order of ,the day --Mr's. John Hoiden Offil het .aon, and Mr. Jose* McKay, of London, were called, to our burg of late on account of the serious Mime of Mie. T. Welsh, but her many friends are pleased to learn that she fe somewhat better. --Mr. W. Mo lull had the misfortune of losing only of his valuable horses recently. -Miss Agnes Eckert has returned to resume her duties at the Stratford Normal School. a.• CONSTANCE Notes. -Mrs. Farnham, of Clinton, was calling on old friends Last week. Elliott, of London; spent a few days last week with his sister, Mrs. Thomas Andrew, before she returned to her home in British Columbia. - Nish Thelma Dale spent last week with Clinton friends. • - Mrs. Robert Lawson was called to Godefich this weak owing to the serious illness of her sister, Mrs. (Rev.) Allen. -Mr. Thomas Livingstone, who has been spending the AKinter in California and Texas visiting his brothers, returned home on Wednesday of last week. -- Miss Buelah Scott and Miss Mabel Livingstone have again resumed their duties in their respective schools, al- so Miss Blanche Wheatley has return- ed to Normal in Stratford after spending their holidays at their homes. HILLSGREEN The Mission Band. -The Hillsgreen Mission Band met on Sunday, March 18th, at the close of the service. Our meeting was opened by singing, "The Whole Wide World for Jesus." Then the President, Miss Greta Forrest, led in prayer. The Scripture reading was read by• Luella Jarrett, Exodus 22nd Chapter, Verses 1-15. The Mis- sion Band motto was received from one of the pupils, which is, "Our Neighbors." The Secretary and Treasurer's reports were then given. Th( roll was called in which there was present 18 for the Silver and 16 for the Red, and one new member for the Silver, Jeanette McAllister, We had with us during the meeting three visitors from Kippen Mission Band, Rosa, Dorothy and Fern Mc- Lean. The classes then separated for their lessons, the Senior Girls be- ing taught by Mrs. Lundy. The les- son w a s about John Frederick Oberlin, who was a native of Ger- many. He was a man who was not satisfied with an easy, comfortable life -he IivGd a hard-working life. After the lesson we closed by singing hymn 766. Mrs. Lundy closed in prayer. The Mission Band will meet in the basement of the church on April 22nd. DUBLIN An h7-wece Dinner Set complete for $720. • Beattie Hr,e.. Se,forth. 2887-1 Notes. -Nellie O'Rourke, the 15 - year -old daughter of Mr. and Mrs. Joseph O'Rourke,, of McKillop, was operated on for appendicitis on Sun- day in Seaforth Hospital. Nellie was visiting at her uncle's home in the village when she was suddenly taken ill. -Mr. M. J. Klinkhammer is ser- iously ill. -Mrs. W. P. Evans is visit- ing in Pefferlow, with her daughter, • Mrs. P. F. Benn.-Mr. Tom DeCour- aey is moving to Toronto. He soli bis fine farm on the 11th concession of Logan, to Mr. Frank Bannon, for *8,000 of Windsor. -The buildings are very modern., The house is a, red brick built some nine. yealb ago, 'The farm is in an excellent state of culti- vation. -The C., W. League held ' a short meeting on Sunday last, Mrs. Thomas Molyneaux, the President, oc- cupied the chair. Mrs, E.. Feeney* Secretary, read a card of thanks from the St. Joseph Sisters, thanking the League for donhtions•to Mount Hope, London. -,The minstrel 'show at St. Coluntban on Wednesday last was, well attended. Ney's Qrchestra discoursed many 'familiar tunes at intervals•duringgthe ahoWi and at the close played until 12 ore)4Bk for a dance, which was much enjoyed by' those present. -Master Frank Mc- Grath, of St. Columban, is improving slowly and hopes are held out for recovery. -Mr. M. J. Klinkhammer is not as well as his friends would wish him to be. -High School re -opened on ti Monday with a large attendance.