FEBRUARY 25. 1933

BEANS

REGULAR ‘SATURDAY. spiaciAi.

2Q; QUART

10c loaf. .

BREAD. "The staff of life" Stewart's whole wheat bread for all the family.

PIES

A delicious assort- ment of Pies ‘at popular prices.

Phone 211

STEWARFS BAKERY

PASTRY

For all occasions and the kind that meets with the ap- proval of connois- seurs.

Kent Street

dUDGMENl irnowil wiirgisr

liis Honor Judge H. L. Palmer, of the Hobato Oourt has given judg- ment in the matter- of the estate of Charlotte Elizabeth Dower, o! Charlottetown and formerly of Mer- maid. She had made two wills, one dated the 1st of December i931. ueorge J. Tweein/ and John I. Wood being the executors, and the second dated the 16th day of July, 1932, of which Rev. G. Carlyle Weixit/er‘ was the sole executor.

Two caveats against. the July will were fyTéYi, one on behalf of the executors and one by this trustees of the Prince Edward Island Hos- pital through their proctor, Mr, R. N. MacNcill, K. C. this hospital be- ing the r-esiduary logatee under the

1rlier will.

1n the caveat fyled by the execu- tors of the December will, the cap- acity of Miss Dower to make the July will was expressly challenged and it was also cxipressly alleged thatthe will was procured by un- due lirfiucncc. No allegations direct- ly aiftciiirg the execution oi’ the July will wcre nifidc.

In the Decerriibcr will Miss Dower bequeathed legacies; totalling $2,900 in varying amounts to six named legaiecs including the Church of Scotland at Mermaid and the Prot- csiant Orphanage for $500 each. The Prince Edward Island Hospital is bequeathed the residue of the estate variously estimated to be iliwxvartis of $5.000.

In the luluir- July will, irii-h the exception of the hospital, which is not mentioned, practically the same licqucsis’ are made with some vari- nlions in amounts. The Church at Mermaid and the Orphanage B"? treated alike in both wills. The ‘iily will, however, gives additional

.acles, the ones 0i’ interest belns ZLOR Church, Lottie Mhclvaughton and Rev. Mr. Webster $2,000 each. also to the session of Zion Chine?! $l,000 for the education of S0008 rncnlfor the ministry or for $011118 \‘.'i)lll(‘n as dcnmiresses in lhc Pres- hvlrrlan Church.

‘fir? cviclcircc showid ilvl‘. Mills Duwcr was forrricrly iii the scrvlcc of the lai-c Jnnrcs ‘R. Faflllllllir$°n of Mermaid. At hi; funeral and lat- er in the hospital where she was irisltcd by him at flu. rcqlicst of a third tierson, she became acquaint- ed with Mr. Webster, and tflllllll him of hcr intention to come t0 Charlottctown, requested him t0 visit her at Mrs. MaoNaughtonh. She seems to have held Mr. Web- lter in high regard and b98an at- tending Zion Church 0f which he Was pastor soon after coming i0 town. sirbscqueirtly she bSOBme a mcmlbor- of the church, and so far as her health trermitlnd attended

lie services regularly and joining

the church's social work and activities. .

Eearly in March .5110 expressed dissatisfaction wltlr the December will to her next door neighbor and lurascquently she had a new will drawn up.

Evidence was given iii connection with the circumstances which held

IiEfl-EACHF. INDIQi$TlQN Qlllfilll! relieved by D-ittmilfi , ltllmirv :1- lll/llz ml l6

to her changing her will,

Judge Palmer found there was n0 evidence of undue influence on the Pa“. 0f Mr. Webster or M1‘. MM:- Kinnon or on the part of anyone in connection with the changing of the will. .

Evidence was given by a Mrs. Ffltlleon and Mr. Wood. one of the executors of the first will as to the conversation which they hird with Miss Dower and in which the latter made some statements re- garding Mr. Webster's attitude to- wards her. lvh’. Webster denied that there were any actions on his part towards lvfiss Dower as sirggestctl in the evidence, ilrat he did no more than give her the same at- tention in his periodical visitation-s than he did to any other church members on whom he regularly called. '

With regard to thc competency of Miss Dower to make it will, the caveatnr-s produced as a witness Dr. Seaman, who said that she always struck him as being mentally de- ficient, that she had the mentality of a child and was not flllv MOW capable of making a will than a child of ten would be.

