Detroit Free Press from Detroit, Michigan • 5

TIIE DETROIT REE PRESS: SATURDAY MARCH 26 1SS7 AIR 'WATRR Match a nu tnr MIchL Cm er was njxnuluro variable cencrab? nothe i 'wwnni Jiich grreia" fair weather be oe warmer :) ast rb tnls Signal service Keport Vxthoit March 25 1 rc ch 'mt a tnken at the same 'r ill the named: Weather ihihtsnow 1 clear ru rr NW 10 Cloudy NW Clear clear Uxhtrjdn 21 i 3 clenr 7 NW clear 1 ((A I'All CL A SAYIbGS ASD DOINGS Registration closes to day I Vtbo Collier is the last deputy appointed by fherttf Mttleiie 1 Depots sheriff Perrin White of Northville i has undertaken he capture of Charles Nixon Bullock the boy evangelist will address the Western on Sunday at 1 in auuel Dickie of Albion will preside at the lecture of Jotin inch at Beecher's Hall to rfcbt Morris A Co will remove to the corner of street and Jefferson avenue about May 1 Dr Cook Mayor of Napanee Ont was I in the city yesterday on his way home from Omaha The probability Is that Detroit Lodge of Elks will buy a burial lot in Woodmere Cemetery for an Rest Nine deaths four being of children and two cases carfl of ariet fever and diphtheria were reporter! yesterday Curtis son have sold within ten days S27 000 worth of improved property and worth of vacant property Park Commissioner Marsh ho went to Kan ris City on Monday is expected home to day Commisdoner Slocum is at Whitehall li Scott of the New York Witness will the prohibitory amendment iit the lin 0in Avenue Church Sunday evening The Democratic City and County Committees have secured rooms in the Walker block corner of ort and Griswold streets Entrance through room No Alfred Griffin Chairman of the Kansas Anti Saloun Republicans was in the city yesterday on his way to Teuton to speak In belief of the amendment The Reform School candidates Willie Lan deroot Aiex Smith Alfred Perry and Willie Scott will be taken to Lansing by Roundsman Henry Shoemaker to day Eddie Snyaer 15 vears old and residing at 533 Seventeenth street was locked up at police headquarters last evening by Officers Breault and Wolfe on a charge of truancy Mayor Chamberlain ha not yet decided whom to appoint City Counselor lie is also casting about for a suitable person for Building Inspec tor to succeed has Hathaw ay Joseph Littlefield a brother of the Sheriff bo owns valuable lead mines in Columbusas and wears diamonds is visiting the Sheriff a few days at the jail residence 1 1 YrtCO fct It 1 ft I si meau nu RANCIS MILLIONS' The Now in Progress as to Who Shall Possess Them I WHAT THE PETITION POP A LEGAL CON STHVCHON THE ILL AMOCNTS TO i if I It Is Practically Attempt to Have the Instrument Declared Void SOME INTERESTING ARGUMENTS AS TO WHETHER THE TESTATOR HAD THE RIGHT TO TIE UP HIS ESTATE AS HE DID A case involving a larger amount than any ever before brought in the courts of Wayne County if not in the State of Michigan and one hinging upon the most difficult points of law all attorneys admit was partially argued before Judge Jennison in the Circuit Court yesterday It amounts practically as was fully demon strated by the arguments to a contest of the will of rancis Palms who died last November leaving an estate of as it is now esti mated The matter was brought into court on a petition to have a judicial construction of Certain clauses and this is what the court is asked to do But by the decision the will must stand or fall wholly or in part As one of the eminent counsel admitted yesterday: is a practical contest of the Palms will That is just what it was brought for and what it amounts The suit was brought by rancis and Miss Clotilda Palms children of the testator and O'Brien the three acting as trustees and ex i ecutors of the will of rancis Palms against I the seven minor children of rancis Palms It is claimed that a provision in the will which retains the property of the minor children of rancis Palms in the hands of the trustees after the death of rancis and Miss Clotilda Palms is against the statute of perpetuities and renders the will void It is also claimed that a codicil providing for the accumulation of min ing royalties is equally objectionable under a similar statute On the other hand It isclaimed on behalf of rancis Palms and his children that the will is valid throughout There Is an array of learned counsel repre senting the parties in interest and the court room yesterday was crowded with interested listeners to the arguments many of whom were rlisappointej not to hear ex Judge Cooley lie closes the case this morning after Judge Mars ton has concluded his argument The case is one of peculiar interest to the profession and others and the result will be anxiously awaited One of the attorneys said last evening that since January his time had been almost wholly occu pied in preparing his brief Otto Kirchner representing rancis Palms and AV O'Brien was the first of the attor neys interested to arrive in the court room yes terday morning He was loaded down with law