Norwich Bulletin Newspaper, August 25, 1915, Page 7

wmmummmw Company of Providerice and by the United Workers of Norwich—Court Asked to. Appoint Trustee to Hold Legacies Claimed by Rock Nook Home—Oppasition by William B. Eccles of Lancashire, England—Decision nwmammwwc . Judge Nelson J. Ayling in the pro- _bate eourt on had before him N decizion two petitions relating to | Eccles' will. One petition was 'by the Rhode lsland Hoepital Trust /Company of Providence, R. I, the oth. er petition by the "United w‘m ot Norwl@n. In the will & X of 3§80, to the Rock Home for cmrnn anl two thirde of the re. |maind legatees for a large 'l‘hu Rhmle Island Hespital pany in their petition ask m. s::bu- court to appoint a trustee un atute for the Rock fes to which trustee so npwnnc Trust Company ask ajthority to the legucies given to un Rock Nook Home. To Appoint a Trustee. In the petition of the United Work- ers they ask that they may be ap- pointed the trustee to take, hold and administer the funds given to the Rock Nook Home. Both _petitions claim that the Rock Nook Home for ‘Children, not bein; corporation as described in Mr, les' will, cannot take directly the said legacies given to jthat home, and that they are in doubt as to whom those legacies should be pald, but belleve that there is need ©of the appointment of a trustee to take {such legacies to carry out the intents jand purpose of John Eccles’ will. The jclaim of both petitioners is that John Eccles in giving the legacies to the ock Nook Home, created a trust, but falled to eppoint in his will a trustee |{to take the same and that on ac- ‘count of that omission the court of iprobate has the right and duty to ap- {point a trustee to whom the Rhode Is- Jdand Hospital Trust Company, = exe- jeutors, may pey the legacies of over 1$200,000 for the benefit of the Rock Wook Home, Opposed Both Petitions. In opposition to both petitions Will- fam B. Eccles of Preston, Lan England, the only brother of John Eccles and his sole heir at law, ap- peared by his counsel and objected and raised e objection that the Nook Home for Children was not en- titled to receive in any form the le; ucies in question. The claim of Will- iam B. Ecclg; is_that he is the only heir of John Eccles and is entitjed to receive as his own estate said legacles clalmed for the said Rock Nook Home which 13 aileres are invalid. In making his will John Eccles Eo!ed that the Rock Nook Home hildren was a corporation and gave the legacies to the home with that anderstanding. It turns out that the Rock Nook Home for children is not and never was a corporation but is an institution | C swned and controlled by the United Workers, who are themselves a dis- dnct corporation, and have given to them separate legacies by John Eccles’ will @s their own, about the payment #f which ghere is no contention. Question of Legal Construction. The whole controversy rests upon lhe legal construction that shall be ven by the court in the circum- ices, to the will of John Eccles per- Rmining to the Rol:‘: Nook Hi t the ° no trust whatever Hlk‘ Pl ity &mmud M trast there can be, there- W m&‘\om\hm m~mmmn¢mu‘u m,.mmufi the United ‘both claim tha: In the gitt public nature that must l’ al Ja unonunontu cu\don the other. Many Con: t cases of a kindred nature decided bv the Supreme Court of the state, were cited’ and urged both sides as settling the questions in= volved. Claims Court Has No Jurhdl«lon. Willlam B. Hecles flled in the nature of a plea to tm J\lfl.dh:- tion of the court, claimi that the Probate Court had no risdiction whatsoever over the two petitions that had been presented; that those peti- tions asked in effect and required the court of blt. to construe the will of John Eccl that the court of probate has no mht ‘or authority to construe a will on any direct application solely | had brought to it for that purpose, inde- to pendent of a vested authority in the court, that is being exercised to which construction of a will comes as requi- site and incidental. ‘The counsel for Willlam B. Eccles claimed that the direct authority to construe & will was vested exclusively in the superior court as one of the equity powers of that court, and that decisions of the highest courts in