On the other hand, Dr. G, F. Dewar, her attending physician, testified that he had writncssed-illfl execution of the second will and that Miss Dower} mind was clear. without any indication of mental weakness. He saw-l he would make the statutory affidavit that. she “~35 or sound trsposing niind and memory. i

Joseph Power, hei- neighbor, for 20 to 25 years, said she was ra- tional in conversation. He ivonld not, consider her mentally deficient but agreed with Dr. Dewar that yhe was easy going-

Beveral other witnesses stated that. she talked rnilflllfllly and m‘ telligcntly. ' '

Tire only infcrcncu drawn, said Judge Palmer, L; that she had a disposing mind and memory and u clear understanding of what she was doing and what she wished to do when she made the July will.

Mrs. MacNaughion. Donald Mac- Klrmon and Mr. Webster testified ma; when Miss Dower announced her intention of chanlrlllfl the Wm so 0.5 to Rive Si. bequest to M11 Wob- i/ter, the last named bcsflligllt l!" nQt, to, as he did not desire it. Mi‘- iviiii-rdiiiiioii testified tun. he iirri- loft Mr. Webster's name out of iho licsl. of bcrrvliciarics. On rcudiiil! the draft will to Miss Dower in (hi? absence of Mr. Woéstcr, she in- quired about the omission. and nu being glverp to understand that she could not give the inoncy t0 Mr. Wcbstcv in any other was’. slw instructed ‘Mr. MaeKirrnon t0 in- clude that bequest in the will. which Mr. MacKlnnon did Wilh- out the knowledge of Mr. Webster.

ln his judgment, His Honour said: “Of there being undue 0r even any conscious Or intentional influence on the pert of M" WM)‘ sler or of Mr. MacKinnoir in rc- gard ‘to hcr secular affflirs. illml is not a seintiilii of evidence."

He therefore pronounced for llic July will and held it tn be valid. and issued prcfratc to Rev. Ml‘- Webster, executor on application.

His- Honor said the only question on which he had any doubt was as to the llabdity for coats. After quoting certain authorities in this connection and stating that having

THE CHARLOTTETOWNA GUARDIAN

1i

PAGE NINE

M T’L. CURB

(ClIIfll-"llll Prue)

would seem to be Ullwhfrallted ilaste in making the charge agiingt, them and undue persistence in pressing it. .

He also stated that there is great Pfflpfmderance of evidence to Show Miss Dawn's dissatisfaction with the old will and a mani-fest- desire to make s. new will. This was not necessarily known to the cavcators and they may well claim that the statements made to Mr. Wood and M115. Ferguson entitled them to View the latter will with suspicion and demanded that it be proved in solemn fomr.

To that. extent the conduct, of Miss Dower in making inconsistent and conflicting statements in respect_ to her will may be the cause of this litigation, but that did not entitle the cavcniors to press a. charge ol undue influence against Mr. Webster and Mr. Mae- Kinnbn. Considering the evidence and the conduct of the proceed- ings, as a whole, the caveators are not entitled to be paid the costs out of the estate, and it i3 not without serious doubts as to their liability that he did not impose on tlicin the executors‘ costs,

‘In the course of his judgment, His Honour also said:

In these proceedings. undue in- fluence was expressly charged in one of th‘e caveats and Mr. Ma:- Lean, counsel for the executor went into the evidence on that is- sue in his examination of the two attesting witnesses but; elected to close his case after putting on Dr. Dewar. Mrs. McNaughton and Donald liliicKiiuion without call- in-g Roi’. Mr, Webster the sole ex- ecutor, and the one against whom the charge of undue influence was mainly directed. The executors counsel was quite virltliin his rights in inking this QOlIYSB but as the opponents to the will pointed out. it had been indicated that the ex- ecutor would be called when Mr. marKinnon in his evidence speak- ing of the sevziral charities the former had suggested said. “Prob- ably he rememibers better himself but he mentioned several," and on his cross -examina.tion said. "I think word came through Mr. Web- ster. I don't know wirethcr any one asked him. l-lc can give evi- dence 0i’ that."

This necessitated the cavcatms pirttiiig iri such evidence as they had against the will so that the)’ might havcan oppnriiinii-y of Eel-- ting such informatori as could b0 had from a cross (‘Xa-lfllllll-lilfin 0! M1". Wcibslcr when called to ah- s\vei' their casc. The cavfifiiflfs stressed tiic fact also that not 1m- til aftor they put on their case was the evidyce oi McDonald Mrs. Ward and others, irrdcfPfindl-‘nl uriincsses, given as to Miss DOW-

orfle, expressed inicniions regard- ing Mr. Webster. Mr, lViacKinnon and Zion Church.