booksand his pockets bulged with papers Then came in ex Judge Cooley and Prof Chas A Kent who are looking after the interests of Miss Clotilde Palms This lady dressed plainly in black with fur trimmed jacket and astylish hat An open meeting of the Assem bly No tia3 Knights of Labor held in room Iff llilssndegen block last evening was addressed by Jeremiah Long The attendance was slim The women of the city interested in serving lunchatlbe polls etc for the 4th of April are requested to meet at Royal Templar Hall on ednesday next at 2:30 tn to organize for th? various wards in the city Said a well known Detroiter yesterday: was married August 15 1655 thirty two years ago next August On the night of our wedding in the City of Cleveland my wife and Pwent to the theater to see Maggie Mitchell Register of Deeds Roulo will visit Chicago next week to see If he can adopt any of the methods in vogue there to simplify the work lu the office here He has already In several ways made Improvements in the system here Philip Phillips known as the Pil grim" will soon be here with his new entertain ment of tours around the world which is said to be a most attractive photo optican show in terpreted by a lecture introducing numerous songs The Board of Health at its annual meeting which occurs in first part of next montn will appoints successor to Dr Wight as Health Uihcer The board at its last meeting appointed a committee of three to nominate a suitable person for confirmation or rejection by the board bam Van Busker drives a Gratiot avenue car attlaWow from his fist carries great weight This opinion is shared by two footpads who at tempted to hold (Samuel up at an early hour yesterday morning on the Mack road They came after wool and were left sprawling on the ground A lawyer by mistake walked off with Detec tive James hat from the Police Court yesterday afternoon But Connolly who has re covered so many hats and things for others was equal to the occasion in his own behalf and soon recovered the tile bleuth" never mtesei his man The pins having been knocked from under the Republican scheme to put a third judicial ticket In the field in this county by The ree Presi some of the labor leaders will advocate the sup port of a ticket made up equally of Republicans and Democrats who are already in the race for the Circuit Judgeships When the case of William leming was called in the Police Court yesterday the defendant did not respond His bail of S500 was declared for feited andhls rearrest ordered leming is ac cused of conspiracy in defrauding John Hose man of Kalamazoo out of on ebruary 3 at the Central depot by means of a bogus draft The Building Inspectors have decided to have additional protection for the guests in case of fire adopted at the Russell House The princi palprecaution they will ask for will be a bridge to connect the two Ings of the building so that incase of necessity inmates of one wing cut off from the stairways by fire could escape by the other The very interesting paintings exhibited by A Moore ill be withdrawn from Hanna allerv on Monday evening next In the meantime Sir Moore will be at the gallery dur ic the greater jiortion of the time and will be pleased to exhibit his studies to those who are interested not only in the results tfut in the i mcesses of art in the Court yesterday Mary storey was found guilty of the larceny of vari ous articles from the store of Newcomb Endi Cor The jury decided that the plea of Insanity was not good lora Waters of Close's alley was convicted of picking the pocket of nenry Johnson of Both women were re tuanued for sentence William Kasten will be examined in the Po lice Court on April 1 on a charge of assault with intent to kill Alvin Hohltield charged Jiff simple larceny will tie tried to day Jacob reed man assault and battery March 31 Geo A heat Mary Wheat Thomas Ryan and Gu tav Alug assault and battery March ts John Tobin 8 years old simple larceny trial to day A hard featured female of some 45 or 30 Tears entered the store of Culp Wardell 5 Monroe avenue yesterday afternoon and asked or five cents The manager told the woman he cMn't dispense charity in that way whereupon the woman lay down on the floor and began to Tea The telephone quickly brought the patrol wagon and the woman was taken to the Woo'l "rdge Street Police Station A meeting of the Grosse Pointe Club was held A the Russell House last evening to take under wusideratlon the question of so amending as to permit the erection of a limJ butnLr of cottages along the easterly line the property 100 feet to the east and 100 feet the north of the club house The matter elicited some earnest discussion and the pro pcfci amendment was finally adopted The Builders' Exchange has leased from St ram's Church the ttiree story brick building Mi 42 Congress street west formerly used as a rectory Tee upper Boor is occupied by the Jan i aad the first and second floors are used by tae Exchange which will bo