davidaulloa/AmericanStories huggingface dataset:
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15

Standish also visited there, coming
from the C. C. Camp at Grand Marais.
Mrs. Victor Palmquist and children
Of Milaca, are visiting at the home
of her mother, Mrs. Bake.
The Misses Elsie Nortup and Perle
Hansen spent the weekend at their
home here.
A surprise party was given Satur-
day evening honoring the 3Oth we'd
ding anniversary of Mr.. and Mrs. A.
Nortrup.
The local teachers, Mrs. VIM. Rom
and Clifford Wikkelius. spent the
weekend at their homes near Aitkin.
Mr.. and Mrs. L. Cronk and Mrs. H.
Wood made a business trip to Aitkin
Tuesday.
Monday of last week Clifford Thorn
son, Mrs. A. Thomson and Mrs. H.
Coolidge were in Aitkin.
d. M. Olson and Doris Mae Olson
celebrated their birthdays Monday.
Feb. ~. Visitors there were Mr.. and
Mrs. Ova and sons, Priscilla Brown,
Mrs. A. Thomson, Clifford Thomson.
Ed Ruud and Keith Coolidge.
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15
STURGEON LAKE

Mrs. Louis DOboszenski went re-
Gently to Duluth, where she attended
the funeral of her aged mother.
Mrs. Rogers was called to the F..
Schmoldt home in Windemere last
week. She is caring for Mrs. T.
Schmoldt, who is very ill.
The school children here were ex-
amined by the county dentist and
nurses at the school house last Thurs
day. Children from out of town were
transported to this school to make it
more convenient.
]. H. Cunningham went to Duluth
Tuesday. Monroe will return with
him. His condition is much improved,
and everyone wishes him the rapid re-
turn of health.
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15

creamery and the Lund's Beer parlOr
got theirs from Lake Margareth, the
store from the Wolthausen lake and
some of the farms got theirs from
Wolf lake.
Donald Small made trip to Du-
luth Tuesday.
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15
BRUNO

The Misses Patricia and Edna Mar
tin Of Askov, and Albin MattsOn Of
Finlayson, who is a guest at the J.
]. Martin home, visited over the week
end at the home of Mr.. and Mrs.
Floyd Anderson of Bruno.
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15
tends cordial invitation to you to at

tends cordial invitation to you to at
tend.
A group of neighbors helped Mrs.
Laufman celebrate her birthday Mon
day evening.
Ben Street was a Monday evening
dinner guest at the Mattson home
near Finlayson.
Mr.. and Mrs. Kenneth Olson and
baby of ClOQuet, visited at Nils An
derson's Sunday.
Frank Trachamovitz was a Sunday
caller at the Street home.
Mrs. John Forsberg called at the
Oscar Carlson and. Anna Mossberg
homes Monday afternoon.
Myrtle Overland spent the weekend
at her home here.
Mrs. Gerda Olson was a Sunday din
ner guest at the Overland, home.
Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1934-02-15
ARTHYDE

Miss Louise Broun, who has been
sick with tonsilitis, spent the past
week at the H. S. Wood home.
Mrs. L. G. Standish visited relatives
in Duluth over the weekend. Mr..
The Washington times., 1934-07-11

ton Company, according to re-
ports. The building was designed
by Arthur B. Heaton, local archi-
tect, and will be one Of the most
modern and conveniently ar
ranged of its kind in the District
Of Columbia.
The May Company property
which the firm has occupied on c
Ct. N. w. for many years has been
acquired by the Government for
the Triangle development. The real
estate firm of r. Marbury Stamp
negotiated the acquisition of the
new site.
Frank Simon, who sells these
apartment-type brick bungalows
for the growing little corporation
that builds them, has but two of
them left. He sold more than a
half.dozen, with substantial down
payments, in the spring.
Seven others are now growing
UP rapidly in choice sections of
Maryland to take care of the June
wedding rush. Mr.. Simons says
that virtually all the purchasers
up to date are either couples who
have just married or are about
to be.
The Washington times., 1934-07-11
Memo on D. G. Code

