davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1901-12-18

J. J. Woodward as guardian ad litem for Mary Wilson and Eleanor Wilson, minor nieces of the deceased. The will was reflected by Judge Gaston and the case was appealed to the Supreme Court. Pending the appeal MT. Woodward died and c. F. Mcintyre was appointed guardian ad litem for the children.
 In deciding the case the Supreme Court laws down several interesting and inn portant points of law touching upon wills.
 'gThe rule of the, law is well settled, says the Court, that in transactions inter vivos between those living) where a party stands in confidential relation to another such as that of parent and child. guardian and ward, attorney and client priest and penitent. etc., if the dominant party receives the benefit or donation dur ing the existence of such relations, the party reposing the confidence on seasona- ble application to court of equity. may obtain relief from the burdens and duties imposed simply by showing the trans action and the confidential relation; the presumption of the law being that as long as the relation lasts the transaction is the result of undue influence and to make the transaction good in law there must be a severance of such relation, at least for the time being and the party reposing the confidence must have com potent and independent advice. In such cases the burden of proof rests upon the party claiming the benefit under the transaction to repeI the presumption thus created by the law by showing a severance of the relation, and this must be done by the interpretation of competent and independent advice. The case at the bar comes directly within the in fuence of the principles declared Here on the indisputed evidence it is shown that the proponent actively parti- cipated by suggestion made to the tes- tatrix in the preparation of the alleged will. It IS also shown that he Is large beneficiary under the will and the con hdential relations were those of rector and parishioner, priest and penitent. coupled with the facts that he was a | constant visitor at the home of testatriX | prior to and during her sickness which l terminated in her death and that she | reposed great confidence in him. | On this undisputed evidence our conclu- | sion is that the trial court committed 1 no error in rejecting the paper as the | last will and testament of the deceased
 and the judgment of the court is affirm | ed
 Hon. Gordon\ Macdonald. legal represen tative of Rev. Stewart Mcqueen. sait | last night that the heirs of Miss Wilson | including her sisters would now make |
 deed of the property to the Church ol
 the Holy Comforter and the case would
 be settled just as Miss Julia Wilson de
 sired it should be. He said that the
 heirs of Miss Wilson had not contested
 the will. The contest was made by law
 yers representing minor children whC | knew nothing of the contest
 There is another will of Miss Wilson
 added MT. Macdonald. fin which tn,
 same bequest is made and 1t may bt
 filed with the Probate Court aftel | awhile"
The Montgomery advertiser., 1901-12-18
REJECTED WILL OF MISS WILSON Supreme Court Hands
 Down Decision. AFFIRMS FIRST DECISION Court Says Undue Influence
 Was Used. Decision Involved Property Valued at $1o,ooo Which Was Given to Church of Holy Comforter
 by Terms of Will.

In an opinion handed down yesterday by MT Justice Dowdell, the Alabama Supreme Court affirms the decision of Hon. J. E. Gaston, Probate Judge of Montgomery County rejecting an alleged will of the late Miss Julia Wilson of Montgomery in which she bequeathed real estate valued at about $l0,0O0 to Rev. Stewart Mcqueen as rector of the Epis- copal Church of the Holy Comforter.
 It was contended by the contestants of the will that undue influence was eN- ercised upon Miss Wilson and the court holds that where a priest, or other per son occupying d confidential relation with the testatrix. is made the beneficiary Of the will it Is evidence of undue influence which must be disproved and the burden of proof is upon the beneficiary.
 About a year ago Miss Julia Wilson who owned considerable property in Montgomery, died. Some time after her death Rev. Stewart Mcqueen offered a will for probate which was contested by
The Montgomery advertiser., 1901-12-18
registrars for the sixty-six counties of the

bLaLO.
 The members of the Board must con stantly have in mind the fact that per sons holding elective offices are ineligible for registrars and after registrars for each county have been selected a clerk is required to go through the records and ascertain if any person chosen is justice of the peace or If he holds any other elective office. In many instances persons selected by the Board have been found to hold commissions % justice of the peace. It Is then necessary for the Board to make other selections.
 It Is expected that the State Board of Registrars will complete its work before the close of this week.
The Montgomery advertiser., 1901-12-18
An Error Corrected

