In November of 1920 an attempt to set aside a deed of ownership on certain Carleton Place Lake Ave property made by the late Mrs. Jane Nolan to her son. Thomas Frank Nolan, a few days before her death, was made in the Supreme Court of Ontario before Chief Justice Mr. William Meredith this morning. The case was the first on the list for the non-jury session.
The will of Mrs. Nolan, when read, shortly after her death on December 19, 1919 stated that the homestead was left to her daughter. Mrs. M. T. Comrie and Mrs. Lila E. Edwards and the remainder of the estate divided among her four sons.
Frank Nolan produced a deed to the homestead, dated December 3, 1919 in which his mother gave him the property and it is to set aside this deed that his two sons have taken action.
Undue Influence, misrepresentation and fraud are claimed to have been used by Frank Nolan in securing the deed. Dr. R. S. Preston, who attended Mrs. Nolan stated that she was perfectly conscious at the time. The case was proceeding when court adjourned. Mr. A. E Kripp, K.C. MP is acting for the sisters and Mr. W H. Stafford, Almonte, for Mr. Nolan.
I found the clippings below about the case, but never found out who won. Since he listed he was living on Lake Ave in one of the census’s later on, one can assume he kept the Lake Ave properties. Thomas Franklin Nolan went by the name of Franklin and his occupation was listed as a ‘washer’.
UPDATE- Thanks to Jennifer Fenwick Irwin at the Carleton Place and Beckwith Heritage Museum we have the following.
11 Lake Avenue West, built by Thomas Nolan.
Jennifer Fenwick Irwin– Today is known as 51 Lake Avenue West.
Name: Jane Nolan (Mother)
Marital Status: Married
Birth Year: abt 1840
Relation to Head-of-house: Wife
Religion: Church of England
French Canadian: No
Spouse’s Name: James S Nolan (carpenter)
Father’s Birth Place: Ireland
Mother’s Birth Place: Ireland
District Number: 84
District: Lanark South
Subdistrict: Carleton Place
Neighbors: View others on page
James S Nolan 50
Jane Nolan 51
Henry Nolan 27
John Nolan 25
Teresa Nolan 19 (sisters in court case)
Lila Nolan 17 (sisters in court case)
Franklin Nolan 13 (Thomas)
Fred Nolan 12
Herbert Nolan 10
Name: Thos Franklin Nolan
Birth Year: abt 1879
Birth Place: Carleton Place, Ontario
Marriage Date: 24 Nov 1904
Marriage Place: Carleton, Ontario, Canada
Father: Jos S Nolan
Mother: Jane Cunningham Nolan
Spouse: Estella Agnes Cluff