Additional grounds for the de-
cision were stated by the court,
but If petitioners present conten-
tion is correct, there was a lack
OF jurisdiction to admit the will
in the Parks case for lack Of no.
tice to Mazella Parks, and the
holding Of the Court Of Appeals
that she "has no legal interest in
the estate" is flatly inconsistent
with any claim that such q per-
son IS so interested as to be
required to be given notice BY
Section 130 Of the code. No i'm.
portance Is attached to the
fact that the will under which
petitioners claim in the present
case and the will under which
Mazella Parks claimed in the
case cited each had been super
seded by an intermediate will, be-
cause, if the petitioners present
claim is correct, all persons claim
ing under any prior will would be
equally interested and entitled to
notice because they all would
have a possibility Of interest un-
til it had been determined which
Of successive wills is entitled to
probate.
The Washington times., 1934-07-11
Would Upset Wills

Petitioners construction, which
would require citation to persons
claiming under prior wills, is in
consistent with general tenor Of
Section 100 and other code Sec
tions as they now exist.
The last two paragraphs Of
Section 100 provide for publica-
ton against unknown heirs and
next Of kin, in lieu Of personal
service of citation, but no such
provision is made for unknown
persons claiming under prior
wills.
Section 1873 contemplates that
persons may be interested in sus-
tanning or defeating the will who
are not cited.
Section 14O, relating to pro,
ceeding after caveat, where per-
sons claiming under another will
on file are required to be given no
tice, so enacts in express Ian
guage. This provision, after ca
veat, Is limited to other instru'
ments ION file" purporting to be
wills, whereas if any similar pro
vision is to be read into Section
100, the limitation would be alb
sent and it would apply to all
wills whether ON file or not.
Petitioners construction is in.
consistent with legislative history
Of Section 130 (providing notice
before caveat, and Section lac
providing notice after caveat).
The Washington times., 1934-07-11
Memo on Court Rules

Memo on legislative history of
rules in the probate court:
Act of June 8, 1898 go Stat.
434, contained a special power to
make rules, as follows:
Sec. II. That the Supreme
Court Of the District of COlum.
bia in general term is hereby
authorized to make all such
rules Of practice as shall be nec-
eSsary for the exercise of the
jurisdiction hereby conferred,
and to revise and alter such
rules from time to time as 1t
may deem proper"
Code of 1901, 81 Stat. 1911, en-.
acted:
"Sec. 65. The general term
may establish rules of
practice in said special terms
not inconsistent with the laws of
the United States"
Act of April II, 1920, 80 Stats.
555, expands this portion of Sec.
ton IS to read, as it appears in
the modern (1925) prints of the
Code:
"Sec. IS. The general term
may establish written rules
regulating pleading, practice
and procedure, and by said
rules make such notifications
in the forms of pleading and
methods of practice and pro-
cedure prescribed by existing
law as may be deemed neces-
sary or desirable to render more
simple, effective, inexpensive,
and expeditions the remedy in
all suits, actions, and proceed
ingS: Provided, That said rules
shall not become effective until
thirty days after the date when
they are adopted and spread
upon the minutes Of the said
general term: And provided fur.
ther, That said court In general
term shall not have power to
make or establish rules regu.
lating pleading, practice, or pro-
cedure in equity which are in.
consistent with the rules in
equity heretofore or hereafter
adopted by the Supreme Court
Of the United States"
The Washington times., 1934-07-11
IAXPAYMENTS
SHOW GAIN