represented on atffch 20 at the meeting of the National Buitd re Exchange In Chicago by T'lre Commissioner ilHain Etapleton William Candler William Avery and Aid Thomas airbairn rank and Miles Loomis were ex aisiued In the Police Court yesterday on a reside of assaulting John Johnson with intent Jo du great bodily barm Waller Johnson a eon the complainant in giving Ills tesumony vu sifch violent gesticulations that be knocked lWr tumbler from the desk of Justice Haug It as shattered upon the floor The evi rence showed that the affray was in the nature we fight and the defend ants were dis painful disease rheumatism vsa Le ijeriaaiuwit ly cuifci by Salvation OIL years have pu aed since theintro vtion of Dr Cnugb Syrup and it still unrivaled Get the genuine Price ffac on which was a bird of raven blackness and with a wonderful display of tail feathers occu pied a chair at one side of the room Collector Catnpau acted as her escort and sat by her during most of the proceedings Many promi nent attorneys who looked in during the fore noon paid their respects to Miss Palms who always seemed an interested listener to the ar guments Ex Judge Marston and Col John Atkinson representing the seven children of rancis Palms were the last of the counsel to put in an appearance Mr Kircbner said he had brier testimony to offer and took the sta nil Mr O'Brien testified that he was one of the trustees and executors under the will of the late rancis Palms who died November 24 Inst He left a son rancis and a daughter Clo tilde ths latter unmarried He was familiar with the general character of the assets of the deceased which consisted of bank insurance and other corporation stock and real estate in Detroit the Upper Peninsula and in Texas i the amount of net revenue derived from the estate asked Mr Kirchner "it will exceed js your knowledge of the property is this revenue likely to "It is bis will be by the conversion of non revenue paying lands into revenue paying ones The lands in the I pper Peninsula are mining lands Tbepine timber on these lands has been sold No mines are open on any of the lands only explorations have been made Prior to his death Mr Palms executed one lease for min eral "Does the net income of S100000 per year in clude royalties or incomes from does not" Register of Probate Homer A lint was sworn identified the will of Mr Palms and it was put in evidence The proceedings were at this point adjourned from room 3 to room 1 Judge Speed giving way in the larger room The array of counsel settled themselves about the long table and other seats inside the bar rapidly filled up with members of the legal profession desirous of hearing the cause argued Mr Kirchner onened the caae The bill he explained way filed by the three trustees against the grandchildren of rancis Palms to obtain a judicial declaration as to the validity of the trusts explained iu the will Their claim was that the tru did not suspend the powers et alienation for more than two lives The will was not at all complicated As no doubt many readers of The kee Press have forgotten the provisions of the will they are given as summed up by Mr Kirchner Ail the property was left to the com plainants in the action in trust they to sell lease or repair the property and to invest and reinvest the proceeds to pay certain legacies not involved in the contro versy to pay one half of the income to rancis and the other half to Miss Clotilde semi an nually upon the death of either child without issue surviving it to pay the entire net income to the survivor for life to pay one half the prin cipal of the estate to the children of son and to the issue ot any deceased children by right of representation in equal proportions upon his deal the same provision regarding the daughter children if she has issue The tenth clause of the will upon which nearly all rests is: he share of any grandchild who maybe a min upon the death of his father he being my son or of his mother she being mv daughter shall remain in a part of said trust estate and under the management ot said trustees until such child shall he of age In that case said trustees shall make allowance as to them may seem proper for the support and education of such grandchild" The second clause of the codicil by which it is also sought to break the will reai "I hereby direct that the royalties and all other moneys received from leases from mineral lands whether such leases bo made by me dur ing my lite or my executors and trustees after my death shall be considered a portion of the capital of tnv estate and shall be invested as such bv my executors and trustees the income from such capital to be paid to my children as my will provides the accumulation from these sources not to continue longer than the minority of my grandchildren now living after which thuToyaltics as incomefrom mineral lands shall be paid to my The trustees under the will Mr Kirchner argued were given power to sell Hie property and