"STORK DERBY" WILL

Evening Post, Volume CXXIII, Issue 47, 25 February 1937, Page 9

"STORK DERBY" WILL

CLAUSE HELD VALID

ILLEGITIMATE CHILDREN DO

NOT COUNT

TORONTO, February 23.

The "stork derby" clause of Charles j Vance Millar's will, bequeathing a 500,000 dollars fortune to the Toronto mother' bearing the most children in j a ten-year period ended October 31, \ 1936, adjudged valid by Justice W. E. i Middleton -in the Toronto Supreme] Court, is upheld by the Ontario Court j of Appeal, which has held, as did the '■ Supreme Court, that illegitimate child* ren do not count. .

A Toronto' message on November 1 stated that the ten-year baby-bearing marathon competition for 500,000 dol-1 lars.- offered by Mr. Charles Vance Millear in a will- which he himself admitted was "uncommon and capricious," 1 had resulted in an apparent tie, six mothers each claiming nine births. Two expectant competitors dropped out when prayers and a strenuous regiment of exercises failed to' hasten the 'stork's visit. The fantastic contest had byi no means concluded, however, since a 1 legal battle was in prospect, Millear's next-of-kin challenging the will as contrary to the public good. The fourteen mothers who filed claims hoped that the validity of the will would be upheld and the winner or winners named. One of the six women in the tie claimed to have had twelve childrenborn, though nine only had been registered. Four others claimed ten, but/ on being challenged, waived the tenth-? child. A macabre touch was the burial! of one of the babies at the very hour; that the so-called "Stork Derby" closed.; Mr. Justice Middleton ruled that the "Stork Derby" clause in the will of Millear was valid, but that the prize was intended for the mothers of legitimate children only. The judgment: ruled out the claims of Millear's rela-, tives that the "Derby" was against public policy or that it would encour-' age immorality.