Despite a lower tax rate, Prince
Georges residents paid more on
their taxes during the last two
months than during May and June
bf last year, according to the
quarterly report Of Thomas Ma
gruder, county treasurer.
All tax collections for May and
Dune total $292,666, compared
with $255,821 for the same period
last year, although the tax rate is
nine cents lower this year.
Receipts from the county tax
accounted for half the increase,
mounting from $176,905 to $685..
229. State tax revenues increased
twelve per cent over last year to a
total of $40,030.
Receipts for the period, under
their classificationS, were: From
the county tax, $196, ,229; State
tax. $4O,O30; sanitary tax, $S,SO1:
park and planning, $S.50S: front
foot benefit charges, $44,506.
The Washington times., 1934-07-11
Courts Opinion

Mr.. Justice Jennings Bailey in
his memorandum said: Section
l4O of the Code relating to pro-
ceedings after caveat expressly
provides for notice to all persons
claiming under the will in ques-
ton, "or any other instrument
on file purporting to be the will
of the decedent." This provision
was added by the act Of 1920.
Section 130 provides that upon
the filing of a petition for pro-
bate of a will "a citation shall be
issued to all persons who would
be entitled to or interested in the
estate of the testator in case such
will had not been executed"
Probate Rule made shortly
after the enactment of the two
sections, before the amendment of
1920 provided for the issuance of
a citation ito the heirs at law
or next Of kin to the deceased
or both." with on provision for
notice to those who might take
under a prior will.
That this contemporary con-
struction Of section 100 by the
court, and the apparently uniform
practice hereunder, is correct is
more clearly apparent from the
fact that Congress, with know
ledge of this practice, made no
change when it amended section
140 as above stated.
It may be that in addition to
heirs and next Of kin who might
take by operation Of law had no
will been executed, persons who
might take in case of intestary by
reason Of the failure to execute a
power Of appointment or others
possibly might be referred to in
the provisions of section 130, but
so far as the present case Is con-
cerned no such question arises,
and the motion to vacate the
order admitting the will to pro
bate should be overruled.
The attorney for the petition to
set aside the order admitting the
will of August 16, 1888, to pro.
bate was w. Gwynn Gardiner; op.
posing said petition were I. H.
Linton and Paul E. Lesh.
The Washington times., 1934-07-11

Memorandum on Legislative
History Of Sections 1870 and 140
Of 1901 Code, Title 20, Sections
81 and 81 Of new Code:
Dugan v. Northcutt, z App. D. c.
361, decided December 3, 1895, says
p. $50: mo notice Of the applica-
ton for the probate of a will is
required by the testamentary law;
but there is provision for such
notice in the rules Of the Supreme
Court of the District Of Columbia
for the Orphans Court, by way of
personal service Of citation to the
next of kin resident in the Dis
trict" and publication against
non-reSidents.
Act Of June 8, 1898, 80 Stats.
434, enlarging Jurisdiction of pro-
bate court, Section 4, directed that
no will hereafter admitted to pro-
bate until the following procedure
shall have been followed: Justice
shall direct all the heirs at law or
next of kin, or both, as the case
may require, to be summoned be-
fore him and for publication
against those returned not to be
found. Section 6 corresponding
to Section 140, notice to all heirs
at law and next Of kin and per.
sons claiming under the will.
Code Of 1901, 81 Stats. 1911,
worded like present Code Section
100, except that it contained, in
stead Of present last two para.
graphs, last sentence which read
If the parties in interest, or any
OF them, be unknown, upon state.
ment Of that fact in the petition
under oath, they may be describ ID
therein, and in the notice of pub.
lication, as the unknown heirs at
law and next Of kin of the dece.
dent, with like effect as though
known and specifically named in
the petition, notice, and proceed.
ings."
Section 140, as so originally
enacted, provided only for notice
to the heirs at law or next of
kin, or both together, and all
persons claiming under the will.
Amendment Of 1902, 80 Stats.
526, changed Section 100 by
striking out the sentence above
quoted and inserting the two
paragraphs for publication
against heirs at law and next of
kin which appear in italics in
modern (1925) prints of the
code of 1901.
1t amended Section 40 in a
respect immaterial here.
Act Of April II, 1920, IL Stats.
557, left Section 100 untouched;
but changed Section 14O so that
after cavest notice is required
to "all Of the heirs at law and
next Of kin of the decedent, or
both together, as the case may
require, and all persons claim.
ing under the will in question,
or any other instrument on file
purporting to be a will of the
decedent," which is the present
code section.
The Washington times., 1934-07-11
Ask Order Vacated