I am not lioivevcr much imirrcss- cd xvii-h this latter ecmplaint in ithe light of till.‘ undisllllllfid evi- dence of Joseph Power that, a inight 0r taro following the com- mencement of these proetlfdinlz‘! and manifestly before the conclu- sion of Donald McKirrnon's evi- dence, Mr. Twccdy" accompfmifld by counsel for the hospital called on Joseph Power at Mermaid where the lriiter rcintcd to him ihc con- versation hr had with Miss Dow- cr and which is s"l. olli- "Tlllliim cnrlicr in this judflrnicirt.

considering the evidence and the conduct of these proceedings as a whole, clearly the cavcutors are

'nnl. cnlitlcd l0 be paid their costs

out of the estate and it is not. with- out serious doubts as to their lia- bility that l do not impose on them the cfittiofs costs. Indeed ii Such air imposition of costs were rrocesmry for the complete exoner- ation o: Mr. Webster and Mr. Mac- Kinnori from the charge of undue iillililfllCO-lbllt it is not-I should not hesitate to order the caveatnrs to pay the costs. I have decided to make no order for costs. Accord- ing to ihc practu-e of i-hls Court in the circumsiaryg; the executor will have ills costs out of the cs- Late.

regent to the standing and perit- ion in their respective spheres of activity and in the community Benerally of both Mr. ivelxater and Mr. MacKinnon, bearing in mind

‘ ‘we serious nature or thc charge

of undue influence brought nggingt thfln. he could not torfiresr from l-‘Olnting out that with such vague Ind inconsequential evidence, there

f" S

Ti

visiiiniii iiicii MARKET illllllllllllNS

itlorrected For Every

Wednesday and Saturday Issue '

FIIYOIBIIIB'WQHCIIEI\ and good sleigh- ing accounted for a large lnnrkct yell- li-riliiy". Eggs showed n tlccrcnao iii prlccs_ rielllmzult '20 nnil 22 cents u ilrrl-cn. Ihrltcr IIIIVIIIIIVH] twii r-cntn iivi-i- the previous nirirkct day selling nl ‘.34 cents. . .

Fellini-lug were tlie average prlccn quoted;-

Pel-hnso 4 lbs Uarrots 4 ll . ,, , Lciiuce~ . . . . .. Rplniincll .

Valery Inimi- Flirting Apples , (‘linking Applcg Peck . , ltcil (‘iililnigi- . Onions l0 pniiiiils Dairy and Poultry Produrtn Eggs ... 2U to .. Rutter . . (‘ream . (‘hlckcn .. Ducks

Roast. Liiinh Itnnni. llccl‘

ltnnat Pork ltoiist Veal

(‘hops Lamb Liver lh Phnps Pork . Ill-aria lli ‘rlbllflllihn’ v-ni-Ii ltivunil slflllk

Sirloin Sit-ilk , , , , ,, 20.; Produce Hny . . . . . . . . .. “irnw Oats . . Furnips his

Pulnlo-cls T. .

lbry (‘oil Eels .. Fresh Haddock

ii

MINING

(Canadian Press)

(‘nlumiirlo . liornc lilincs INBridgil Fell kirk ilnhlrrln .. (irimiiilir . llurkcr llolilnger lluincislnuii . ‘lll\\l'_\'

.\lc\\':illcl‘s ... lfi-rliiriil . Mining: (‘nrp ... ... ... . . “riff Ilrlli . ..

lilosa Mines ... Nlurpliy . . . . .. llr-Vlllle .. ... . Ni-ivhec ... .... Xlplsslug Nerniriln . .\'uriii Fun (lid Unliiny fllgn llll Plotter-r Prenn-lr Pros .\lr K‘ i

v Nil‘ .-- Hltiiiucinin Ht Alillinriy

uni-it iiiiéiiés 'f‘n\vri;:inii<r l" Kirk

‘viuflfty <‘ Wright Ha Rilvcr 'l‘oiul stiles anyone. UNLISTEII

Iiiillaii- . . ll Xliss-nuri ... Fen .\lilll l‘ l"r\|>|\1'l‘ . .. iwiiiiiiriiiii h‘ l'li“l‘ti ...

unoiiflsli IinIcr0\\'_ .

