Globe-Gazette from Mason City, Iowa • 3

MASON CITY GLOBE-GAZETTE WEDNESDAY, JANUARY 17, 1945 Mother Hopes Guerrilla Son Isn't Gunman who contests the will in good faith and for probable cause." In so holding the court adopted the position taken by Judge William D. Evans in a dissenting opinion filed in the 1909 case. Judge Miller explained that while there are decisions both ways as to the forfeiture clause, the present trend appeared to favor the position he took in the majority opinion. SUPREME COURT REVERSES RULE Beneficiary Won't Suffer Who Contests Will Des Moines, (JP) A ruling which has stood in the Iowa supreme court for 35 years was discarded by a 5 to 3 vote of the court in a decision it handed down recently in an estate case. Navy Air Ace Wants to Continue Flying New York, (U.R) Lt.

Cecil El-wood Harris, 28, of Cresbard, S. the 2nd highest scoring pilot with 24 Japanese planes to his credit, wants to continue to fly for the navy after the war. He said in an interview at the navy air training services exhibit Tuesday that "I've been lucky. Neither I nor my plane have ever been hit." On Oct. 25," 1944, Harris scored Villagers Greet Yanks on Luzon By ALVA DOPKING Mangaldan, Luzon, (JP) The mayor of this little town leaned back in his swivel chair at the municipal building and relaxed.

The war was up ahead at least he hoped it was. The leader of the town of 3,000 had a lot to say about the difference in "my people's" attitude toward Americans and toward Japa Texas Pilot Rescued rrom Cold North oea A Fighter Base in England, (JP) Weatherbeaten old salts who patrol the North sea say a man can't live more than 20 minutes in those icy waters but Lt. Huie Lamb of Abilene, lived after 45 minutes of. it. The Mustang pilot was rescued by a British air-sea rescue craft and flight surgecns pulled him through with blood plasma, hot water bottles and blankets.

"Lamb will never know what a lucky boy he was," said Maj. Robert E. Neurbbergcn of Wakefield, flight surgeon. "When we got him there was hardly any pulse and his temperature was only 93." Davenport, (JP) "Oh, dear, I hope he hasn't become a gunman." That was the first comment of Mrs. C.

E. Lapham Tuesday as she read an Associated Press account of the exploits of her only son, Capt. Robert Lapham, who has spent nearly 3 years killing Japanese as the leader of 2.000 Fili Cocklin hadn't participated in the contest so as to forfeit their share of the estate. As to Fannie Wat-kins and Guy Cocklin, the majority opinion held that they acted in good faith and for probable cause and that therefore to forfeit their legacies would be contrary to public policy. "We see no occasion to interfere with the rule established (in 1909) that a testator (one who makes a will) may legally impose upon a legacy or devise a condition against attack upon the will, that such a condition is valid irrespective of whether the gift be (real estate or personal property) and irrespective of the presence or absence of a gift over (the gift to go to someone rise if there is a contest.) Judge Miller5s majority opinion on the forfeiture matter said.

"However, we do modify and to that extent overrule that part (of the 1909 case) which held such condition valid without regard to the cause or ground of the contest. We now hold that such condition will not be enforced against one district judge prevoiusly he had heard another case involving the same estate. The estate was that of the late L. A. Cocklin, former Griswold, Iowa, oil burner manufacturer.

His estate had a value of approximately $336,000. C. T. Cocklin is the executor, and beneficiaries include Fannie Watkins, Guy Cocklin, Winifred Cocklin and Evelyn Schuler. All are brothers and sisters of the manufacturer.

The recent ruling came in the 3rd appearance of the Cocklin estate before the court In 1909 tJie court ruled that, where a will sets out that any beneficiary who contests the will shall be denied his share of the estate, such condition shall be valid without regard to the cause or ground of contest. At that time the court also held that a person may legally impose such a condition in his will. In this ruling the present court found no fault. All of the justices participating in the current ruling held that Evelyn Schuler and Winifred The majority held that a beneficiary who contests a will in good faith and for probable cause shall not be denied the share of the Bond Winner Launches S. S.

Cedar Rapids Wilmington, (U.R) The 2nd victory ship to bear the name of an Iowa city, the S. S. Cedar Rapids Victory, was launched from the California -shipbuilding corporation's yards Tuesday. The vessel received a champagne christening from Mrs. Lena Eveland, Cedar Rapids winner of a war bond contest.

estate originally assigned to him, a damaging nit on a Japanese battleship with a 100 ton bomb which he dropped from a sling attached to his plane. He brought down his 2 dozen enemy victims in 82 combat days and bagged 4 planes on each of 3 different days, 3 on another day. Harris, who is enroute home on leave, revealed his engagement to Miss Eva Marie Gaberial, of Onaka, S. Dak. even if the will contains a clause disqualifying a beneficiary who attacks it.

The opinion was written by Justice Frederic Miller, and dissenting were Chief Jr.stice Oscar Hale, Justice William L. Bliss and Justice Charles F. Wennerstrum. Justice II. J.

Mantz did not par Salary Plus CIgarets South Bend, (U.R) The desperate manpower shortage was stressed here when Emeral M. Callander, a restaurant operator, hung out the sign: "Salary, meals and a daily package of cigarets." pino guerrillas on Luzon. "Bob was always a shy and reserved boy," her husband interjected, "but he seems to have gotten over that. I suppose he did just what any other average American boy would have done under the same circumstances. He's done -the things I dreamed about when I was a kid." It was a dramatic moment as Lapham, branch manager for an adding machine firm, and his wife, a volunteer Red Cross worker, came to the Associated Press bureau and read the long account of their son's activities something they have been wondering about ever since Gen.