- Ocer eighty candidates presented themselves for instruction for Con- firmation all last week. v SEAFORTH MARKETS Thursday, April 12, 1923. Hogs, per cwt. $10.50 Eggs, per dozen 25 to 26c Potatoes, per bag 80c Butter, per lb 40 to 45c Bran, per ton 528.00 Shorts, per ton $30.00 Oats, per bushel 450 Wheat, per bushel $1.13 Barley, per bushel 550' Peas, per bushel 51.40 Flour, per cwt $3.85 to 53.75 DEATHS McMlohael.-Ln London, on April 10th. Jane McMichael, aged 11 years and 8 months. 0000000000000 0 S. T. Holmes & Son 0 0 Funeral Directors and 0 O Licensed Embalmers. O 0 Finest Motor and Horne 0 O drawn equipment. Beattie O 0 Block, Main Street, opposite 0 0 The Expositor Office. 9, T. 0 0 Holmes' residence, Go erloh O 0 Street West; Chas. Halmos' b 0 residence over store. 0 O Flowers furnished on short 0 0 notice. All kinds of up- 0 0 holstering neatly done. O 0 Phone, Night or Day, 119. O 0 0 0 0 0 0 0 0 O O O O k96NiiU1fiT11iHFii, .0 •.: t, s a r K jn A�Yge lOWuay NsfasrY of ArY wattmnaa. She pa ,$d 1ttYay AS No one knoip l• how much we tabs hers dto one the bitter Halla We have suffered nine we loot her, We has neva• been the eame. The pearly gates were opened, A gentle votoe said. •Coate.•• And wltb lase farewells, unspoken, She gently bntered Home. 2887.1 HUSBAND and FAMILY. JUDGMENT IN KERR CASE • aeafortli, April Oth, 1928. As there have been eo many 'different 4rtorlee circulated in reteroime to the cause 61 the litigation in regard to the astute of rw• lata neaband, Alexander Kerr, I consider that 9n' ivatlso to myself, the judgment of His Honour Judge Dickson should be pub- lished. The Judgment is ea follows,* AMU mut. IN THE ATE COURT OF THE COUNTY ON. ne THE ESTA OF ALEXANDER KEEE• DECD. JUD Upon the passing of the • aceountn of th Entteutoro a gaeatioa areae 00 4o the oblige e ' orris M/ awl Af1Wiry *Mine to aotaakltp dlFnatio., I thins the lei• Um fair Mrs., re, who mewed the lea, and papers Mediµ",a to probate of the :wine Mining the difficulty 6. tee 088 o re would nbeehalfa1 s Mre. Kerr, because as I stave pointed out the ear is' included la the assets of the estate and 1e accounted for by the 8lxetutoro. I nm of Me opinion however that Mn. Herr is entitled to bo •pald for the repairs she put a the car and , any money expended by her In such repairs. I fah 4o see What it to going to avail the estate if Mrs, Kar L deprived of the use of the ear in question. Her husband intended that ehe should have it provided she could learn 4o drive, mut she has learned to drive. Her husband directed his brother, William, one of the Executors In case she, could not learn to drive the car 4o purchase a hone, buggy, Re., for her and to build a etabte n the property he deviated to her. This was his wish tate day prior to hie death and though he made we such provisions or direc- tion in ble will, 1 can see nothing in the will which prevents her from burobeeing 9 TE one if she thinks 1t necessary for her good, comfortable and sufficient 44ving, and if the •income to which' she is entitled under the will falls short of paying for and maiatatp- o Ong a err, I sae nothing to prevent ber from nslna so mush of the cannel funds of the tion of Amelia Herr, the widow df deceased and one of the Executors of his will, to ac count forcertainmoneys whirl] were In Sok Seaforth, rM, Bald Amelia Kerr. Mm. Kerr claims th mons by right of eurvlvorship d an gift from her husband, while Archibald Ker o,.other Executor, and certaln of the e siduary legate,., 'claim that the said moneys form part of the