The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1908-03-24

{ who might have objections to the sale O
lands to appear in court on Thursday
April 2.
| In the matter of the estate of Firmar
Dubell, deceased, of Burlington, William
A. Slaughter asked the court for modif'
cation of an order issued by former Judge
Gaskill ordering that distributive share
be paid to Joseph Dubell This money
was entailed by ]. Barclay HilYard, a
judgment creditor, and it was desired that
the money should be turned over to
George NJ Hillman, who had been ap-
pointed receiver by the Circuit court.
Eckard P. Budd, attorney for Ernest
Watts, executor of the estate, said he had
an order from Judge Endicott not to pay
the money to any one. In letter Mr.
Budd had explained the situation to Judge
Endicott, who suggested that he, Judge
Horner, and the interested counsel hold a
conference for the purpose of solving the
complicated situation. Mr.. Budd said he
did not want to appear as being captious,
but he must protect his client or Mr..
Watts might think he needed better
lawyer. The court also remarked that in
the event of payment Mr.. Watts was en-
titled to an indemnifying bond. Judge
Horner hesitated on taking action, stating
that he wanted some law on the subject,
and decided to continue the matter, but
at the opening of the afternoon session he
signed an order resembling the order pre-
viously made in the Orphans court. The
money will be paid to Mr.. Hillman when
the consent of Mr.. Dubell or his counsel
has been obtained.
In the matter of George s. Maxwell
who petitioned for the vacating of several
roads in Washington and Bass River town
ships, commissioners were appointed. APP
plications for the vacations of some OF
these roads, which had been previously
made by Solicitor Charles EVAN Merritt,
were withdrawn at the request of Pros
ecutor Atkinson.
A few criminal matters were disposed
of, each of the defendants waving indict-
ment and pleading guilty.
Frank Myers, of Mount Holly, was
placed in charge of the probation officer
and given three months in which to pay
the costs. He stole four chickens from
Atwell Wright, farmer, opposite the fair
grounds. Up to this time his character
had been good.
The case of Herman Segar, colored, was
laid over for further investigation, as the
Judge said he had been a man of good
character The defendant stole a horse
and wagon from under the sheds at the
West End Hotel, at Moorestown, and
abandoned the animal in bad shape at
Palmyra, where it was found covered
with foam.
Henry Barcklow, of Burlington, was up
for beating his wife and abusing her with
profane language. Mrs. Barcklow was
sworn as a witness. She said she had
been married two years, and during the
past year her husband had frequently
knocked her down, and he only supported
her in a way. While there were others
present to testify, the court heard enough
from this witness.
what have you to says' the prisoner
was asked,
"Well, l was drunk, Judge; only
pushed my wife down. If l get out of this
trouble l will sop drinking and be willing
to make any kind of a pledge"
THAT'S what they all say who occupy
your position, suggested the court
"Do you think you could keep a
promise2" Baroklow was asked.
''Well, yes, if 1 was forced to-" he
replied.
1--WE will see that you are forced to
for awhile, remarked the Judge, as he
accepted the suggestion. eff you keep
Oh at this rate the third year of your
marriage may result in murder"
In order to learn more about this
assault case, the matter was laid over.
The charge of adultery preferred by
Asa Krusen against Samuel Anderson and
Louisa Cathcart, colored, of Shamong
township, was evidently not sustained, as
the defendants were given some advice
and discharged. They had been living
together for eight months, and the charge
preferred against them is said to have re-
suited from spite or jealousy. Lousia is a
married woman, but she has been deserted
by her husband for three years. When 1t
was suggested to her that she could get a
divorce, she asked: what do they cost2"
believing that such thing could be pur-
chased like merchandise.
Alonzo Tega, an Italian, fined 800 at
the last term of court for the illegal sale
of liquor at Rocbling, and who had been
in Jail for seventy days, was brought into
court. Judge Horner reduced the fine to
$50, which the wife paid and the defen-
dant was discharged
In the matter of the paper purporting
to be the last will and testament of
Samuel W. Shinn, deceased, of Mount
Holly, Eckard P. Budd, counsel for the
estate, said Joseph Huff, the executor.
had brought the paper to his notice and
on its face it appeared to be regular and
duly executed and there was no reason
why 1t should not be probated.
When the will was executed there was
no living issue and no provision made for
any that might be born thereafter. The
executor was advised that the will was
void under the statute. Mr.. Budd did
not feel that the widow or the executor
should take the responsibility upon them
selves, or even the word of counsel that
the will was not proper, and it was de-
layed to refer the matter to the court for
proper adjudication.
The will was made on June 10, 1904,
when there was no child living. That it
was properly drawn and duly executed
was sworn to by Miss Ida D. Braddock
and Benjamin W. Zelley. the subscribing
witnesses.
Mrs. Anna P. Shinn, the widow, testified
that she had one daughter living, Mary
Elizabeth shinn, born August 10, 1907.
Mr.. Budd referred to the eighteenth
section of the act concerning wills. which
declares that when testator dies, leaving
issue after the will is made, the will is
null and void.
Judge Horner said that under the facts
as disclosed the paper presented as will
is null and void 1t was thought that
counsel and the executors had acted wisely
in submitting the matter to the court, and
that the surrogate was right in refusing
probate. 1t was declared that Mr.. Shinn
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