Kirk lluiii Ilnkc Mflrull Lciici Urii Rliilrtiliti- Night lllink Potter .. Preston ltllmgo ... ltltclilc Ilnhli limit So Return . sud Cuiiliict .. .. ..

._i._._.z~_i.

N. Y. CURB

Flinn-his .\ll|cr l‘_viln l!

Ami-r siip luini-r . All Una ximl l-li . Pun Marconi Wiles Service El Bond nnil Snare Fold of Canada A Imp Oil .

Nil: Hui-l w, ...,".'.,".‘..' ..,._.'

5fi35craliu2aunaiocnaraavcuvs

Pivotal New York Stocks

(Canadian Press)

Fllirliu

Alli-u viwiiiii-iii .\il| Illlll i» p0“...- __ .\l|l .~ii...|,;,.._. _ >_ .\iu ’|'-l rim] '|'¢.| ___ .\'l.'ll'lllilli'l , , .\l<‘i|l-.i‘>|i _, _

.\lliilil'|| \i...g.','__ __ ' " ‘i-"Wl" l'r.v i" l’ i:

lirll l-‘onil! . inn lliiiiii-e H liil llwfvr-lci‘ ,. liii ,\ .| __ ‘..ii |'i4~=|'|ll|

\ v

vviiiml .,

'_ I illlrril

‘Irv lllllf liiiini ‘~ ininii

ri

s iillilllfll‘ iilllll li

ffflr. r: freal

Stock Market‘

(tliliauliiln I'm-sh)

film-kn lti-ll '|‘,.| iiriizilinn

Nut “HWY . ,,, ,,, "Inter "Orr . 1

Uni-lice Power . 1'; Slirirvinlgnn ... . wit‘ Winnipeg l-Jl .. 2H,

GR_ALIN

(Firnmllun Press)

\\'i.\.\ll’l.ii, m. ‘.'l-

cnosrr ' 48!}; July 4f)l_§A; Oct ~11“: July fliilia; Oct Oct

‘i liar “Juli; July 2M; I crlsli i-itlcrss

Wheat: No 1 hard 481/4; No l iron V4[l"‘l: No 2 nor 44%; No 8 nor 43%; .\o 4 nor 41%}; No fi 391/4; Np a 37%;

fr?" 333-3; THICK 40%; No 1 din-um U .|v

2i zNri 3 C W : .\'n 2 fccil 20; Ile- p

ZNoQCIV

.l~ Ililrlrgv-"hfriltlrig grades ti row ex 8 f‘ \V Zlliii: ‘J row ex Ii f? \V 321/‘: fllhr-r dos Nu 3 C W 27 w - ' rs t; \v 241,4;

EXCHANGE

PrcM-l

». JL-llrillrii and in rcliiiinii in filo _ flu i-iiiiipilml Iiy lhc Iloyiil llniil: oi‘ (‘iiiiriila riolctl iuilny it: fullons: — Argentina pesii .2130. ‘ Airslrullii pfillllfl Rmzil lnilri-ig . (‘hinn lliini: Km Fzcchnsliiuikiil crnivii licrimiirk itrniie .l._\‘lti. France franc .0i7l;. Ifiulnnil flurnrirk .0470. Germany ri-li-lisluark .‘Q\.§ Grout. Iiriluiii pnunil -l. Greece rlrnrlinvi ,iiilllQ_ ‘lliilziud flu-An

.‘.'l\\. lllllilT lllii pniinvl

Jiillfl. 3/3563.

Spain imselii . Sivi-ili-n krone , s0.

Fnuili Afrv-ln pnuud ~l 080i. Swlizcrlmul franc 3min. l'iiiicil Stiller: dollar 20M, premium.

PR 020015

n Pres») \|II\ I llll.\l._ v '.‘l |'rn---,< i'i.'-.ii on v “will il |\l'lIli||\'l~ v market ti-il. ~i \\‘i'l'l‘ ii

POICDHL

if uuiiil ‘ h. lil iiuil

i|lL'“Ii. fresh grade

iii i-iirli-L-i Ur-‘IP-‘F selling iii, ‘.11 Fl'l|l\' first ut ls In lti vents, pnlli-is ul l'i' lib is ccuia and vim-buds

iii. lli l0 1T \'I'IIl5 a iliizeii. lincclpts

(“IXIIHPP “IIH iiiiiiiini iii

“Little Flower Girls Remember Their Director

6i

_ _

MANAGED av isriaciAusi-s

E

Isn't it worth a smell he to have your lWJneily managed by men who have mud:

—5

I2

si/Tii f '

' ‘24ih instant bctwccii 4 and 5

sincerity of which accompany it.