aneeta of the estate of the dee card. estate as may be eceemry for the purpose. (Bird.) LEw1S A. DICKSON, eta ,Goderlch, February 10th„ 1028. Bank of Commerce, ea o to the jou credit of the paid deceased and his wife th join le On the 80th of August, 1913. the deceaed and hisold wife signed a memorandum or direction a which they delivered to the Manager of the paid Bank, and which in ,n the words and terms following, v "To the Manger. "The Canadian Bank o ommerce, "Seaforth. "Sir -,Von have a depth ucoount stand- "ing in the name of Alexan rr end Amelia "Kerr or either of them. and•,-wr hereby a.0 thorize you to pay all cheques diawh u "lour branch by Alexander and Amelia Kerr u either of them and to charge the amount "of thename against the aideo auunt, and "WY hereby confirm the verbal Instruetionu to "thin effect, already given you, and all acts "done by you in pursuance thereof " ISg'd.) Alexander Kerr. (SKd.) Amelia Kerr. Alexander Kerr, the husband, died on the dea of 921, that the time of hid 1, w death at thee credit of the said Joint account w i the Bala Bank the sum of 81440.01 and in eat. On 26th of April, 1921, ,the said Amelia Kerr drew out the said a- mount then at the credit of the said account, viz. 81464.86, upon her own cheque and with the ,.unction anda pproval of the Manager of the said Bank. The hid Alexander Kerr mode his will on the 5th of March. 1921. 11e devised and bequeathed to his wife. his resi- dence and all the contents thereof. He be- queathed 4o her a specific legacy of 8600. ant the whole residue of his estate, he de- vised and bequeathed to his Executors an trust, CO invent and keep i •,.ted during the lifetime of hie wife, and Use income and interest thereof, he directed nhould be paid to his wife annually or oftener as she may renuire name, and further direetd that If uch i ,hould prove iutficlent to pro- vide his income no wife with a good. comfortable a,.d sufficient living, that she cons sr a uch por- tio or portions of his music ortheprincipal thereof an will be sufficient for the purpose aforesaid. Upon the death of his wife the will directs that the Exrcutoro shall divide the remainder. If any, of the estate, equally monist the brothers and sisters of the de- uced who may be then living. It was the apparent and manifest desire and 1ntent:on e( the Testator, Alexander Kerr. that if fry• nary his whole estate should be applied - the benefit of his wife, and there is not a sul'gr0tiun that she u not enliLbd W 011 she takes under the will of her husband. As husband and wife the said Alexander Kerr and n ern Kerr had for yew c ,pernte,l m 'n the work of the faron hich they Mr.:. Kerr faithfully performing her part of the farm work and contributing in a large to the successful farming opera- tions of her husband and to the acquisition of the moneys remrmented ill the sum deposited to the s 1 joint account. ,,decd a portion , the said deposit consisted of money. 8300. or thereabouts inherited by this. Kerr from her father'stale, which she handed to her hus- band to 6e by him 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 great- er part of their herd of cattle was raised, and also brought with her w her husband two plea. one sheep and a lamb which were added, to her husband's live stock. The de - eased wan mast devoted to his wife and their marital relations were most felicitous and marked by strong affection and mutual trust. While her huabend was in health, his wife was his faithful helpmate and hie partner in the work on the; farm. When I:e worn stricken down with cancer, worst of all mnledin, she wee his comforter and nurse. The evidence of William Kerr, brother