to invest and reinvest at their discretion This power was not contingent on Its being ex ercised in connection with any other powers Io start with the trustees were given this unre strained power The common law rule against alienation had been modified by the statutes of IMO so tar as relates to real estate Section 5530 of Howell" annotated statutes providestliat every future estate should bo void in its crea tion which suspended the absolute power of alienation for a longer period than prescribed in the which was found in tue next sec tion as follows Sec 5531 The absolute power of alienation shall not be suspended by any limitation or con dition whatever for a longer period than during the continuance of two lives in lacing at the cre ation Of the estate except in the single case mentioned in the next section next section referred to has no bearingon the point at issue The statute aid Air Kirchner did not con tent itself with prohibiting tlio iowtr of alienating bejond the lives of two beings but such power was suspended when there were no persons in being oy which an absolute fee in possession could be conveyed The will disposed of real estate as well as per sonal property iEo far as it related to personal ity it violated no rule law either in the trusts expressed cr in tl interest sought to lie vested So far as It affect pereomtl property therefore the will should in any event ba sustain i here were no statutory provisions of this tite" limiting the suspension of the powers of na tion and the accumulation ot um income of ijcrsonal property The common law rue' limiting such suspension the perbi of any life or fives in living and twenty one oars afur OR USE IN A JOINT a el he i ULTIMATUM PALMS IS PRESIDENT TVlcotlll will Trunkful of the Opium Handled by Way of Detroit Captuied in San rancisco far as question must be limited THE DRAYKAN WHO RECEIVED IT DELIVERED IT TO A PROMINENT CHINESE MERCHANT The annual meeting ot the Home Asoclatlou will be held at the Home 12u Ca street ou Monday April at 3 nt riend welcome BELLE WARNER REYNOLDS Secretary ADVICE TO 51 OTHERS Mns Soothing Syrup should al ways be used for children teething it soothes thecliild softens the gums allays all pain cures wind colic and is the best remedy for diarrheea 25 cents a bottle When in the city stop at the Madison Hotel $150 per day Single meals in proportion That popular blood purifier Sarsapa rilla is having a tremendous sale this season Nearly everybody takes it Try it yourself The Striking linkers Mint Come to Terms Before MoiidHy Nearly a week ago has passed and matters be tween the Journeymen Bakers and their em ployers still remain unsettled aud seem likely to remain so Robett Alorton the Grand River avenue baker yesterday addressed the follow ing to Bakers' Union No have filled the places of four bread and one cake baker perma nently I shall keep the other places open until Monday night and no longer and as you have rejected all my advice on you must rest lie responsibility On and after this date 1 shall hire whoever I wish whether he is union or non union but I am determined that from this time forth no one or any number of employes shall say whom 1 shall hire or make rules tor the regulation ot my shop 1 shall continue to pay the wages I have paid in the past overtime to be The following petty thefts were reported to the police yesterday A $3 Ansonia clock from the Miami avenue public school six bags of oats worth $5 from the wagon of Edward Mil liman of lat Rock at the corner of ort street find Catupnu avenue a $4 rose wood spirit level the property of Wm Quigley of 172 ifteenth street stolen from a new bouse at the corner of Hancock avenue and Seventh street Special Zion Lodge Saturday March at Annual banquet TROWBRIDGE Secretary Damaged by fire smoke and water $00000 worth of clothing at No 10 Monroe avenue The Officers of the Newly Organized Citi Association At 3 yesterday afternoon a meeting of the directors of the Association for the general welfare of Detroit was held at the office of Wm Maybury Charles Wright pre siding All the members of the board were present except A Block and reer who are out of the city and Standish whois confined to his bed by illness The following officers were elected: President rancis Palms Vice Presidents Hayes Ed son and It McD catnpau Treasurer John Bagley Secretary Charles Hathaway Aspecial committee to secure a permanent office or suite of offices was appointed with instruc tions to procure suitable premises on the first floor in a central location which would attract out of town visitors A New IIioui for Councilman Look Nothing as yet has been settled upon regard ing the candidate for he short term for Circuit Judge by the Democratic County Committee A reeling however is manifested in favor of nominating Councilman William Look for the position The Third and ifth Wards are solid for him Ever since the arrest of Robert A West the alleged smuggler of opium the