In The Advertiser Sunday morning ap- peared a local reading notice headed An nounc ement Notice" and signed by MT. J. s. Dowdell. The last paragraph of this notice stated that MT. Robt. J. Brame will be associated with me. e" This was an errer, as MT. Brame's name is Albert J. Brame, instead of Robert.
 adv
The Montgomery advertiser., 1901-12-18
COUNCIL HAD
 BUSY SESSION Many Bills were Consider cd Monday Night. MAYORS VETO SUSTAINED Citizens Protest Against City Pound on Jefferson Street Hereafter City Treasurer Will RepOrt Once in Each Month to Council
 the Amount of Money on
 Hand and in What Banks.
MAYORS VETO SUSTAINED

The Montgomery City Council dragged through four hours of labor Monday night and when the body of city fathers adjourned a few minutes after Il o'clock considerable work was to its credit. following Aldermen present: Messrs. Fleming, Farley, Hudson, Haygood, May Cheney, Mcintyre, Anderson, Rushton, Roeder, Hartley. Kohn. Gunter and Toole.
 from Mayor Joseph, among them being a message vetoing an ordinance remitting S100 of the license recently paid to the city by the Wallace circus. The Mayor also submitted a message recommending the creation of the office of License h.
The Montgomery advertiser., 1901-12-18


 These are the registrars appointed yes- terday for Montgomery County by the State Board of Registrars The State Board was in session several hours dur ing the afternon and at the conclusion df it's session the appointments of regis trars for twelve counties, including Mont gumery, were announced. This makes thirty-four counties for which registrars have been appointed. The Board will meet again today.
 The following are the registrars ap- pointed yesterday:
 Bibb County-C. L. Cleveland, B. J. Murphy. J. M. Davenport.
 Lee County-T. J. Tillery, w. M. Bass. l L. R. Wheelis.
 Franklin County-W. H. Norris, Will liam Bolton, J. M. Richardson. | Lauderdale County-J. c. Ott, Horace J. Burns, Dr. George W. Williams.
 Montgomery County-C. B. Teasley, w.
 A. Gunter, Jr., Jeff Harris. | Morgan County-Dr. R. L. Stephenson, | Sampson Thomas, W. B. McCulloch.
 Talladega County-James H. Mallory,
 James A. Harris, Wilson B. Campbell. | Washington County-E. NJ. Slaughter | r. c. Turner. R. E. Blount. Wilcox County-B. F. Watts, Jr.. J. D. | Jenkins, J. Il. Malone Monroe County--Francis w. Hare. H. H. Baggett, William B. Green. Winston County-Ben Morgan, B. J. | Cowart, Harry J. Wilson. Coffee County-N. O. Hutchinson. D. McKennon, J. NJ. Crosby.
 The registrars appointed for Montgom- | cry are well known In the county. MT. | Teasley is a young farmer. While he
 resides on South Perry Street his busi- nes slnterest is at Teasley's Mill and he
 votes in that beat. Mir. Teasley was | chairman of the Montgomery County Campaign Committee for ratification oi
 the constitution. MT. Gunter is a vel known young man of the city and MT Harris is a prominent farmer who live. ! at Porters.
 The State Board of Rsgistrars il 1 LgradualIy=eIosing up it's Enrk-n6-selsctlnl
The Montgomery advertiser., 1901-12-18
OLDEST READERS.

A contest Is now being waged be- tween the oldest readers. of the Daily and Weekly Advertiser in which the ten oldest shall be rewarded for Q life time. Find out all about it at The Advertiser.
The Montgomery advertiser., 1901-12-18

CONvALEsCENCE after pneumonia, typhoid fever and the grip. is sometimes merely apparent, not real. To make it real and rapid there is no other tonic so highly to be recommended as Hoods Sar- saparilla. Thousands so testify. Take Hoods. O
The Montgomery advertiser., 1901-12-18
If the Baby Is Cutting Teeth

remedy, Mrs. Winslow's Soothing Syrup, for children teethlng. It soothes the child, sOftens the gums. alli Vs all pain, cures wind collie and Is the best remedy for diarrhoea Twenty-Five cents a bottle.
The Montgomery advertiser., 1901-12-18
TONIGHT
At McDonald's DeLeon's Comedians

De Leons comedians will begin a four nights engagement tonight, presenting "A Police Alarm" MT. De Leon is sup- ported by a competent company, incIud- ing the clever Shrewsberry sisters Matt. nee Saturday. Popular prices. adv,
The Montgomery advertiser., 1901-12-18
MONTGOMERY
 REGISTRARS MeSSrS. TeaSley, Gunter
 and Harris Named. ELEVEN OTHER COUNTIES The State Appointing Board
 Was Busy Yesterday.
Justices of the Peace are Not Eligible and Giving Board Trouble Work Will Be Completed
 This Week.