of deceased, s r®iduary legatee, and one of the exerutore bf his will, and the evidence of Meatrn Godkin and Sholdice. who all three saw and 'talked with the deceaad the day preceding his death, shows that he then de- sired to make further provision than those contained in the will, for his wife's comfort at.d welfare: It Is not surprising therefore that Mm. Kerr is now claiming .the moness deposited to .the credit of the said joint a000unt- 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 husband and his Manifest desire to prefer hc• when milking or attempting to make any disposition of his eatate. flea. Kerr states that the joint account existed prior to the 30th of August, 1913, when Exhibit 1 was signed by her 'huabard and herself, and that her husband said to h'er. "Now, if anything happens to me you will have that anyway," and ebe also states that her husband told the Bank Manager that if anything happened to her husband r to her, the survivor was to get it (the money so deposited to the joint account). 1t in contended that Mrs. Kerr should hive called the Bank Manager as a witness, and perhaps she ehotdd have done so, but it must be remembered that thin statement to the Ranker wan brought out at the croem- exemination of Mrs. Kerr, and it may nave been that Mrs. Herr only then recalled the tetement Be thin as it may, 1 have ta- loned sufficient time' to lapse to permit the osmosing interests to cull the Banker, but the> have not seen fit to d., co. It is also cot tended that Mrs. Herr's evidence in not corroborated by other material evidence, but Ihave already pointed out that all the cir- cumstances give weight and credence to her statement and the document. Exhibit 5, ,s an itself - corroborative of her evidence. It states that `'.herent the time it was signed a deposit account standing in the name of Alexander and Amelia Kerr or either of them Ac., and Mtn. I:err's evidence that this deposit account consisted of mo neys contributedcontributedby herhusband and herself.The Banker who drew the document recognized or appears to have undrwt,od that there was a community of interest. between hue - bend and wife, and he recognized Mrs. Kerr's right to the money, to m much an he paid it to her on her own cheque after her husband's death. There has been no evidence whatever adduced to show that the husband Intenled anything else than that the money deposited to this Joint account In the names of him- self and his wife or either of them, ghoul. pato to and become the property of his wile by right of su •vornhip, not only i such right of survivorship to the wife the ordinary incident of the Joint interest eroated, as the aaiu joint account wan created. but in this mom it Is well founded on all the oorround- ing circumstance, and boned upon 4.!,,,flec- tion which the husband bore towards hie wife. On the fasts hers. 11 Bems to me that 1}ere was at the time of and by virtue of thn deposit of the moneys in the Bank, complete and perfect gift of a joint title 0 • Interest In rho money which by operation of law at well as by expretne,t intention and agreement carried with it a right to Utas by ry nt,lvorahlp. and that the title of Mr, Kerr and the gift as a gift were m- plste when and a, the depmitt were mada Another que,tion which ',neeupon t he n udlt 1,111 las to the o eeehip of an sato- tile , hlrh. though included in the assets of the rotate and accounted for br rhe Ese- rnb.av 11 rimmed by Mrv. Kerr as a gift mode 1., her by her husband the day prem-d- tnr Ms ,death. While there is notabed.",of doubt that 1919' decenaed inlrnd.l rt that hie wife should have the ear for her own pr,vide,l she eould