officers of the customs service in this city and in San rancis co have been studiously endeavoring to com plete the list of the members of the extensive conspiracy through whose hands the contraband drug passed on its way from British Columbia to St Thomas Ont Detroit and San rancisco The arrest of West in this city was the first in terruption in the working of the system which lias no doubt cost Uncle Sam some thousands of dollars in the way of defrauded revenue The identity of the parties operating on British ter ritory is comparatively immaterial as they are not amenable to law and a knowledge of their personality might or might not be of service in tracing the members ot the conspiracy in the United States Intelligence from San rancisco receive in this citj last night throws con idefable light on the persons who were the recipients of tbe drug in that city and leaves little doubt that by to day all the guilty parties iii lie known and under arrest it is ascertained that shipments from Detroit were received in San rancisco by a drayman named Edward Bohannan residing at 223 'arrell street and delivered by him to a prominent Chinese merchant named Wah Mee who was arrested some days ago with a trunk tul of the drug removed from a Sixth street stable Wah Mee simply closes up like a clam and refuses to say a word 1 iohannnu on the contrary loudly protests his innocence and claims that if he has delivered any of the prohibited drug he lias done so without a knowledge of what it was The United States Commissioner fixed bail at the sum of $50g0 It was procured and he was released The United States authorities in San rancisco feel assured that they have the right nian in custody As a consequence Collector Campau and the officials who worked up the case against West are highly elated By always keeping: Simmons Liver Regulator in the house have found Nimmons Liver Regula tor the best family medicine I ever used for anything that may happen Have used it in Indigestion Colic Diarrhea Biliousness and found it to relieve imme diately After eating a hearty sunper if on going to bed 1 take a teasoooufuL I never feel the effects of the supper eaten ex Mayor Macon II El LIN CO Proprietors Price til 00 PHILADELPHIA PA ward was applicable here The only question wa whether the court wonld sustain tbe trust as to personality if it should hold it void as to realty The authorities Kircbner contend ed answered this question affirmatively and he cited a number ot cases iniludiug Tom Vs William 41 Mich Mr Kirchner's second proposition was: The trustees are given full power to sell and dispose of property real and personal in their discre tion There cannot therefore ever tie a time when there are "no persons being Uy whom an absolute fee possession cannot be con This was a Droposition which Mr Kirchner considered settled in the case of Thatcher vs St Andrew's Church 37 Michigan t7 and widen was otten referred to in the arguments This decision laid down a rule of property which bad ever since its enunciation been regarded by the profession and under which he had drawn hundreds of wills When such a rule was established all criticism was forever si lenced It was not necessary to go to New York or Wisconsin after our Supreme Court bad sjioken on the subject If the decision in the Thatcher case was not sound then thousands of will were not worth the pnpet on which they were written The gentlemen of the other side had been kind enough to furnish with their briefs It was claimed tn that the New 5 ork decisions differed from those ot tbe Michigan supreme Court 1 be only case New ork where the decision held that the bare power of alienation vested not take the ease out or the against lerpcr held for a period prohiu: nrewer vs nrewer i cede that this which In in New ors "Unless 1 little profit should enn th: raises it beyoti statutory prim case Lnueror willing to Ion' Supreme Court desi nail Better itself ing not onli the intere sustained and so much as away In opening this to submit We contend is valid If the court flint the trust does not extend of the two in being then we the court to treat it as a mere power of sale conferred on the trustees: if not thiit if the trust is void beyond the two lives in being it is a void encumbrance We ask you to hold the will in full force aud effect as to personality" Mr Kirchner occupied over two hours with his argument and was not once interrupted The clock was on the stroke of 12 when A Kent began his argument on behalf of Miss Clotilde Balms In considering a will or a trusthe said the possibilities were to be consid ered If by any possibility an estate conflicted with the rules of law that estate was void He claimed that if Miss Clotilde alms died then and there her estate would go to her brother and when he died would have extended through two lives and still be vested in trustees Clear ness was a first essential and he went into the common law independent of the statute and then