Tlii: members of the Little Fioivcr Guild iiitertainctl on ‘Ilrurstlziy, the g‘. clock ur the Assembly Hall of the BilSiiiiiil, their devoted tiprrituui Di- rector, Reverend Moirsigiiiir plant-m; MCDOHHIG and presented hiiii with a. Spiritual Bouquet and ii silent of Roses, also an irdclrc" 'liiu Stair-rt- ual Bouquet was presented by Mary Mwrhv. the srieiir of rim-s by Con- stance Leighiizer and tne uddrcss was read by lvInr-y Alice Hiiiigirtnx.

Monsignor IUCDOIHUU replied very feoliugiy to the cirilclrcn and iiiaiik- ed them for their" kindness arid the nicely arranged cirtoriurrirnclit.

T0 Oin‘ Bclovccl Farther, Right Reverend liliiui-ire lvli-Lloirihi llflfvfflnd and DCZH‘ l-“iiiiicr: ~

We, the Members of the (jilllrl tit the Litllc Floivcr" of Si, Dllllfiliilhfi Basilica, Charlottetown, wllh rowful liczirls gather horn l"iri.'.\' i.) Incl iurcivcll to thc ciilidrclr.‘ lriciiii "Father Maurice."

0111' Willis lives have on many occasions bccn gliiddciietl by -ilie loving kindness of you, dour Father, and our liitic Socit-iy cvpy {pit strong and energetic under your protection and guidance. You iriive indeed suffered the little ones to come to you, and, as a loving Fa-v ther and lruc friend, l‘llili'lil'l‘tl _V(lill'— self to each and rvi-ryiiiiv.

As we Little Flower Girls sit in our classroonis in St. Joseplrs and- Notre Dame Convents, and romp around our school-yards, our hearts will always (eel with graiiiucic to you, dear Fnihcr, who has licipctl the progress of education in our fair City.

Our childish language can very imperfectly express what we would like lo tell you of our‘ hcaris’ grai- itude, sorrow, and good ivrslics fur one who has lavished his gifts on the lambs of the Master's flock.

May our little offering, dear Fa- ther, bc lo you n token of our zlficc- tion and love and also zi plccllzc of the prayerful wishes

flflr.

Through your kind advice, and sympathetic understanding of child- hood and its endeavours. we have been brought ircnrcr to the heart of Our Dear Lord where we shall al- ways continue to plead for you in prayer, invoking his choicest bles- sings upon you in your new ficld of labour.

You are leaving us, tlcai" i-‘riiiicr,

and as'you enter upon your new duties in your new home, we ask you not to forget. us, and each time we enter the Basilica, have helped to build and bcziuiifgl, we will ask our tratroncss Si. Ter- esa to assist you in your good works, and when your days of labour are o'er may you enjoy eternal bliss and

which you

happiness, administering before iiic throne of God. We are your faithful Children, “Guild o! the Little Flower.’ Mrs. Margaret Murphy, Sedy.

, HOCKEY

Thursday afternoon at the Arena the Commercials of l‘. W. C add

ccl anoihcr viciiilflv i0 their i002 list of triumphs. \\'l1(‘ll they look into camp to the tune of 7-2 an

all star team from U. C. C. anti C. B. C.

The All stars- played a great game, but, the first. ‘lliliillf; for- wards 0f the Cominrr"ri1iis inrcilicr.

with a. stone wail defence and a stellar goalie were too much for them. '

For thc All Slaw: 'l‘;~;.iiv: iillii Hunicr were <iiiis‘iiiirini: |‘-\,\'l"l‘ as a defence Illllll is one ni- lliv bei- seen on local ice tlii: iviirirr. and he surc handed oii‘ plenty of checks 'l'hurstl:i_v Jonah told ilic boys his ~l::ri ~ ivirs

loose or lie should lrnvc flilii" iiiiirh better. Wcli better pii-k ricxi. iinic All Stars.

‘k . - ~ goml iiiit

\rinlnn . ... ... l0 PXIIPFIFIIPIW]. llm-v-iptg I‘r'n<| Ore 1m llny-ziliiir m," illil ions livid atcnily nt l0 Yi-iiiui-"s 11p iits for fresh or recent ninkc Ylckers ... '_"_' uvliircil iiuil lllj in 111L- rciii!