The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 26 Jan 1871, p. 2

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Anpiess' s ; y and he gave it without a fee--(Laughter.) | _ _ 3 NOSTH CBEY RAILWAY COMEAXY. ff fag 3" 8. MACDONALD--tTou does [ A| U | knew what be vtfi'."d?i.;;f"'fi'.,':',';'.'..f".tfi «3 é . 31 Mr. SCOTT (Grey) moved the thir1 rea1. '--] often do that. (Renowed laughter.) curity if the present Bill was carried, and he | 5\ § E» ; fi of the Bill to incorporate the North Grey Hon. Mr. RICHARDS said his opinion deprecated the 'y't':in of lobb':';.g w!;mh had | ~--_. MAAA ; 1e ilway Company. was that the interests of the children wera -- been carried on, and the exercise of undue xi +) Carried, not vested but contingent interests ; g':'""" upon members of that legislative 180 ; s o Vig . za * and that the grandchildren had as 3 7+ L ' h STREET.;{\'I LLE A\P f')Ol.I" CREDIT much right to 'be constdered as the | v Mr. LAUDER--Has the hon, member UR 1. . h AILWAY COMPANY, ' children tl;lemuelres, anltll h;d as muchk in-- | then been unduly influenced ? ( f it 2 "The. House" Went* into" Committce--. M . terest in the ostate as the children. If the | _. > $ h 5 Gow in the chair--on Mr. Coyne's Bilg to i:;. I Pn o es AnnddCEIrER in Lovedt of the Ee 2. 11)1.-1;)10. fust Ihlh' ee wey l!)'?en k corporate the StrectsVvi C n se T rights of the grandchildren in favour of the influenced either by trusteeships or anything j .Y°"-' the Streetsville and Port Credit | l%!d d thus destroy the testator' e'se. (Hear ) The undue influence to which & s !f,'?' "X ('om?any. * ]l : 'wi;l. "'E{, :n" ofu:ph(;o: {h.g eth: s Hao:rsg he referred was the circulation of pamphiets | J The Committée rose and reported the Bill skhopld not interfere in the matter. The tes-- a and other means whereby an attempt had 'i with an amendment. | l } tator before his death i;ln. ll(:i g:x('lfect mental geen x;nde to ll""luel?cle :lhe de{:"m& of l,'l',"m W # The Bill, on the motion of Mr. C I condition to make a will, an frequently ers of a purely legisiative chamber. : c6y | . h | morred s td mssnd pane o09n| 0 o Potintnnteeadindiriee| _ 0| Poepolretmie cogks io on | - OaKVILLE, MILTON AND G@ELPH when it was supggested by the trustces that + | opposed to lsgislation of this kind on gen-- ' RAILWAY COMPANY, , he should do so, [ eral gxéoundlsl, aud to this Bill f{n particular _ 19 The House swent into .Comwill *A Mr. CUMBERLAND seconded the motion | * | grounds. Hecontended that Mr. Goodhue A0 © Lauder in the chair--on Mr. Barbor't:'li_i!}l:r(; in fwifilment of a public duty. He woald ' g" He(lil tl'w"tr: 't)f w}fmt; hl: ':&sttd'mg A [ incorporate the Oakville, Milton and CGuelph | not speak of the qaestion from a legal point, G: n';?' 'le to 1teh: ;:tl?:do u: i o':il m E: rfs;: 1 4 : Railway Company, | but jrom the view of common sonee He on such question® wheropth:y were refir'rp&i . ud t th:lfifl ii?véi)ht::l:t:fic:ptl&n to a :all.";o :f ' zlf":;gz;tdti??dg:ll &"fi;;:;":f :ist::or;':r; to the opinion of two judges before they were s 0 9 a . o the capital of the | di to hi in It h carried into law. f company. . He said that the capital -- | that: the & was 4 jas cles: + thortc d to be $350,000, while th::l:; u:'; { tlfn.t hthe House was Invited to dispose Mr. RYKERT did not think that the e' ; J & it passed, would allow operations to be com: :)o :h:t ?::ep:l;tyj ll? :hedlg:-mt m":l"'}:r M 6oe leoy Bil.l becomil'ag isw world Ds %® I & menced on $10,000 He thought