Milford chronicle., 1935-04-19
GEQRCET0WN

Ollie Baker. aged about IS, o
Millsboro. employed at Delaware
Colony, the State Predetermined
Home, at Stoekley, is in the Beebl
Hospital with a broken pelvis ant
nose, and severe cuts about the fac,
and head. Faris Hopkins, Negro
aged 25, is in the same hospital al
result Of an automobile accident two
miles north Of Dagsboro, early last
Sunday morning. The Negro was
driving according to Highway OniceI
Russell Jones, who made an investi.
cation, and It is believed that he
was asleep. The car left the road
and turned over, throwing the young
white man and the Negro out.
The annual class play Of the
Seniors Of Georgetown High School
is scheduled to be given Friday
night, April 26th. For many years il
has been a custom for the Senior
classes to give a play several weeks
before the close of school in order
to raise funds to defray their ex-
penses on a trip to Washington and
other points Of interest.
Cornelius B. Walls, aged Sc, a ma
tive Of Sussex County, who A years
ago left the farm where he spent
his boyhoOd days, to go to Camden,
n. j., for the purpose of Identifying
the body Of his father, who was
killed in a train accident in that
city, and later became a resident Of
Philadelphia, was buried at ST.
Johns NJ. E. Churchyard, five miles
from here last Friday Mr.. Walls
died in Philadelphia Tuesday, April
9th, 1885. His death recalls a legal
battle before Chancellor Josiah o.
WalcOtt and Resident Judge Charles
S. Richards in the Orphans Court
here on May 14th, 1882, when the
question was decided whether or not
he was legally" dead. The issue
was brought about by some relatives
who located him and believed he
should share in the estate of his late
uncle, Joshua Milten Blizzard, Of
this city. Walls, who up to that
time had not been in lower Della
ware in fifteen years, was supposed
to be dead, by some of his near rela-
tives to whom he had not written
or had not visited in that time. For
a long time he was confined to the
Philadelphia General Hospital, suf-
tering from rheumatism, and that
was given as one reason why he was
out of touch with his relatives.
Chief Justice Daniel j. Layton, at
that time practicing at the Sussex
County Bar, prepared a petition and
filed with Harvey NJ. Short, who was
Clerk of Orphans Court, to re-
cover for Walls S1,2S5.0S, together
with interest from August 1st, 1924, |
which, as his share, had been drawn |
out of bank and. distributed among |
relatives. Mr. Layton put up a stiff I
fight in behalf of Walls and pointed !
out that While a statute in so many |
words says that a man is supposed /
to be legally dead when he cannot /
be located for seven years, that such
a statute was faulty, and if put to a
test would no doubt prove uncon-
stitutional in the State courts. That
is said to have been his contention
in this particular case. Josiah Mil
ten Blizzard, the uncle, in whose
estate Walls was supposed to share
died on December 25th, 1916, ut his
home on North Bedford street, here,
leaving an estate of several thou
sand dollars in cash and real estate.
that Walls was dead, since
he had not heard from him in many
years, Elisha Campbell, living near
Lewes, took advantage of the statute
which declares a man legally dead"
after seven years if not heard from.
He applied for letters of adminis-
tration on behalf of his wife and the
latter's two sisters. Letters were !
granted on January 18th. 1925, and ,
on February 9TH of the same year a
petition was filed in Orphans Court .
10 draw the money. The money was
divided between the three sisters. ,
Walls was declared. not to be legal J
y dead" and received the money to :
assist him in his declining years.
Walls for two years, it is said, oper- :
tied an elevator in a building at ;
Twelfth and Cherry streets, in Phil =
ldelphia. In July 1881, he was at
acked by rheumatism and had to i
lbandon the job. He finally went
o the hospital where he remained =
or many months. The case prob =
.bly is the only one of its kind that \
las ever come up in the courts of !,
Delaware. While Mr.. Walls three Il
ears ago was declared not to be :,
legally dead" and now actually is 8
cad, his name will forever live in n
he court records of this county in q
that is considered. a celebrated case. p,
'hillips VS.. COnant Suit h
Suit for damages for alienation of
be affections Of his wife, Mrs. Mar i.
aret z. Phillips, brought by her y
John F. Phillips, Of Re-
oboth, against Daniel G. COnant, n
at the famous Delaware = =,
esort, has been occupying the at "
sntion of Chief Justice Daniel j. 4,
ayton, and Associate Judge w. W. H.
in Superior Court, last n
and Friday, Phillips in - -
is declaration asked $4,000 heart =,
aim. =
II was contended that Conant. who r
ecame postmaster at RehObOth on
nne LIST, 1888. did "alienate the af- "a "a
,etiOns Of Mrs Margaret r. Phil ~
ps, clerk, on December 26th, 1888, ~
nd other times between that "a
lte and the commencement Of the le
,tion, at the postoffice, and that az
} 'wrOngfully and wickedly de- pl
luched and casually knew that lh
Ie said Margaret b. Phillips to be IN
IS (PhillipsD wife and thereby the su
feetiDns for the plaintiff was then ca
I'd there alienated and that the GO
aintiff wholly lost and had been hu
,nrived of the comfort. felioWship as