considered the latter the realty was concerned the th nt thi will rintf'TYY'innrt hv hft statute This the time during which estates could become in alienable in the New York cases quoted by Mr Kirchner Prof Kent held that the question ot vesting of trusts had nothing to do with it it was whether an estate was alienable or Inalien able Vested he argued meant property held bv a person so that it descended to his children Vested was all wrong in the sense used by Mr Kirchner Whether the estate vested or not so long as it remained in the hands of the trus tees it was inalienable As Mr Kirchner pre dicted Prof Kent wanted the whole will set aside but bad only fairly warmed up to his ar gument when at 12:30 a recess was taken At the opening ot the afternoon session Prof Kent immediately resumed his argument come he said "to the question whether the power of sale convened in the will makes the estate alienable within the power of the statute" The policy of the common law for 300 years was to arrange it so that property might be sold given anything so as not to keep it tied up It there were a pile of derisions fill ing all the books he would still say that the tuudamental principles of common law could not be overthrown by the casual decision or remark ot any judge The power of sale under the will could only be exercised to increase the property and make a better investment A man who held property in trust could sell it only tor the benefit ot the trust In commonnw' there was no such thing as a vested trust es tale inalienable There was no possibility at common law that the power of sale could be ex ercised beyond the limits as to perjietuity Kent then took up several New Y'orK eases cited by Mr Kirchner There was no di rection to hold property in the will Had there been a direction to sell real estate and invest in personal property it would all be considered as personal property but that question did not arise It was customary in all the New Y'ork cases to hold the power of sale void Upon anything outside of the State it was perfectly settled that no power of sale could extend beyond he limits of perpetuity If it did the rich men ot the coun try might ti up their estates forever and uye Prof Kent here referred to the ease ot Thatcher vs St Church 37 Mich on which Mr Kirchner said he was willing to rest the en tire case and a good humored little tilt between Prof Kent and ex Judge Marston ensued Prof Kent remarked finally that no citations were given in the decision at all is the fault ot the said Mr Marson It would seem that the Jndge looked at no authorities Himself" retorted Prof Kent and a smile went round among the attorneys for Mr Marston himself wrote the opinion ollowing the words of the statute conttnuea Prof Kent the whole trust was void 1 he Palms estate was within the lull meaning ot a future estate as provided in the statute iquoteu above) Then the question came up was it one estate or several The trustees were given the whole estate When the last grandciild be came of age the trust would cense But bad they several estates? No" said Prof Kent "In my opinion there is but one estate Money is to be paid to sever al different persons but still it is but one As soon as a court began separating the autes of a will lie argued it began making a will In trying to save what was valid a entirely dlirerent from rue one luieuuou two lives in being at the time of the testator's death This proposition is self evident Noth ing stands between the right of actual posses sion ot the testator's grandchildren and such of their issue as would take by right of representa tion save the lives of tbe testator's son and daughter The question therefore is whether the will violates the rule against perpetuities because the tenth clause of it extends the trust during the minority of the several grandchil dren and beyond tire two lives in being at the time of the Mr Kirchner submitted that notwithstanding the tenth clause the interests of the grand children in the remainder vested as in interest nt the time of the testator's death and would vest in possession immediately upon the death of either rancis! or Clotilde On this point a score of cases were cited Also that in any event the interest of the beneficiaries was indis tinguishable from the trusts They are so far as they extend beyond the lives of the son and daughter to be treated as powers anil if illegal to that extent as void encumbrances upon the oKini pte tfnit Prof Kent would claim that if the estate vested in the trustees it would not be vested in the grandchildren Tills was wrong The title vested in tbe trustees tor the purposes "of a trust only The property Was given to the trustees for this purpose or all other pur poses the title was in the beneficiaries If the court held that the effect of tbe tenth clause of the will was simply a mere power over Hie estate conferred on the just such power as a guardian might exercise or a person appointed by ttie