Con- necticut had repeatedly held tbat the court of probate could not assume that authority and power, so that the two petifions before the court were without legal sanction and opposed o the Connecticut decisions on that sub- Ject. It was urged by the counsel for ‘Willlam B. Eccles that the dispute be- ing oue requiring the construction of a will to ascertain its legal meaning, it was the duty of the Rhode Island Hos- pital Trust company, the executors, to proceed by petition to the superior court to construe and define the true meaning of the will and the true and authoriated respective rights of the parties under it. It was also claimed that the case had not reached in the probate court the stage where any vested authority in the probate court was being exer- cised to which construction of the will was requisite and incidental. Varijous other objections were raised to the proceedings in the probate court by the petitioners that appeared to be r | of equal importance to the ones men- tioned. Adjourned Until Next Week. Arthur M. Brown of Norwich and Lawyer Collins of idence appear- ed for the Rhode Island Hospital Trust ompany, the executors, John P. Huntington represented the United Workers and the counsel appearing for William P. Eccles were William H. Shields, of Norwich, Charles W. Gross of Hartford, Hadlai A. Hull of New London and William H. Shields, Jr., of Norwich. The matter was fully heard on the legal questions that were raised. A hearing on the facts involved in the two petitions was not had, that hear- ing being entirely dependent upon the decision. that shall be rendered by the probate court on the questions raised l-tonie’urudlcuanottheprobfe ts ones | court. The probate court reserved Fith restricted provisions as to their Ise; that the provisions ot the will decision and adjournment of the court was taken until Saturday, Sept. 4. New Pest ’l‘oastigs’ Thenewmedudofmmmm a new- the employe was still disabled and if so_the extent of same. received on Jan. 26th having develop- ed into a case of leakage of the knee, and stated that claimant had rather lost confidence in his knee and that he did not consider him able to return to his former employment unless an easy position were secured for him ‘where he would not be obliged to re- main on his feet all day and where he would not have occasion to go up and down stairs. Another physician, who had been called to make an examination of the claimant's knee about three weeks previous to the date of the hearing, testified that he did not at that time find the knee swollen, that the actual measuremens of the injured leg were less than the other, which might have been due to the elastic bandage which he was wearing, that there was no fluid there at that time and that he considered at the end of six or eight months after the injury that claimant should be able to do something, and that considering the nature of the in- jury he considered it would be just as hard for a person to start in and work in two years’ time as at present with a knee in the condition of tie claim- ant's. It was suggested that the respondent endeavor to find some employment for the claimant which would be suitable under the existing conditions, that the claimant make an effort to work at least part of the time, in order that he might find out just what he was able to do if anything, and it was ar- ranged that same should be dome, the claimant stating tis willingness to try the plan suggested. @Whereupon, it is hereby awarded, adjudged and decreed that the re- spondent shall pay to the claimant forthwith compensation due up to the date of his return to work and then if it is found that claimant is still dis- abled that compensation shall be con- tinued on the original hereinbefore, and that this award is subject to a future hearing if same is found necessary. LYME MAN GAME WARDEN. James F. Bugbes Appointed for New London County. Fish and Game Commissioner John M, Crampton returned thorities of that state on the subject of the federal laws with the view of bringing the state laws of Connecticut and Maine into harmony with them. Mr. Crampton reappointed the follow- ing game wardens, one for in the state: Hartford County—E. Linn Pease, of