Douglas MacArthur sent 27 year old Bob through enemy lines in February, 1942, and told him to organize guerrilla bands. The only other word they have had of him until Tuesday was a Buy your War Bonds and Stamps from your Globe-Gazette carrier boy. ticipate in this case because as a Jap Admiral Requests Closing of Schools By The Associated Press ROSE STANDARD SERVICE Stop in for Dependable WINTERTIME SERVICE WHEEL BALANCING WE HAVE GOOD STOCK OF FROST SHIELDS, SEAT COVERS, MUFFLERS, GAS LOCK CAPS nese. "When the Japanese came here in 1941 our people ran away from their homes," he said. "When you came they lined the streets to cheer." The mayor was surrounded by a half dozen prominent fellow townsmen, all eager to give bits of Information that might be helpful.

How did the Japanese treat his people? The mayor responded to that one quickly. They had slapped Filipino faces for nothing, invaded the privacy of their homes, and practically stolen their crops by paying whatever they liked with Japanese invasion money. The mayor took out a big wad of invasion money and passed it around to his listeners. "Souvenirs," he grinned. Doughboys standing around thanked him and tucked the worthless notes in their billfolds.

The mayor was anxious to please but he knew little of what had happened outside his own municipality. He did complain bitterly about the Japanese turning their artillery horses out to graze on young rice his people had planted. Vice Adm. Munetaka Sakamaki of AT the Japanese armaments ministry demanded the closing of all Japa 321 BEAUMONT DRIVE nese high schools and universities and "the employment of teachers and pupils in war industry," in an interview published in the Tokyo Shimbun and quoted by the Ger man Transocean news agency. letter received last Oct.

6. It bore no date or place of origin. They speculated that it was one he was quoted in the account from Luzon as saying he sent via submarine. That letter said he was "alive and well and having a good time. 1 have never surrendered to the damned Japs and never will" Capt.

Lapham sent a letter to his parents along the same wires that carried the story of his heroism and they promptly asked the Associated Press to send him a reply the same way. Their letter said the family was well, expressed their joy at hearing from him and the hope he might soon be home "even for a short stay." The story from Luzon related how Lapham, then a 2nd lieutenant, started out on a campaign of hit-and-run warfare against the Japs with only 20 men and 6 Cow Helps U. S. Cook, (U.R) Expensive fodder was the $100 war bond Andrew Roines' cow ate. First chairman to go over the top in his area, Roine was on his way to deliver the bond to a neighbor when he stopped to feed a calf in in his barn.

As he stooped, a cow behind him filched the bond from his pocket and ate it. Roine recovered a small portion of it, enough, he hopes, so that Washington will replace it. ncKJ UDOuD uu yuuu A minimum of 15,000,000 gallons of water will be used during the next 5 years in manufacture of glucose by the Northwest Chemurgy company of Wenatchee, Wash. They gathered recruits, guns Mom and Pop and the and ammunition as they expanded their guerrilla activities. There was no one to promote him so La PRESCRIPTIONS Rapidly Filled pham made himself a major and gave other rankings to 'Filipinos.

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S. 7 th Army, France, ll.R) Gen. Hans Lingner, commander of the 17th SS panzer grenadier division, was captured in the Rimling sector Jan. 10, it was announced officially Tuesday. Lingner was believed to be the 1st SS divisional commander captured on the western front.

He was captured by Tech. Sgt. Our registered pharmacist will fill your prescriptions quickly and accurately. You can be sure of first quality drug supplies, well-informed and courteous service in our store. THE PRESCRIPTION Early Bunnick of Indianapolis, S.

Sgt. Reber Brindel of Marsh- alltown, Sgt. Colegre Marime ot New York, and Pfc. Harry Lee Datfin, Baltimore. He, his chauffeur and his aids were captured when they took the wrong road during a trip in the Rimling area.

Pop S3yS! "Pigs is pigs just like grease is grease but there's a whole lot of difference in pigs!" Yes, and there's also a whale of a difference in greases both as to type and quality. Your Standard Oil Dealer uses as many as 10 types of lubricants to lubricate your car thoroughly, but he uses only one quality the best. B. Prap. W.

B. MeGran Mir. SHOP 9 EAST STATE STREET The 1st completely roller bearing equipped steam locomotive was built in 1929 and has more than 850,000 miles to its credit. Nearly all of the original antifriction bearing are still carrying the engine. DO YOU NEED Look OUt for Old Thirsty PIUS Your gasoline is too precious for you to lose 1 gallon in every 10.

But that's the amount dirty or worn spark plugs can waste. Better have your Standard Oil Dealer make sure yours are in good working order. yr 4 E30WEY? Careful what you say about Mother, George shes mst had her hatterv rharrfprf I Make an early appointment with your Standard Oil Dealer weekdays, if you Many oils even some 10 oils congeal when cold, and take a firm grip on engine parts, which can then move only with difficulty. This increases starting troubles is tough on the battery. Easiest -on-the-battery motor oil bar none is Standard's Iso-Vis 10 W.

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Crankcases give no warnings of sticky sludge that may clog oil lines and lead to burned-out bearings, etc. Better change oil every 60 days, or at 1000 miles whichever comes first. in for Bettor Car Care Fight Infantile Paralysis January 14-31 Buy more War Bonds Mfmber Federal Deposit Imraranr TRUST CO. Federal System STANDARD SERVICE UFMAM OWNED AND OPERATED BY YOUR FRIENDS AND NEIGHBORS MASON CITY'S ONLY HOME OWNED BANK LOU 1204 NORTH FEDERAL EXPERT SIMONIZING WORK GUARANTEED SEAT COVERS AND FULL LINE OF ACCESSORIES.