W. A. Gunter, Jr., Ward 3, Mont gomery; c. B. Teasley, Teasley s Mill, Beat IA; Jeff Harris, PorteIs' Beat 12.
The Montgomery advertiser., 1901-12-18
Encouraging Extravagance.

Baltimore American
 To preserve the harmony of the af- fair, Admiral Schley might spend that $1S12 prize money in rides on the loop the-loop.
The Montgomery advertiser., 1901-12-18
PENSIONS.

A new plan for pensioning readers of the Daily or Weekly Advertiser may be of interest to the many older readers just at this time. Ask about it.
The Montgomery advertiser., 1901-12-18
CascadA Restaurant

The best the market affords served iu hrst-clAss style. Al Galatas, Prop. op- poeite The Advertiser office. adv.
The Montgomery advertiser., 1901-12-18

E. B. Joseph 6 Son, Real Estate and Insurance. Phone 656. 24 Com merce St.
The Montgomery advertiser., 1901-12-18

DO YOU WANT THE BEsTp
 Ross's Antiseptic Barber Shop is the place to go. Exchange Hotel.
The Montgomery advertiser., 1901-12-18

Auction sale fine wines Wednes day 10 a. "a. E. J. Meyer & Go.
The Montgomery advertiser., 1901-12-18

Human nature always crops out every time a collection iS taken up in church.
The Montgomery advertiser., 1901-12-18
Curse of DRIN K
cured by WHITE RIBBON REMEDY Can be given in Glass of Water, Te or Coffee Without Patients KnnWladOA

White RiDDon ftetneuy Will cure or destroy the diseased appetite for alcoholic stimulants whether the patient is a confirmed inebriate. "a tippler," social drinker or drunkard. Iln- possible for anyone 10 have an appetite for alcoholic liquors after using White Ribbon Remedy.
 Endorsed by Members of w. c. T. U.
 Mrs Moore Superintendent of the Woman x Christian Temperance Union, writes: T have tested White Ribbon Remedy very obsU . naie druI kards, and the have bee a many. n many eases the kennedy was glYen sscrtt.y. 1 cheerfully recommend and endOrGe white Ribbon Remedy. Members of our Union are delighted to hnd a practical and ecoEomi- cai treatment 10 aid us in our temperance
 Mrs West. president of the woman's Clris- ian TemperAnce Union, stases; T know Of so arany people redeemed from the curse of drink Dy the use of White Ribbon Remedy that earnestly request you to give 1t trial For laie by druggists everywhere, or by mail, $i. Trial package free by writing or calling on Nrs- A M Townsend (for years Secretary of the wSman's Christian Temperance Unionl oIR Fremont St, Boston. Mass. Sold in Mont sorery by E. G. Fowler, 10 Dexter Ave.
 s9-We
The Montgomery advertiser., 1901-12-18

We have them all and any o these stylish, ornamental and useful lamps would make a most acceptable gift to the recipient.
Waterbury Democrat., 1901-11-16
FALL BROKE HIS NECK.
We'll Known Weston Citizen in Faint
 fng. Spell Fell From Wagon.

Weston. Conn. Nov 16.-Vanderbilt Godfrey, one of Weston's best known citizens, fell from his carriage Ill France street, Norwalk.- last night ana broke his neck. He died later at the Norwalk hospital. No one was Wit ness to the accident and it is not known how it happened. The horse was found going slowly a short dis tance from where MT Godfrey lay Deceased leaves a, wife, who is of the opinion that her husband had faint ing spell as he was troubled with heart disease. Medical Examiner 5. H. Huntington thinks that the man fell directly on his head The unfor- tunate man had held several town of fees ill Weston and taught school in several places. among them being the North Center school in Norwalk. He was q cousin of Officer William Bar tram of the Norwalk police force.
Waterbury Democrat., 1901-11-16
UPsoN WILL PRoBATED.
Miles H. Upson Left Income and Life
 Use of Estate.

