The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1908-12-08


Judge Joline, of Camden, held session
of Court in Mount Holly on Thursday
| A sentence of two years In the state
prison was imposed on John Tillman,
colored, who pleaded guilty to stealing a
watch from James O'Neill. of Burlington.
Two boys, Oliver Brown and Walter
Dress, who stole horse and wagon near
Burlington, were committed to the reform
school Capt. Druke Miller, of Medford
was given three months in the county Jail
for carrying a revolver.
Judge Joline refused to accept a plea
of guilty In the case of Joseph Pollard,
colored, charged with committing an
assault on Minnie Jackson. After Pol
lard explained how he came to commit
the assault, he was informed by the court
that he was not guilty If his statement
was true, as he had acted In self-defence.
The court was next asked for construc-
ton of the sixth clause of the last will and
testament of Philip Bovine. deceased,
which provided that trust fund of 81, 900
be created, the income of which should be
paid to his daughter, Mary Emily Lear, as
long as she lived; at her death the fund
was to be distributed among her three
children as follows: Albert Fl. Lear,
50. 900; Lizzie B. Lear, $1,000, and Ben
jamin f. Lear, $1,000. At the death of
Mrs Mary Emily Lear the s., 900 was paid
to Albert II. Lear, and 81, 900 to Lizzie B.
Lear. Benjamin F. Lear died in 1887, and
the question for the court to decide was
what disposition should be made of the
share of 81 900 that had been left to him.
W. A. Barrows argued that 1t should be
divided among the other two children, AL
bert and Lizzie Lear. Capt. Charles EVAN
Merritt held that 1t was not In accordance
with the provisions of the will, which
contained no clause for the disposition
of this legacy. His contention was that
one-half of the legacy should be paid to the
widow of Benjamin F. Lear and the other
half to Lizzie Lear. The widow of Ben
iamin E. Lear has since married, and is
now Mrs. Anna G. Decou. Under the
provisions of the law Albert II. Lear can
not participate In the distribution. George
M. Hillman argued that the entire legacy
should be paid to Lizzie Lear, who is now
Mrs. Lizzie Snyder. as she was the only
heir at law. The court asked counsel to
file briefs after which decision would be
rendered.
Exceptions were then heard to the &C
count Of Albert H. Lear, executor of the
estate of Barzillai Bishop, deceased. One
of the exceptions was to an item of $3.50
for loss on chattel mortgage, which was
not allowed. Another was that the ex-
ecutor had failed to charge himself with
the proceeds of life insurance policy of
$1663 80, and his excuse to this was that
some one else got in ahead of him and
collected the money. The court decided
that this excuse would not answer, as it
was the duty of the executor to see to 1t
that the money was paid to the proper
person. He will therefore have to make
good. He will also be charged with dis
count of $25 allowed for the undertaken.
which some one else collected, the court
holding that the executor should have col
lected the rebate himself. 1t was also de-
cided that the executor should not be al
lowed any commission on the $3.50 lost on
the chattel mortgage. The final DISPOSE
ton of the case will be made on January
18th.
A caveat having been filed against the
| probate of the will of Daniel Danley, de-
ceased, of Columbus, the will was proven
| in open court. The two subscribing wit
nesses, John Meirs and George P. Robins,
testified that they saw the testator sign
| his name and declare 1t to be his last will
and statement.
The will provides that the two sons,
Ridgway and Henry, shall only receive s.
each, George, another son, Is left $75 In
trust for the purpose of paying his burial
| expenses, and the residue of the estate is
to be equally divided among the remain
| ing six children: Charles Danley, Re
becca Norcross, Elizabeth Souder, William
Danley, Mary Jane Lewis and Howard
DanleY. The personal estate is valued al
$4,000 The court announced that II
would give further hearing In the con
test on January 7th.