The cause now comes on for
hearing before Mr.. Justice Bailey
on this petition to vacate the
order admitting the will Of Au-
gust 16, 1888, to probate.
Petitioners seek to raise issue Of
undue influence. This can be done
only by caveat. Unless caveat is
filed the code directs that will be
admitted to probate if court finds
it was duly executed by COM
petent testator. Code sections 1874,
1856. Therefore, even if the order
was set aside, petitioners would
still have to file caveat to raise
issue Of undue influence, just as
they could now.
Section 130 of code has been for
80 years construed to require cita-
ton only to heirs at law and next
Of kin, or at least not to require
citation to parties claiming under
other wills. This has been the
view Of the court in general term.
See probate rule as to contents
Of petition for probate, "the
names and addresses Of the heirs
at-law and next Of kin," and pro-
bate rule 5 directing citation "to
the heirs-at-lsw or next Of kin Of
the deceased, or both" These
rules have been in force in sub
stantially the same form ever
since enactment Of code.
An additional memorandum on
the rule-making power follows,
from which it appears that when
the Jurisdiction Of probate court
was enlarged by the act Of June
8, 1898, there was included an ex.
plicit grant Of power to the court
in general term to make rules for
the exercise Of the new jurisdic-
ton thereby conferred. This spe-
cial power was apparently con-
sidered as included within the gen.
eral power enacted in the code
and strengthened from time to
time as appears from the separate
memorandum attached.
Petitioners sole citation Of au-
thority bearing on notice as q
juriSdictional requirement to orig
inal probate, MoSSer VS.. Flake,
25S Ill. 233, was under an Illinois
statute Of 1909, providing that be-
fore probate a petition shall be
filed stating names Of all heirs at
law and legatees and notice given
by clerk to persons SO named, and
notice had not been given to q
legatee.
If the persons "entitled" or
interested in the estate" as used
in Section 130, were construed to
include all parties beneficiary Of
The Washington times., 1934-07-11
PROBATE LETTERS TESTA-<
MENTARY - SECTIONS 13O-
134-135.l40 PROBATE RULE 5.

I. Section 40 Of the Code re-
IGtiRS to proceedings after caVsat
sxpvsssly provides for notice to
an persons claiming under the
wiu in question, cor any other
instrument on file purPOrtinR to
be the WiI Of the dscsAent."
THE prOVisiOn Wds added by
the Act of 1920. Section $50
provides that upon the filing Of
a petition for probate Of q WiN
''a citation shau Be issusd to all
persons whO WOuld Be entitled to
Or interested in the estate Of the
tsstatOr in case sueh ViN had
not been executed" Probate Rule,
s made shortly after the enact.
nsent Of the tue sections, before
the amendment of 1920 provided
for the issuGnce Of q citation "tO
the hsirs at iaw or next Of hin
to the deceGssd or BOTH" sOith
no prOOisiOn for notice to those
u,hO might take under a prior
vill. That this contemporary con-
structiOn Of section $50 by the
Court, and the apparently uni-
form practice Hereunder, is corr
rect is more clearly apparent
from the fact that Congress, sUith
knowlsdse Of this practice, made
no change When Il amended Sec
tiOn 40 Gs GbOVe stated.
In the cause In Re, Biggs, adm,
1881, on April II, 1884, q will
dated August 16, 1888 was duly
proven, and admitted to probate
and record and letters teStamen'
tary issued thereon.
On April %, 1884, a petition
was filed which stated in sub
stance that on March II, 1884, q
paper writing purporting to be
the last will and testament Of de-
ceased, and dated July 8, 1881,
was filed in the probate court.
That on said date petition was
filed for probate Of said will
dated July 6, 1881. That there
after the above will Of August 16,
1893, was filed, as well as a petit
ton for probate Of the same.
That letters were issued on said
will Of August 16, 1888, and that
no notice of the hearing on said
petition or order granting the
same was served upon the petit
TONERS or their attorneys under
the petition for the probate Of
the will dated July 6, 1881. That
because Of said failure to notify
the parties under the will dated
July 6, 1881, the order granting
letters under the will dated Au.
gust 16, 1888. was. void and
should be vacated and set aside.
The Washington times., 1934-07-11
NeW Traffic Rules
Hold 5 For Court