The will of the late Sarah F. Upson, who lived with her family on North Main street, was probated to-day. The document was drawn up in the old style and is therefore quite tedious. To her widower. Miles H. Upson, tes- tatrix left the income and life use of her estate. which is situated on the corner of North Main and West Farm streets. Upon the death of the hus- band, the eldest son. Irving ;. Upson of New Brunswick, N. l.. becomes the owner of one-third of the estate, and upon his demise and providing he leave no lawful issue his portion of the estate goes to the three grand children. Lewis H., Sadie A. and Edna c. Epson. Also, upon the husbands demise. the other two-thirds of the es- tate is left to another grand-child. Alice L. Epson. This child is enjoined to keep as much of the family home stead as is now occupied by the fam fly, and there are several injunctions regarding the disposition of personal affairs laid upon her. The income from this two-thirds part Of the estate is to be devoted to the maintenance
 
 years old. Then this two-thirds goes to the three grandchildren above named and tirey shall pay to Irving, the eldest son. one-third of the income derived from it. The estate shall not be sold before Edna becomes IS, unless by agreement of those interested.
 All Of testatriX's mortgages, prom issory notes. and other valuable pa pers, together with books, pictures and her bank books, go to Irving. And at his demise they descend to the above named grandchildren. Her right and title to a portion of the Webster heirs property is also left to Irving and Edna This property is situated in Minneapolis, 8Iinn. A gold watch and chain and q seal cloak is left to Edna. A quantity of personal ef- fleets is bequeathed to Edmund, an- other son, and to Sadie, one of the grand children. q piano, china tea set and the crocxefy To Lewis Is left the horse and harness, etc, and to Alice all the wearing apparel, except that given to Edna. Iestatrix di rected that there shall be an, appraisal Of her estate. and that two trunks, which she gives to Irving, and the box containing her valuable papers, shall be opened before this appraisal takes place and in the presence of his father.
 The will was drawn up at North Haven on October 26. 1901. and was witnessed by l.. R. Carter. Robert B. Goodyear, l.. Russell Carter and Catherine Webster.
Waterbury Democrat., 1901-11-16
CASE OF WALKERS
We'll Known Lawyer Gives His
 Views on 1t.
COLONEL BURPEE's ATTITUDE.

This Lawyer Surprised That the Cole
 onel Did Not Bring Case Before
 Judge Wheeler-Amount of Bill Is
 Also Open to Criticism, He Says
 What City Ordinances Say on the :
 Subject of Damages.
 The local bar was surprised why Colonel Burpee, counsel for Alderman Walker and Alice, his wife, did hoE ask Judge Wheeler ill the superior court yesterday for q date for q hear ing upon the Walker injunction case. It was suspected that the colonel is playing deep game and that his dp- parent leisure ill the matter is to put a better face upon things for his own side when it finally comes to court. The case was discussed by all the law yers, and everyone of them is anxious for the outcome. 1t seems to be inc first time the city was ever prevents ed by an operation of the law from paying an award made by the board of aldermen. One of the prominent lawyers expressed himself about ls follows. putting complexion upon the case that seemed to surprise his audi- ence:
 '.The payment of the Walker hilf NOuIu bc NIOiIS lllt tlltiil|i- stances. In the first place the anounc of the bill seems open to criticism. Certainly the items of the bill were not made public and whether tIie amount ordered paid is reasonable is a matter for Investigation. Ii may be too little, but the presumption is tha it is too much. Probably no one mem- Der of the board of aldermen wonld pay this amount out of his own pocket without a contest were he the party liable.
 Tt is claimed that the TIellman,f Co is liable to the city for the damages which the city may have to pay 10 the
 Walkers. The recent Ashborn-towll case is very instructive upon this poinT. 1 Furthermore, the old city ordinances provided, and these are now, in force except where they have been repealed. that if anyone claims damages anal any other person was liable over to The city, the claim should not be paid un- der any circumstances until the clain- ants rights were established by b judgment unless the person liable To indemnify the city should pay ill sets tlement of the claim.
 Here the Hellmann Go. it now ap- pears by this injunction, is liable; that the city is not liable at all, for it was mere surface water which did the al- leged damage. This was precisely ,he situation in the. D. E. Wilson cases.
 And again it is claimed that if the city is liable the Walkers did not have over $4 worth of wine or other property ifl
 their cellar when the alleged damage was done. Under these circumstances ! the city should defend the action, cite 1 in the Hellmann Go. to defend if also. and if it was shown that the city was liable and that the Hellmann Co was not liable over to the city the city could pay then. and no just fan9t should be found by the taxpayers. 10 is again claimed that the city woiild be put to great expense in defending this suit. This is not so. for the city pays an attorney q salary and he conld and undoubtedly would suni- mon in the Hellmann Go, who wotlld naturally provide another attorney or
 would suffer the consequences of thelr neglect
Waterbury Democrat., 1901-11-16
Gatllmann Gun Failed.