Enfleld. New Haven County—David H. Clark, of New Haven. New London County—James F. Bug- bee, of Lyme. Fl.lrfleld Com(‘y—wllb\lr 8. Bmith rwllh Litef County—Isaac P, Horn- deck, o{ Ynfll Vflh‘ Windham County—Arthur L. Day, of_Danlelson. Middlesex County—James H. Footit, of Middletown. Tol it W. Avery, of Som- ers. Warden Pease, of Hartford county and Warden Smith of Fairfield county are the only two wardens which are under salary. They receive $2,000 a year each and ex other ‘wardens are pald $3 a day for actual service. r. Crampton also appointed the protectors, twenty from each g:unty. The protectors are paid 32 a y. It is understood that the fish and game commissioners will make a re- quest to have their department ex- empted from the operation of the civil service law except for positions which are entirely clerical. THROOGH CANADIAN ROCKIES. Howard Paimer Back From a Twe Months Exploration Trip, each county Sanford, Selkirk range, a few years ago. He has made six trips into the Selkirk range and is an authority on both fflll ONE DOLLAR TH MMMMHWM,%W SMOKED SHOULDERS Ib. 10¢| . 510 bb. 25, 35¢-70¢ % 1b. box COCOA.......... 17c 1 Ib. COCOANUT...... Evaporated PEACHES, 3 Ibs. . . 25¢ MEATY PRUNES, 4 bbs. . .... 25¢ 1 Ib. SEEDLESS RAISINS. ... . . 10c 1 mcmzon.............. lsc 11b. ORANGE PEEL.... 11lb. LEMON PEEL. .... Cooking Compound PICKLED TRIPE NICELY MIXED Ib.. . Best Pure 6 Ibs. LAUNDRY STARCH for 25¢ 3 pkgs. Old Dutch CLEANSER 25¢ 12 cans Campbell’s SOUP 30 bars LAUNDRY SOAP for $1.00 1 1b. RED BUTTERFLY TEA. . 25¢ 1 Ib. WARRIOR HEAD TEA. . 45¢ 15¢ 4 quart basket 10c SWEET 7 lbs........ 10e MEALY COOKING POTATOES peck....... 17c 6 Ibs.. 6 cans Evaporated MILK FOR Tall Size Fresh From Our Own Ovens Daily DELICIOUS CHOCOLATE MARSHMALLOW ROLLS each 10c HOMEMADE BREAD, loaf Ge-8c FRUIT PIES, each. . ....... 10c-15¢ Mohican Lunch FRUIT CAKE Ib. 15: “It Has That Butter Taste” 3 cans TOMATOES. ... ) All For FUNERAL. Mrs. Henry Dearing. Tuesdayflgflmwfl at 2.30 o'clock funeral s¢ ices. for Agues, wife of Henry Dearing, were heid at her resi- dence, No. 178 CUff street, with Rev. Charles Ricketts, pastor of the Greeneville Congregational church, of- ficiating. The were John Kern, Gustave Thumm, George Duf- ner and Fred Witterer and burial took place in the family lot in Yantic cem- tery where. Rev. . Ricketts read a committal service. Included in the large attendance were Mr. and Mrs. Christopher Rockwell and family of New London, Weicome Rockwell of Groton, Mrs. William Ladd and daughter, Daisy, of South Can- terbyry and Herman Stevens of Han- over. The flowers were numerous and in- cluded a pillow marked “Mother” from the children, wreath of roses from Willlam Dearing, crescent from Mrs. Kate Schwetner and Marie Taft, a wreath from Mr. and Mrs. Henry Taft, a spray of gladeolers from Mrs. Fred Dearing and family, & spray of cal alilles from Mrs. Charles ring and family, spray of asters from | Mrs, William Ladd and Mr. and )Ir-, Herman Stevens and famil flowers from E. F. Den wreath from a friend of the family, of asters from Miss Susie Mit- teres, spray of asters from V. R. Al- len, spray of asters from Lewis Hel- Undertaker C. A. Gager, Jr., had charge of the arrangements. John Mizen. John lnlf.n, second steward on the explosion of acetylene uld to have been llnlur. thc turn- | Holland lies below the séa Auto Tflp to P-m-y!vulln. — “Uncle Bot” Knox, & Cha(nntl. fl‘.ur-ov who 1s 93 years old, ted his mnlh divorc lk nul He will probabl; Sixty-first Annual N COUNTY- FAIRR Norwich,- Conn., Sept. Gth, 7th, 8th, 1915 Opeas Labor Day Governor’s Day, Sept. 7th HON. MARCUS H. HOLCOMB GOVERNOR OF THE'STATE'OF CONNECTICUT * TOGETHER ‘WITH THE \ MAYORS-AND PROMINENT MEN FROM ALL OVER THE STATE WILL BE OUR GUESTS ON THIS DAY MILITARY ESCORT. FOR.THE GOVERNOR_AND HIS PARTY HIS EXCELLENCY WILL SPEAK AT-1.30 P. M. } Day and Night Fireworks _ A GATHERING IN OF —,. OLD COMRADES — OLD NEIGHBORS WE .WANT YOU WITH.US BECAUSE THIS IS YOUR GOVERNOR — THIS IS YOUR FAIR ; THIS YEAR " $3,000.00 IN PURSES WBYMTHATSTH’REALSTEPS ¥r 'IHEONLYFAIRNTHESTATEWITHACAmm / BIG FREE VAUDEVILLE SHOW DAY AND EVENING Two-Bands Fair In Full Swing Day and Night B T T L L L e T T A ' lasteeas T LR L L L L L