learn to drive it,there aJ,C:�am� HART) TO GET A GOOD STEAK? Perhaps that has been your experi- ence of late, but have you tried STEWART'S meat market? We rather pride ourselves upon the qual- ity of our steaks, chaps, roasts, poul- try, fine cuts, smoked hams, sausages, etc. D. H. STEWART Main Street ' - Seaforth. Phone 58. NOTICE ,Mr. Donald Calder, Assessor of the Town - aloha of McKillop. has handed over to n the aaeessment roll of the Township, and the roll remains°n file inmy office for inspec- tion by thoserequirinto inspect the same. Dated this 11th day of April, 1928. JOHN McNAY, 201.1 Clerk. AUCTION SALES All HUN SALE OF HOUSE AND LOT also good Stable and Household Eltec'-v, in the Village of Constance, on Wednesday, April 18th. at 2 ,clock p.m. The nam • will he sold without rc ery it orderto wind up the ti -tate of thelate Mrs. William McInto..h. ']'sauna. A 11 sums of $5.00 and under. cash. T. Brown. Auctioneer. 208701 IMPORTANT- . NOTICES WANTED. A MAN TO OPERATE THE grader and stone crusher for the Town- ship 'of Tuckernmith. Applications received by the Cleric D. F. McGREGOR. 2887.2 e 0f : s :..' '0 0 W. 3.. W a111Ctlt,t = ,d ral Di- O O ^ rector aliSl ieliner. b O O Motor or 'horde litquipment. O O Cars or Phasets furnished 0 0 '.as requested. 0 0 Day or Night, Phone 67. 0 0 0 0 0 0© 0 0 0 0 0 0 0 H A WARNING] I' hereby warn all Land Owners to look wirer your lana. Now is thea to see which way the water runs. Get your neighbor to the back fence and reason with him. Plan when it is wet; ditch when it 188 dry. When you have made your plans, call on me for particulars, and terms. Let - us talk it over -Why you should drain with Good Clay Drain Tile manufactured and delivered by W. M. SPROAT, m 2886-2 Phone 9-130: 0000 000Q00000 o W. T.BOX &CO. O Embalmer and 0 0 Funeral Directors 0 0 H. C, -BOX 0 0 Holder of Government 0 0 Diploma and License 0 0 Charges moderate 0 0 Flowers furnished on short 0 0 notice. 0 0 Night Calls Day Calla O 0 Phone 175 Phone 48 O 0 0 0 0 0 0 0 0 0 0 <50° PPfrons • Wlth 0' CxeeMeryy,Cans and Apt g POAD nee them to send cream to ua Tool season, will kindly 'return them to the Creamery. These aro our property and only loaned patrons, and must be returned' in good order. - The Seaforth Creamery... 2884-tf ANNA E 'TENDERS WANTED Tandem wanted for the peetlod of a .brit k school house on ( Lot' 6, cession 6, Mc- Killop and Logan Tenders .to be .10 on or before the 18th. of Aprtf. Plans and' specl- aeatione may be seen at the When of Mr. J. S. Russel, Architect. Stratford, or at Ma residence of Mr. Edward Horan R. R. No.5. Seiatortb. 28864 Drain Tileand Ditching Machine. If you like a real. try our EngliSIi Tea, this week end 0l E The next two weeks .wi f�.e roni weeks at our store. We a j' featuring Lion Brand, of Camidtai make, which has recently won th • world's highest honors for quality. Try a package at We have a good stock of Drain - Tile _ on hand in sizes from 21/2 inches 'up = tb 8 inches. Anyone wishing to have the Ditching Machine, call on us for = particulars. We will also deliver tile. _ KRUSE BROS F. Finnan Haddie 14 ounce tins, 3 for... Phone 2 on 160. R. R. 3, Seaforth. = Raisins 2882-6 c _ - per pound..... = Dates Thrift consists in spending less than you earn. If by careful economy you can save money, you have taken a long step toward contentment. We pay interest on Savings bal- ances and shall welcome your account. ew THE CANADIAN BANK OF COMMERCE PAID-UP CAPITAL $15,000000 RESERVE FUND - - $15,000x000 SEAFORTH BRANCH, J. G. Mullen, Manager. 58 00 CHEAP FEED Chieftain Mixed Feed, Q �j per cwt- ......r.-.. ................. $1 .61/ O ................. E Clansman Stock Food -- Mper cwt................ ... ................ Low Grade Flour ... .••••$2.00 58 EGGS FOR SETTING. -FROM BRED -TO- , ,, cwt Lay S. C. W. Leghorn°, 81.00 per setting. mm C. H. HOLLAND, Crescent Poultry Farm, a Limit. - Seoforth, R. R. No 2. 2888x8 -o b Rov .M111S.sF a FORTH SEED BARLEY. -FOR SALE A qUANTITY of O A. C., No. 21, eleen seed Barley. Phone 14' on 234. or address R. R. No. 4, Walton W. T. GRIEVE. 2866x2 WANTED. -TO HEAR FROM OWNER OF good Farm far sale. Stete,eatsh price, full particulate. D. F. BUSH, Minneapolis, Minn. 2684x3 SINGLES. -THOSE WISHING TO FUR- ohase Sh,Lgles for spring use, before an advance in price, pleated phone Stour Mere to BERT IRWIN, 19 on 616, Clinton. 28854 BOAR FOR SERVICE, --HAVING RECENT- iy purchased the pure bred Tamworth "Chemawa Favourite" (16995), his services will now be available to anyone wishing to Improve their hogs. Alec a young Tamworth boar, "Woodburn Ringmaster" (16946), near- ly reedy for service, for sale LAWRENCE FORREST, R. R. No. 1, Brueeaeld. Phone 10-06. Hensall. 2883-tf F•6R SALE. -THE PURE BRED .CLYDEB- dale Stallion, "General Miller,' No, 21168, as I' have no help suitable to handle this horse and am alone cm a#00 acre form. I will sell him at a price where he will I nay for himself thins eas . He rising h years old. sound andright in yery wry, and an extra good looker. He isin gaol healthy breeding cendition, not fat; weighs over 1000 IM. now, will make better than a 2100 home when matured and in .haw condition. Come and look him over. the butter judge you are the better you will suit me. Ta)k horse and I will give you the Fest bnv in Huron County. The horse 1a,st- ' ness back and coming feat; ir. it he�coming e now for the big, sound, clean fellows ED. JOHNSTON. Clinton, Ont. Route No. 4. Phone 8 on 836. 2887x1 DOMINION Stores --Limited Plantol Soaps 3 cakes Laundry Soaps 3 bars Ginger Snaps per pound Back Bacon / r per pound ........44c Breakfast Bacon per pound _.... Sugar ..,1.05 10 pounds Maple Syrup 2 0 Wine gallon `j9 Pastry Flour V9c 24 pounds y Lard 19c per pound 25c .23c 15c Delivery to Any Part of Town fps _M M M W M W M W M W W M'L Farm Produce Wanted F. Highest Prices Paid For CREAM -- EGGS - POULTRY' I will have a Truck on the road to gather F. your Cream for the Seaforth Creamery, and guarantee you Highest Prices and Prompt Ser- vice. Patronize your Creamery in your own community. I will also gather your Eggs and Poultry in season, paying you Top Prices at all times. George Lilly Spring Weather Suggests Spring Footwear. ▪ For the Ladies, we have everything new _ and up-to-date. Heavy Work Shoes for Men. F. • Sturdy School Shoes for the Boys and Girls, - • and Dainty Shoes, "made in Seaforth" for F. Little Tots. 11111111111111111111111 FRED W. WIGG ,,tt``qqy,'' kora 8 :-.. ;,at136582+,�iCt,sllei ii '25c5c 4. 1 ...1Oc IOc 15c 1 10c per pound Prepared Mustard = in glass cups........, ... Ginger Snaps aper pound ..-e., F.. Soap Chips E per pound ,. 5 DISSOLUTION SALE Closes Saturday, April 14 Youths' Overcoat to clear 8.00 at Men's Fur Coats, two $18.00 only, ularPrice5 .00 forMen's Ofld Trousers, , reg - $42• V Men's Odd Trousers, reg- $31� ular price $4.00 for • Men's Odd Trousers, reg- $2.75 eg- $ 2 7 5 ular price $3.50 for • A full line of Men's and Boys' Spring Suits. A number of Ladies'SpringCats 'Phomas Ferguson Successor to Ferguson & Company, Seaforth. Favor Us With Your Next Can of Cream and BE CONVINCED THAT SILVER - WOOD'S CREAM MARKET IS ALL THAT WE CLAIM. Guarantees Accuracy - Service - Price -Ask One of Our Patrons- Silverwood's,Limited London, Can. Isaac Hudson, Branch Mgr., Seaforth Phone 162.