that this sum n tentiode of the wijil as fork or. e irduce leighlat.on of this character, After | B ( bore no just proportion to the capital of o mion onth io is th 9"5 accumsi-- h'earmg the remarks of the hon. Commis-- | <l ' $350,000. g';l':gc';! s _ee E:'g:;cfl:sy; O!l:ed!i)esttshof the | sloner of Crown Lands on the legal aspect: | f | The clause was passed. visions of the Bill. The Billpu':ied tl{e [?epr?;: ?ti 't'Ee ctqse, tl;: o n ecnnde wonope en fhat ' ' Mr. BOYD said that at another stage he lature to divert the property of a man out of j ' l o en ooo k vr;;uestlon was considered on } . NB would take the sense of the House on the the intended channels. ?f the intertion was t > h u&xmolf o ho grounds, The hou. ge pblem:i:; P -- clause, 1 carry out the will,it was not necessary to com-- ) '1];}1 asked hon, members to vote against the I Ja [ -- The committee rose and reported the Bill :u thc;h House at all; but if it was not to do so. | e A 1 1 _ witkout amendment. -- The Bill was ordored | xfu;n e proper place to go to was the courts | _ Hon,. Mr. RICHARDS--I assort that 1 | to be read a third time to--morrow. | of law, He thought that after a life of in: | bave never asked a gentleman to vote against | 4 B5 dustry ard virtue, a man had a right to dis-- ' tke Bill. | 3 THE GOODHUE ESTATE, pose of his property according to his desira ; | ryr r 4 HoeG. Mr. UABLING moved the Houss but if this Bill was passed it would be be:ter | _ Mr. RYKERT--You have told sevarl 41 . into committee on the Bill to contirm the for a man to make his will and bring it be-- | members that it is an outrageous Bill, and 20' Deed for the Distribution and flettlemenb' of {ore the Legislature during his lifetime and have argued mth. them in order to induce 10 | ¢5 the estate of the Honourable George Jarvis have it decided whether the way in which | o oo nne o 11; Goodhue, deceased. * ';:"""'i':l P.'gj';:'!:;z;in .go 1'0:1:3 'tl;,;a_ propeity | Mr. RICHARDS--Name, 15 | Hon, Mr. RICHARDS moved in ameond. | and in a way w'hichw:voul(lo':mt:cbep;,"'y»l:»i | Mr. RYKERT said he would not name, ' " N m\e",t that the Speaker do not now leave the | ed by future Legislatures He had t hha Tge mirdenis fiyle of the Hoe, uie 1 [ 4 chair, but that the Bill be referred to com-- | good fortune to be acquainted with :0 to siorer snggested the idea that he was | ' mitiee of the whole, to be reported on this | ' tator, but he was knlov:n et wl')le heteq'é retained. '(Order.) He supported the Bil! | 18 | . day three months, * He sMd that thero was c oone sepee 'and oof howek aond tha.zmlo\ chicfiy because of the nnoorhfitydtbo will, | 18 )%i a large amount involved in the Bill, but | his will he I;rovidv'l &A fort):me forrlll( f h'ln ind Sevaues be wan nol flolnbing ame veetsd | ' . there was also the princip'e involved dren, and with a liberality that appealed t rights, but was legislating in the dires-- | w 1 whetber the House should alter the will of a | all he gave his widow an aynn "t '%p.?:fi 800t0 | tion of doing j"':fi" to all parties and | ©l !;, k'-wx:r. The de .a-n.uC',.I':'. Goodhae, dis@ on year, and provided that thethl?dne ;)f hi: | in accordance with the views of the tos ": «, ' the 1!th of January, 1870, possessed of avout estate should be her security. His childrea [istor, _ It had been alleged that the bestator ; ; $600,000; he made his will on the Sth of Ds being thus provided for when his widow P usa whog of the effect of the Bill, but it cember previous. The deceased