court to sell the real estate of then it was a mere power of disposition loinvest and reinvest Apart from this the title vested in the minors "it seems to said the counsel citing a number of cases this ends any contro versy Prof Kent will ask you to overrule these cases and throw the will overboard on account of the clause vesting the estate iu trustees dur ing the lite of the two children and that the whole will is void But I contend that wherever a trust is created that extends beyond the time of the statute so much as is good should be WJ1AL L111UY all 1 have that the will of opinion beyond the lives Xiecl At 254 Beaubien st i rid ay March 25 at 8:45 Henry Look aged year 6 in out ns Notice of funeral hereafter IIVTCHINGS At Highland Park HL March 24 Mary Irexe beloved wife of Kichuid Hvtchings and eldest daughter of the late Col Pinkney LugenLeel A Notice of funeral hereafter In this city Match 25 of scarlet fever Emsia wife of Overton Kinsey aged iii years Eune al from family it sidenco 126 Maybury ave ue Saturday March 6 at 3 tn At 76 Twenty first st eet March 25 18S7 youngest chiid of and Deltleld Star RttT of Mukegon Mich aged 13 months uneral Sunday March 27 at 2 in Burial private CUSH Ellenou Cushway wife of Maglore Cudiway died March 24 aged Wi years 11 luouthd and day Services at St Joachiurs Church at a Saturday March 26 Burial at Connor Creek the trustee duesDeration ot the rule ine proceeds may be el by the rule was 147 He would cou the Diotxisitioii tor that was tbe only case ii th ises with very dared "those decisions nt once and forever It i i i rtsts it on the lareil in the Thatcher circumstances I would be riht here If the to reverse its ruling it ed to tne unreme Court But in a case ot tins importance invoiv nousancts but millions and where i 1 seven minors are at stake I tee! mu 1 inv dutv 11 I tlitl not consider some other The will bhouiu be sustained Mr Kirchner re iterated so far as it related to personal proper ty That section ot it was valid It the estate consisted alone of personal property there could be no possible controversy It the court found that the tiust expressed in the will violated the statutory rule against perpetuity the court should sustain it only as to pi rsohal property and consider it as to realty i lien Mr Kirchner made another point and it was this: The beneficiaries under the will take in sever alty Tie will therefore creates not one entire trust but ns many separate trusts as there are separate interests disposed of ny it the death of rancis Balms argued the counsel the trust would eease and the children come into possession ot the undivided one half As uming that the title remained in the trustees I until tbeebiidren reached the age ot 21 on the death of rancis Balms the trust with respect to each child would begin As soon as eacn at tuined majority he would lie paid his share so several trusts were to be dealt first two life estates then separate and distinct trusts as to the children their trusts in a possible interest which the children ot rancis would have in one hall so there were twenty three distinct trusts each independent of tbe other The will so far as the grandchildren are con cerned was the same as it separate trusts had been created for each ot the seven 1 rlaiif 1 1 tiro torrfVi rvlosicro fVirs Sir Kirchner said interest of the Pldror at t'1? rate of twenty cents per hour several beneficiaries must necessarily vest in Die hours of labor will be the same as in the possession immediately upon the expiration of year eleven hours inclusive of meals shall two lives in being at the time of the testator's constitute a dav In conclusion I would say that 1 do not think that tbe majority left their em ployment of their own free will" The understanding ot the unionists was that Mr Morton invited them to come back uncon ditionally and that if they took no active meas ures to support the boycott against John Wagner co they would be permitted to retain their fealty to the union It has not yet been decided upon by tbe strikers formerly in Mr Morton's employ wheth er they will accept bis last proposition or not for in accepting it they renounce all allegiance to the Bakers' International Union until after the strike and boycott have spent themselves It is understood that they will hold a secret meet ing to day and decide what action to take in the inatlur If they accept the ultimatum of Mr Morton it will put an abrupt end to tbe strike and also kick up a row among Detroit unionists Bills Saved pSTARcauGKGURE Safs and Sure or Babies Ilb Baniiiy and riends Use It New Y'ork Jan 1SS7 The asiern Advertising Manager of the Chicago News" 47 Tribune Build ing New Y'ork authorizes the statement that in several instances among friends and in his own family he has seen speedy and complete cures of severe and under other treatments obstinate coughs made by the Red Ntar Cough Cure and that he regards it as a standard remedy Coughs Colds and re Throat