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Mar. 2 3. | came before the issue was decided. Ap-- Now it that ; parently this woman consulted ON€ || peiprs, mm" Nd?m: mm ",': James A. Noel, from whom she had in Galifornia c to be a relative A been taking advice in real estate and | but she had diedl .'"%e estate totalled other business matters. The said Nancy | $500,000, said Colonel Price, and TO BE OV E R R ULED uied o i niingont more cla.in%ed. ¢Xx&-- |knowing Mr. Millar's views, the Gov-- cuted a contingent agreement provid-- |ernment thought there j ing for a dBvigion of any benelit legoat . ___°_* might be an accruing from the estate of Charles | It is stated in Clause 2 of the bill Millar with Noel and certain partiecs, that the estate bequeathed to the + "all said to have been strangers to mother who in the ten years follow-- | Charles Millar." ing his death has given birth to the Action at Osgoode Hall. greavtfitl: number of children as shown # : Through an action entered at Os-- ggcheatcds.tamltgagg;mumeh e?tagg University of Toronto to _ goode Hall, Noel is now said to be which may already have been dis-- : t : seeking specific performance of th@ triputed under the terms of the will Benefit as Charies Millar alleged agreement entered into be-- | remains undisturbed. | tween himself and Nancy Vance | lntended Millar. Noel was in Toronto last week, and appeared for special examination o se preparatory to bringing the action MONEYS KEPT |N CANADA to trial. It is claimed that if the legislation introduced by the Attorney-- S nrere in iraiinires aacacrcie General yesterday respecting the es-- s . s tate of Charles Millar is passed, and Claim of United States goes on the statute books, this action s will fail. Clause 9 of the will of Charles ReSIdent Halted by Millar is claimed by the Attorney-- ; Special Act General to be against public policy. : Under this clause the residue of the 9y estate might go to some woman who To get rid of clouds of uncertainty might o:tflten'ardt leave lgal?adal"lt ang is e ¢ a Nlata | some er country wou enefit, over the §tram,c will of .th\ l.ml was stated last night. Charles Millar, Toronto barrister, and | This clause says: "All the rest thus keep a half--million--dollar estate | and residue of my property, whereso-- within Canada, Hon. William H.| ever situate, I give, devise and be-- Price, K.C., Attorney--Gensral of On-- queath unto my executors and trus-- tario, yesterday took acticn in thei tees, to convert into money as they Ontario Legislature, on the ground deem advisable, and invest all the of public policy, to escheat the resi-- money until the expiration of nine $ due of the estate to his Majesty the years from my death, and then call King, in the right of the Province of in &nd convert it all into money and Ontario, for the benefit of the Uni-- at the expiration of ten years from versity of Toronts. my death to give it and its accumu-- The preamble of the bill intrsduced lations to the mother who has since by Mr. Price sets forth that: "Where-- my death given birth in Toronto to as it is expressed in the said will that the greatest number of children as 'this will is necessarily uncommon and shown by the registration under the capricious because I have no depen-- Vital Statistics Act. If one or more dents or nsar relatives, and no> duty mothers have equal highest number of rests upon me to lsave any property registrations under the said act, to | a arvily is Inaire 4 divide the said moneys and accumu-- [ at my death, and what I do leave is lati lly between them." I proof of my folly in gathering and avions equany n mem.: | retaining more than I required in my Half--Million Estate. | lifetims'; The original value of the whole | "And whereas, in view of the above estate was about $400,000, but the | statement in the said will, and the residue is now said to be valued alone | disposition made of the rest and resi-- at $500,000, owing to the improved | due of the-- said property by Clause 9 business condition of the O'Keefe | of the said will as above, it is deem-- Breweries. y , § l ed advisable on the ground of public ILawyers last night looked in vain | policy to escheat the said rest and for a parallel case. : The only analogy residue of the said property to his that might be drawn, but not very | Majesty the King, in the right of the similar, was in comnection with the | Province of Ontario, to be adminis-- pzesent. Woo(llwoyrth Bgildintgs pr?gy | tered in the manner and for the pur-- ;'4 Queege?w reert p gnnKi j | poses as herein set out." ercer neformi property In€ _ It was explained officially to The Street West, part of the estate of An-- | Globe last evening that it is not the drew Mercer. : intention of the Attorney--Gencral to In arranging to have the legislation | create a precedent, because "there provide for the residue of the Charles never was such a will executed before Millar estate go to the University of * ;llke that of the late Charlss Millar." Toronto, it is claimed, the Attorney-- | The will was made June 7, 1921, ' General is really carrying cout the lnaming the Toronto General Trusts definite wishes of the testator as ex-- | Corporation, the National Trust Com-- pressed in <@a previous will. This is |bany and George Roy Sproat, solicitor, why, The Globs was informed, no | executors and trustees under the will. provision is made in the will for a | Specific bequests were made to Mr. part to Queen's University at Kings-- | Justice W. E. KRaney, A. M. Orpen, ton or Western University at London.. | Rev. Dr. S. D. Chown and Protestant This action by the Attorney--General i ministers of the gospel, and others, of recognizes all classes of people with-- . stock in the O'Keefe Brewery or the cut regard to race or creed. Ontario Jockey Club. Friends of Mr. "Charles Millar loved his alma Millar stated last night that the will mater," a friend of the barrister was drawn when he felt that his in-- StaBt;du'}i:St mghtxortloinrtt'rl::dl?clecges;ester \_/gst;m ms e Lo enc eCs day, the present trustees under the of the opposition of the Churches to : will of Charles Millar will continue to _ race--tracks and the liquor traffic." administer and manage all the estate The Globe was also informed last for a period of five years. There is, night that on the Sunday aftsornoon however, provision in the act for the of his death in his office he had met termination of the administration of an intimate acquaintance and had | the estate at any time. told him he had made what might be | _ _On the termination of the adminis-- | described as a "crazy quilt" will, and tration by the trustees, all the prop-- was going to change it. His death, it erty remaining in their hands is to be ' was claimed, intervened. By a forrAa-- transferred to the Governors of the > 'er wili he had willed his estate to University of Toronto. the University of Toronto, of whicn During the five--year term of the| he was a graduate and a gold meda!l-- trustees, the income is to be paid to| f list. It was admitted he had con-- the Governors of the University of sulted the Chief Justice of Ontario, Toronto for the purpose of providing s Sir William Mulock, Chancellor of prizes, scholarships and fellowships, or the university, and Sir Robert Fal-- assisting any student in any course of coner regarding its terms. study at the university. After the five | Mr. Millar's mother, to whom he was years the proceeds are to be usedlforl devoted, had died, and in a letter to a the same purpose, but the principa friend he stated that "he now had no 'shall be kept intact. lat $ known relatives. If he had any rela-- The will was a very pecu ta.teonti; tives," he said, "they were strangers to leaving disposition of the es 'him." unknown persons, said Mr. Price, in ' _ In time there came to the trustees' introducing the bill. It was the opinion notice that one Nancy Vance Millar among lawyers that the will was NOL | * valid. In a previous will Mr. Millar L -- aged 78 years,living in California, was a had left his m to the University ' half--aunt and would make claim . to c on [ : share in the estate. Her death also Sisist muvonis who would meed heip. _ C * en . :A assist students who would need help. f