The Morning News from Wilmington, Delaware • Page 2

TWO WILMINGTON MORNING NEWS. WILMINGTON, DELAWARE. TUESDAY. DECEMBER 23. 1947 modify or terminate the restric Christmas Day for points any further than in the East.

tions The raised in the suit are of common or general interest to many persons constituting a class HOLIDAY PACKAGE MAILING IS HEAVY ANSWER IS FILED IN BUILDING SUIT so numerous as to make it impracticable to bring them all before the court and therefore the committee is defendant the whole class," the answer continues. It then states that "Section of THE FASHION CAPITAL OF DELAWARE Westover Hills is an integral part of the entire neighborhood known as All Records as to Volume And Receipts Expected To Be Broken at Postoff ice Westover Hills Residents Claim Restrictions 0 Houses Cannot be Waived Westover Hills as to which there is a general scheme or plan of develop ment that has already been made Postmaster said. Incoming parcels were running at a fairly heavy volume late yesterday, and the general picture of the Christmas "rush" from early in the month to now, is that all records as to volume of mail handled and postal receipts of the Postoffice wil be exceeded for the Chris Unas season anl the calendar year of 1947 as well. However, no official admission of this could be obtained yesterday. The 32 trucks borrowed from the Delaware National Guard and the regular postoffice fleet of 34 trucks were busy yesterday hauling mail.

Today, however, some slackening off is virtually certain. The force of some 300 "extra" clerks and carriers which has been working for a number of days, may be reduced today as the volume of mail drops. Postmaster General Donaldson's order for a Christmas holiday for virtually alt Postoffice Department employes throughout the nation, beginning at noon tomorrow and extending until Friday morning, means that last minute Wilmington mailers, even with air mail and "special" delivery stamps attached wil lnot likely obtain delivery by effective as to the sections or por MAN IS INJURED WHEN HIT BY TRUCK William Smith. 36, of 508 West Third Street, suffered minor injuries yesterday when struck by a truck at Front and King Streets. He was taken to the Delaware Hospital and held for X-ray following treatment.

The name of the truck operator was not learned. Cars operated by Miller E. Cover-dale of Newark and William Wild of Colonial Heights collided at Lancaster Avenue and Bancroft Parkway resulting th 70 damage. No one was injured. Damage estimated at 175 resulted when cars operated by Justin W.

Winney of Shipside and James Ro-gat of 49 Bockford Road collided near Front and King Streets. An automobile driven by Thomas E. Kincaid, 2521 West Eighteenth Street, was damaged to the extent of $40 In a collision with a car operated by Jessie C. Rearick of 434 South Bancroft Parkway in the 1500 block Delaware Avenue. No one was tions of Westover Hills commonly designated as Barton Circle, Section A.

Section A Extension. Section Section C. Section Block and the Overbrook and Centre Roads area. "The restrictions that were imposed on Section of Westover Hills in the deed from the Develop Holiday packages of perishables, including Christmas turkeys, most of which were sent special delivery, were received in heavy volume at the Postoffice yesterday and last night, it was reported, by Postmaster James J. Cahill.

The peak of the general Christmas mailing, however, was passed Saturday for incoming parcels and Friday for cancellations. Assistant Postmaster Joseph O. Hed-licka reported at 10 p. m. last night.

Eleventh hour mailing of Christmas greeting cards was much heavier all day yesterday and the early part of the evening than had ment Company to Westover Hills were imposed in conformity with Restrictions on the type of dwelling to built to Westover Hills "cannot be released or abrogated" to permit the erection of a $5,000,000 apartment development, according to an answer filed yesterday in the Court Chancery. The answer was prepared by Thomas Herlihy, counsel for a committee of residents of Westover Hills who are fighting the construction adjacent to some of their properties of the 600 -unit project plan-Bed by the Kennett Park Development Company. The answer, which Hugh M. Morris and S. Samuel Archt signed also attorneys for individual property owners, was called for by the court after Clair J.

Kiiloran began a the general neighborhood scheme or plan of development of Westover Hills and are for the benefit of all of the. lot owners Including the respondents. The restrictions cannot be released or abrogated by the injured. action of the Development Company and Westover Hills, jointly or separately." WE HAVE THEM! CHRISTMAS TREE SETS tr BULBS GROSSMAN ELECTRIC SUPPLY CO. been anticipated, Mr, Hedlicka re-1 ported.

He said three stamp windows were busy all through the day. Collections from street mall boxes was heavy all day and up to 7 p. m. last nigh, indicating that The answer points out that by deed of April 24, 1926, William du-Pont, and his wife conveyed to fr Everything Ele4rie! mri ORANGE STS. N.

W. COR. 4th PHONE 2-189 deliveries, especially on cards, will i run heavy again today, the Assistant the Delaware Land Development Company, a corporation owned or controlled by Mr. duPont. all of the land which became known as Westover Hills, including Section D.

The development company then began to develop the "said tjact Open Tocsaay Night Til 9. on Wednesday we close at 530 as a residential neighborhood limit ed to single family dwelling houses. opening each separate section declaratory Judgment action on Dec. 12 in behalf of Kennett Park. Mr.

KUloran's action followed Kotiflcation by some of the residents that they would seek court relief because of deed restrictions involved, and the attorney sought to have the court declare that the re-structions could be altered to permit other than one-family dwellings to be put up. Answering. Mr. Herlihy and his associates stated yesterday that the Individual respondents (the present owners) were appointed by a "very substantial number of owners of land In Westover Hills, many of whom purchased their land after the restrictions upon Section of West-over Hills were imposed to represent them in the controversy with regard to the right of the Delaware Lend Development Company and Westover Hills, Inc. to release, alter, thereof for sales by lots when it was deemed by the developmenr company feasible or appropriate." The respondents then ask the court to enter a decree declaring that Westover Hills, Inc, and the Delaware Land Development Company "may not release, alter, modify I or terminate the restrictions now 1 To Our Many CUSTOMERS imposed on the land referred to as Section A disagreement among the respondents was noted when Caleb S.

Layton filed an answer in behalf of the Delaware Land Development Company asking the chancellor to enter a judgment in accord with Mr. Kiiloran 's petition. The respondent property owners forming the committee sre Charles G. Gammons. Emmett S.

Hickman, George T. Bamhill. Jr, Samuel Len-her and Louis G. Seebach. I And Many FRIENDS 8 We Extend Our Most Sincere Wishes for a Im MERCY ASKED FOR 40.M PARTS, Dec.

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WEDNESDAY STORE HOURS UILL BE 9.30 TO 5.30 3rd Floor Stem's Store Entrance Through Store 7th Market Sts. Phone 4-021 Open Friday to 9 P. M..