Since the Montgomery county
police stationed in Silver Spring
began their drive this week to en-
force the new traffic regulations
for the business district Of Silver
Spring, four Silver Spring resi-
dents and one from Rockville
have been among the victims.
John S. Thompson, Harry
Flair, Lloyd Hatton and Richard
Peacock, all of Silver Spring. and
Arthur L. Spiecker, of Rockville,
will be arraigned in Rockville po-
lice court July 20, to answer to
charges of parking in restricted
area.
The Washington times., 1934-07-11
Sligo Park Citizens
To Picnic SATURDAY.

Sligo Park Hills Citizens Asso-
citation will meet in Sligo Creek
Park, at the picnic grounds. at 2
p. m, Saturday for its first an
nual picnic, it was announced to-
day by Joseph Phalen, chairman
of the committee in charge Of
arrangements.
Assisting Mr.. Pl1alen on the
general committee are Mr.. and
Mrs. Louis YoSt, sr., Gilbert Wiley,
Mr.. and Mrs. Harry Trainor. Mr..
and Mrs. David Harger and Mr..
and Mrs. Richard Barker ..4..4.
The Washington times., 1934-07-11

prior wills, not only would settled
practice be overturned, and many
wills affecting titles be opened to
question (because petitioners raise
o question Of Jurisdiction depend
ent on proper notice-see MoSser
VS.. Flake, supra), but tremendous
inconvenience would result. II it
be held that persons to be cited
include persons who take under
prior wills, such a rule would not
be limited to wills filed, but un-
known persons taking under any
prior wills would have to be cited
or could afterward petition to
upset the probate. Guardians ad
litem would have to be appointed
for all infants taking under prior
wills, code section 1873.
The Washington times., 1934-07-11


Harry M. Keyser is vice chair
man and H. Winship Wheatley,
jr., is secretary of the committee,
which includes Charles B. De
shazo, Christopher B. Garnett, Al
fred Geiger, Clifford p. Grant,
George E. Hamilton, jr.; Vivian O.
Hill, Hallock P. Long, E. L. Marth-
i'll. Louis Montfort, David Wiener.
and William H. Labofish.
The board of directors of the
Bar Association is scheduled to
meet soon to take up the matter
Of adoption of the new member.
ship certificates and Of the cor.
porate seal which a special CON-
mittee has designed.
Speaking of the old.timers
around the courthouse, Gus Ceri.
meli is being acutely missed. Gus
was always friendly and inclined
to lend helping hand to those
who needed it, including many
news reporters.
His resignation was a shock to
his friends in view Of the fact
that he was appointed a deputy
marshal by Marshal Splain dur
ing the Wilson administration.
But he will be missed most Of
all next Christmas time when
the prisoners are herded into the
cell block for their sentences and
arraignments. It was then that
Gus showed his kindly dispoSi.
ton. He always had set up a
Christmas tree in the cell block
and gave candy to the women
prisoners and cigarettes to the
men with a Christmas wish to
each.
The Washington times., 1934-07-11
Previous Law Cited