made six died, the residue was to be divided between ue t purtiiciany i uy uols ol rig on pr '| mmmm-, in which he disposed of part of those of his issue who were then alive. The | vould hok agtes hy to the efecs of It6, and it 14 i ie property, and a will, in waich he dispo :s' course taken was a just and prudent one yuat abaund Io any that Mn Hioodnue knew + k o' the rest of it. The settloments and will and the will was a sound one, thgu h he con. ' beiter whint was the effect of the wonding of [ \| were made contemporancously. In the wiil tended that the House: hadz nothi 5 ie wili than theso legal gentloron, %{" 1 $30,000 was left to the five daughters of the to do with the _ question o? :'t: L n sls could not have Ahought #hat his . N deceased, and $22,000 to his sou. Tho soundness. --_. 'The. case iof "he -- Thel 8 widow would survive his children ; and a: | | | B \ daughters were all married, and had child-- son will in England was in their :ie... to injuring the grandchildren, the efect of . C t l ren; but he (Hon. Mr. Richards) could not a most unnaturalone, but the English H Mee the sill was rather to injure the children. He | 1 | ;gy_ if the son, who was married, had any. of Parlian ent refused to alter ig tlth:: 'l: thought if the Legislature could set this | . [ | This money was left with two truste s immediately afterwards it passed a law r M matter at rest, they would be doing a good | 180 | 'Fd, invested at seven per cont. woald d(l'h'g it imponible to make such a ille?n work,. ~Mr,. Beecher was eq!ully interested ;f | give the daughters some $2,100 per year the future He protested against th 54 on the one side, as the hoirs were on the ! f | each, aad the son $1,540. _ In case of of the Bill. 'They had no:fghnoo;ep:f'r' f e otker. _ He had at one time expressed his s ' * ary of the children dying, the $39,000 as rights of the grand--children, The Bill C willingnessa' not to oppose the Bill, and when f 141 to go to the other issue of the testator, or an utter usurpation of the c n"b9 > he wrote the letter containing this expres. JlAY their issue. _ The deceased also lett $5,000 testator. powergivea to a stom, was be aware of the legal u'pxcts'b}t the M avnuity to his widow, and $400 to his ais-- § will? If hon gentlemen were sitisfied tuat 0d ter--in--law. _ He (Hon. Mr Richards) woul1 Mr. BOYD felt some hesitation in offering they were not injuring any one, they were (TX call the attention of the House to these sat-- an opinion on the Bill, not being a member bound to give elfect to this Bil. In Si 8 tlements, and he might also add that the of the bar, but he felt it his duty to give his Heary Smitbh's esse, which was s."p;-«'r' d 19| I money was invested. ;'".:;'t;orl;;l)]u:g tl;)gllnat the Bill, He be-- by tke hop, Commissioner for -Cr,'»'-v;z Ln'*h" I E ;5 Hon. Mr. CARLINCG--Th ieved the Bill to be tounded upon a most by kis vote, not on C use L S9Y She grandchikiren. e will was made pernicious principle The Bill led into a | but the Honse prs:onyn;?\:hnew m..! mate, | ] ,i € f Hon. Mro RICH hn ue position of danger. Considering the legisla-- | intentionse when th «l werea man's p at{ & lub":x.xtAigI pr:a'(i..lf.