q SANDY HOOK, N. J., Nov. 16.-The failure of Inventor Claimants s theory of his invention in the test made here yesterday is ascribed by him to an inn perfect detonation of the fuse in the in- terior of the shell. The army officers, however, claim that they have found convincing proof to the contrary and say that everything in connection with the test was as perfect as it was possi- ble 10 make it in accordance with the inventors ideas. The board has decid- ed to give q second trial, to which the inventor is entitled, today. The second Gathmann shell for today's test will be overhauled in the presence Of Mir. Gath mann for the purpose of guarding against imperfections. On the other hand, the test made later in the day with the regulation gun on the dupli- cate target was complete success.
Waterbury Democrat., 1901-11-16
WILL SEEK TO ENTER.
Oklahoma and Indian Territory
 Unit for. Statehood.


 MUSCOGEE, l. IT,, Nov. 16.-With B dash and enthusiasm which surpassed even the most sanguine expectations of its most ardent supporters the single statehood convention was held here. Everything was harmonious, and not one person on the floor of the conven- ton spoke one word against the move ment. The federal ofhceholders and the Dawes commission came in for severe censure. The following memorial to congress was adopted:
 ssIt has become self evident that the union of Oklahoma and the Indian Ter ritoFy into one state is inevitable, the two territories have q population of over S00.0o0 and an assessed value of real and personal property of over $1OO,- 100000 and an actual value of more than $30O, 100000. The people of the h. dian Territory exist under intolerable conditions, and they feel that congress should at once heed their voice. All the citizens of Oklahoma and the Indian Territory are capable of self govern ment. United, the two territories would make a magnificent commonwealth"
 The memorial concludes: Both terri tories. by their representatives in con- yention assembled, urge upon congress the immediate passage of an enabling act providing for the formation of one state by the people of the two territo- ries."
 Resolutions then followed demanding admission as single state and that the Indian lands be allotted at once to the Indians
Waterbury Democrat., 1901-11-16
Accents the Philippine Bishopric.

BOSTON, Nov. 16.-Rev. Charles H. Brent of St. Stephens Episcopal church will accept the Episcopal bishopric of the Philippine Islands, where a dio- cese was created by the triennial con- vention at San Francisco. Father Brent has notified Right Rev. Thomas Clarke of Rhode Island senior bishop of the church, that he had accepted the ap- pointment 1t is thought that Father Brent will be consecrated in this city early in the new year. He was born in New Castle, Ont, in 1862, and he is the son of Rev. Canon Brent of St. James cathedral, Toronto. He was graduated at the University of Trinity college in 12S4
Waterbury Democrat., 1901-11-16
FOR PORT COLLECTOR.
President Names Stranahan to Su
 ceed RidyveII at New York.

Presfdenf Names Stranahan to Sue.
 ceed BidvveII at New York.
 OSWEGO, N. T., Nov. 16.-State Senator Nevada N. Strana han has re- ceived letter from President Roose- welt offering him the appointment as collector of the port of New York. to take effect on April l, 1902. Senator Stranahan and State Committeeman John T. Mott left for Washington last night. Senator Stranahan will accept tl2e post.
 It has been understood that Secre- tary of the Treasury Gage and Senator Platt favored the retention of Bidweii as collector.
 Collector Bidwell has been in busi- ness in New York for twenty years, having come originally from Bufaio- He has been actively engaged in poll tics and now is the Republican leader of the Nineteenth assembly district He was vice president of the Republic an county committee.
 President Mckinley appointed Bid well for the next four years, signing his commission on April % last. or course the appointment could not De ratified until the senate met.
 Nevada N. Stranahan has served continuously in the state senate since 1896. He served three terms in the assembly, from 1890 to 1892
 Senator Stranahan is lawyer He represents the Thirty y-seyenth sena- torial district, comprising Oswego county, and his home is in the village of Fulton
 Senator Stranahan was born at Granby, x. r., on Feb 27, 1S6l- He grew up on a farm and received his early education in the common schools of Oswego county. Later he attended FaIley seminary and the Columbia College Law school He was admitted fo the bar in 1884, when twenty-fnree years old. and began practice at Fui- ton.