It appears that Section 100 as
originally enacted in 1901 con-
tanned a final sentence consistent
only with the proposition that the
parties in interest there referred
to are the heirs at law and next
of kin. The substituted last two
paragraphs Of Section 100 put in
by the amendment Of 1902, re-
ferred to above, were therefore
consistent with original enact.
ment in that they refer only to
heirs at law and next Of kin in
providing for publication against
unknownS.
1t appears also that when Sec
tion 140 was changed by the act
Of April II, 1920, to require spe-
officially notice after caveat to
persons claiming under any other
instrument on file purporting to
be will. Section 100 was eft un-
touched and, as above noted, it
had then for 20 years been inter-
preted by the rules of court to
apply only to heirs at law and
next Of kin.
In Parks v. Calvert, Sc App. D.
c. 381, the Court of Appeals con.
sidered an appeal Of Mazella
Parks who (p. 382) "was named
as a legatee in a former viii exc
cuted by the decedent," which
will was superseded first by an.
other will not offered for pro-
bate" Gas in the present case),
and "thiS in turn superseded by
the will admitted to probate"
She petitioned to revoke the pro-
bate. The court said the appel
liant, Mazella Parks, clearly has
no legal interest in the estate"
The Washington times., 1934-07-11

1acent to the
PennSyl v a MIA
Railroad right
Of way, will cost
approximat e ly
$168, 900, a c.
cor d / n g to
plans on file
in the District
Building, it was
said today.
Work on the
n e W structure
will commence
soon under h-
rection of the
Charles Tomp-
kins ConStruc-
The Washington times., 1934-07-11

present system point out that the
elimination Of employees Of the
Federal Government from jury
lists deprives the courts Of the
use Of many Of the most intelli'
gent citizens of the District.
On the other hand, it Is said
that most business men who
would make ideal jurors, plead
for relief from jury duty, Civ.
ing as an excuse the pressure of
business,
The Washington times., 1934-07-11

The Hedin party IS believed
to include, besides the explorer
himself, five Swedes, three Mon.
gols an three Chinese scientists.
Harold Kierkegaard, Danish pos
tai commissioner, also is under.
stood to be a member Of the
party and presumably was cap
tured.
DR.. Hedin's expedition has been
in Turkestan several months,
seeking DR.. Nils Ambolt. Swedish
scientist. who disappeared in the
wilds Of Central Asia last Novem-
Der.
The Washington times., 1934-07-11

the jury system
as it Is applied
in this jurisdic-
tion.
Need for the
study Of the Sys-
TENS Shortcom-
ingS and defects
has been made
PIP aren't by
many events Of
recent years.
It is especial.
ly important in
the matter Of
personnel. Ad-
vocates Of q re-
The Washington times., 1934-07-11
MOSLEMS HOLD
EXPLORERS
CAPTIVE
PE1PING, July IL UN.S0-Dr.
Sven Hedin, noted Swedish ex.
plorer, and other members Of his

expedition into
Chinese Turke-
stan, have been
captured by the
fore e S Of the
M o 81 e m Gen.
eral Ma Chung
Ying, according
to reports here
today.
The explorers
were captured
east Of Urum-
chi and are be.
ing carried to-
ward AkSu, the
s t ron g h oil d
0f General Mo
The Washington times., 1934-07-11

ponents
Of the study
say that, be-
cause Of the
lack Of suitable
material gener.
ally on District
juries, there is
growing up in
the minds Of
the public a
s t ng disre"
spect for the
jury Us tenn,
which must be
preserved at all
costs as q SYM
bOl of conStitu-
The Washington times., 1934-07-11
To HEAD
JURY SYSTEM
PROBE HERE

Leo A. Rover has been named
chairman Of a special Bar AS
sociation committee appointed by
President F. Regis Noel recently
to make an intensive study Of
The Washington times., 1934-07-11
LEGAL NEWS I'D. C. COURT RULINGSFR
WILL PROBATE UPHELD DESPITE FAILURE TO NOTIFY HEIRS

} Act Of April 3, 1925. A Stats.
234, 81 w. L. r. 469, left this por-
ton Of Sec. 65 unchanged, and it
now appears as Title ,1S. Sec. 81
Of Code Of 1929.