\ Rnxd said that there wa« tion that had already boen taken ' pressed. en 'they had never bees oxs AbB | hwapltal provision made for the children. before in this H . i1 1 | The t::h.or was unwilliog to give the chil-- duty bound t;ol rocor((lm'l:{c \lrl:te ,:lzinisr; 1M x. 1VOTE (Oitawa), thought the Bill was 5it | oren the corp«« of the estate, but bad made the Bill becoming law It lgemed tolerably piain, and did not need an a | ) : I #i0 i i» 1j i & s ' ;;npe provision for them during their lives i that an impression was abroad that the fessional knowledge to understand & Ii'f: : 5o m?. ( I,f,fj;'tefid"b';';'""-' dn% Th d'n&dfeeling IG --!. wel ifi""" afforded a moase of supgiying defe(;ts ?v?c)l?:oi: claf tltllw wgll first providea' for th: : '. e , bus sinply wis that ali n dead men's wills, to introdu la , ana then that the property shoul lond 4 questiors of this kind should in future bs into them which would o clvg affecy y go to his children who recsuns oo A t C brought before the regularly constituzed tri divertin l-om y hon tm mmiy io. his grandchild 1 o i $ l: | y e & ort t * ren. He did in k ¢, CA ' ! bune!s of the land. _ As regarded the wlil tended. f B'L tE;;ghtfmt i:h;af :§p°5°: inf | _ the Legislature would be s'hoall:';: t:';u'\ that f f ??fH $ 'tul'f' tl;t only mentioned the children ouse, the House to erect a barrier in thl: m"!t{e(-)' | serse of law by passing the Bill gands Tv)xlal [ 2?1 itt s;hwu in the concludiag part -':l'hey had not the legal knowledge and traiv;'- " "',"] Dr°p_erty to the chfidren, an ling .gg u::: 18| | the procety' ~hh feaihter gusll . birss ing necessary to qualify them for dealing | ul O was adequately provided for. ° If they €} | widove .fi;' fia ll;:nll:el;h: :1"? tOf his t'il th .I';ilh comrliclted questions as arose on ;'m:i':s(':t :(l;e Bill, it did not follow tha: 1t\ D n trast, to mak es Is, t s would not 1 § Idl&tnre $A fA | f::(;len?g lots; arising out of the mvesu.m'i in tlre causle. :ns gl::l:ls:xlls::xtn;ntl'x':ng;fxfi ' on thete questions i:p&z ::t':'?- agaisier« | | Th r the children and grandchildren was asked to prevent further litigation, the Mr. BEATUY esid tha ) ||| | There had been several legal i o o maX baon & he thought a will, but be contended egal opinious on the _might step in ; but when nothing had been that the hon. member for P hok 18| pALthat coul?io; r::oun::'::;fl:;o 0':|yn'mbu- '::l'lwin thll&lrection, it was unwarrauted to | S)fh Boyd) was in the habit of l'c')?l:iof'gv & %! f atter was u s mea o W o L'.;:e(;f fl;;et:;xl::l;s; ::n:fltum: f';: such par-- ';Ied g:'(; difl'?culgz?l:fl::l d.e.o '1(:100 w'l,:l'chfl::; sidered srhr:: :fio thfio(}:::k :vlf: f no:hc i;nd | | l aurk t at any of the Superio® these legal opinio upon solely to j e w Courts could decide tho matter in ten mi $ the thesy ot samriny thu Bill aoue i c fl ky Of, hgee matte 4 610 A n would be th updn 1 ra i El0 i vana uen no fien the solies posia l t (lhet ot corprine sls plll use n ce oo Paein a ertenig [ i in this matter; if so would be, that o They must consi estator, 16L j ll :wro was no necessity for coming to the matter !;ow f cacr':f'\txll.l. 6e axad b]ill o d'lm efi'eoi to 1h: m::il:il:r tWhe'h" bho bill gave \/al j dou.el:'l ith this Bill, for the parties interest-- drawn, would be unnfyo .Illle ha:l ":t tz peored to him that ft the testator. It ap. E. _.\* 3 :hef:)m Av co'no'[?o an understanding amongat be convinced that the late Mr Goodh:e had the testator to 'vew:;' k inheation of I j om'ni;:c' on thial:fxrlfje?: 1b.bte°5'-' seveoral legal committed a mistake. The care taken by § children themselyos, It v:'.u":l?::stl:ot tt:a | lC J , ut his opinton was, the testator of his widow, and of the widow testator had no clear idea of the ex::mt at | ~"'7?' 8

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