Belleville St Clair Co III Dec 17 ISSfl tiur family having been afflicted with coughs colds and sore throats a great deal this winter I pnrebused three bottles of Bed Ntar Cough Cure and the benefits we received from it were wonderful and I heartily commend it WILLIAMS Sore Throat anil Hoarseness Cure Bowling Green Howard Co Aid 1 had four children sick with sore throat and frequent coughing I gave them your Cough Lure as directed In about a week 1 starred the children to school again and they have been able to attend regularly ever since I was taken myself with hoarse ness and great oppression on my chest and was cured by it RIDGELY' A atal Sleep The latest instance comes from Chicago where a little child after being given a dose of some cough mixture containing opium or morphia sank into sleep and in spite of ail medical aid died Opiates are injurious to any system more esiiecially to that of a child and such a timely warning as the above ought to be heeded by all One of th things that make Red Star Cough Cure such a boon to mothers is that it contains no opiates and can always be administered with perfect safety THE CHARLES A VOGKLft CO ait law re JId All prioni USING S) Jir ibs Oil or Heti Star uql Can will by sriuiiiKi two ernt xtamp and history of thrir rm tpvtcr RER' JACOBS O5J THE GREAT GERMAN REMEDY iltv Cents At Tlreszirt' nl HIE CIURLES A VOG ELEK Baltimore U1 S1 Permit Only Competent Opticians TO EXAMINE YOUR or Spectacles Eyeglasses SMITH CO Scientific Opticians anti Jewelers 163 WOODWARD AVE Examinations REE no i i a i fi I 3 ul Il j3 a COKE CHARCOAL sssWOOD LEHIGH VALLEY Hard Coal all sizes WEST MASSILLON Coal for parlor grate and domestic use CAMP CREEK CANNEL for parlor grate JACKSON HILL for cooking stoves SUNDAY CREEK Coal which has no equal for steam and domestic use CHARCO Aland COKE of Vest quality All kinds of Sawed and Split Wood delivered to any part of the City Yard and dock on Atwater st between St Aubin and Dequindrc and oot of Stivard st and Grand Raver are and Railroad Crossing Main office 150 Jefferson ave corner of Griswold HURLEY Telephone No 707 Gjicago Corset (o (S) TRADE rflARK I 0 I PAT OCT COSSET (g) SOMETHING NEW Warranted to neither breakdown or roll up in wear Ione Cfnnine without KAilO stamped on inside o' Corset Try It! It will yon aotlne If not a represented CHICAGO CORSET CO CHICAGO NEW YORK See that the YATISl STAMP is on inside of Corset WW WO 5 IW ITS PERECTLY THE IRST TiMS WORN Meney rHoroM bytiler afser uib daet wear if not tonnd tbe most PERECT PITTING COMuBTAliLE worn hniil be all dealer CROTTY BROS CHICAGO ILL xb vvaGg If 1 a I 'IB Yields Every Mure Owtoff to th diagonal ELASTIC v) vnt OR RENT The three brick hnp lately oc cupied by Vinton Co or particular inquire of TOWAR BROSL Ave A NEW ERA! TliE 1 IllJ thud til nil SJlrllMATElUI Tbe crystallised tails a extracted from grapes fnilt a Tuot wonderful product from Natures laooi I atcry the greatest st preparation ever placed before the American I sal Mu catelle Nature's own product: tt supplied to the wear svnCciu the want ot eound ripe grapt andfnitt: It keeps the blood pure and tbe brain ch ar is a natural blesdax to the and wttryan imperative comp aion to bustues men ladle and children Have it In your hocus travels summer re sorts aud sea side cottnreK Sick Headache and Dyspepsia Cure I Prepareil by the SAL MDSCATELLE CO Box 3432 New York City OR SALE BY rank Inglis cor Griswold and State st Jamfs A TaYloh cor Howard and Third sta and cor Michigan ave and ifth st IL RrciATUs 7SU Jefieon ave niciu bps 204 Jo Cmnpau ave Mvfilkr 120 Woodward ave HichaRI Inck I Woodward me Send for circulars Wholesale agout ARRAP WILLIAMS Jt CO Detroit Mfch a nd Eni Kindly ex1 DIRECTOR THE Max Albert Zither Club and Teacher Zither and Violin SOLE AGENTS or the sale of WIRE ROPE to: 1 We cordially invite Vessel Owners Cuptivius ncers to our store amine our goods Every article we sell is war a ranted Our prices are fair and low We shall try to fill orders promptly audio your satisfae 0 tion We aro NAVIGATION OPENS SOON I IMt IS 0 MT VERNON i COTTON DUCK I SEWaLL I PURE MANILLA ROPE I "We have the best grades of Tackle Blocks Oars Signal 5 Lamps Deck Pumps Oakum Spun Cotton White Lead etc mBIHE HARDWARE A SPECIALTY A new stock of Choice Ma rine Glasses Barometers and Compasses just received Examine our fHE PARA RUB BER HCSE made up to our or der expressly for hardest deck use It's the best ever offered Pure Rubber Valves a spe cialty SMd Cliandiery Mill 16 TO 20 WOODWARD AVE BLACKSMITHSUKTTENTION PIEDMONT COAL or Smithing purposes per ton deliverel Cor ourteenth andBa ker Telephone 12 OP Ths Best Advsrtising Mediums Through to Reach the arming Community OVER TWO MILLION READ ERS WEEKLY Thee paper reach tho best class ol armers in the Xortlisvest Catalogue eon tuining names of papers location ut ao vertising rales malleil free to all applicant Adlrci STKONG Manager 0 til Street Chicago IU 1 I Vh ar fl I.