In a Jun 1922 ruling of the New Brunswick Supreme Court, Appeals Division, Catherine Austin, sister of Alexandrina Clark a widow who died intestate on 1 March 1920, and six others [including George Haggart, Christina Lyman, and R.B. Walker] successfully won the appeal where they argued that Revered McCaskill and his wife Frances D C McCaskill used undue coercion to pressure Alexandrina Clark to transfer six three-story leasehold properties on Adelaide to the McCaskills. These six leasehold properties were left to Alexandrina by her deceased husband Robert Clark. I have not been able to confirm all 6 addresses but based on census records, directories, and vital statistics we know four of the properties were 63, 65, 69 and 119 Adelaide (none of these exist today).
Prior to the appeal, the newspaper in 1921 carried a few articles about the court case. See these 2 Apr and 8 Jun 1921 articles.
Oct 1921 article:
Feb 1922:
Reporting on the Court of Appeal in April 1922 we learned:
Catherine Austin et al also argued that the freehold home on Alexandra St was purchased as an agent and trustee for Alexandrina Clarke by Reverend McCaskill.
Through this ruling, we learn the home on Alexandra St was purchased in December 1910 from the Fenton Land and Building Co. at a price of $4,400 or $4,500 and McCaskill paid between $400-$600 with the balance covered by a mortgage of $2,500 to the Robertson estate and a second mortgage for the difference, roughly $1,500, to the Fenton Co. The McCaskill family lived in the home as did Alexandrina Clark. It is alleged in the ruling that McCaskill used some monies to invest in another real estate development.
[excerpt from 1922 ruling below]
The ruling also mentions some of the furnishings in the house including a china tea-set, silverware, piano from Willis & Co. [which was later repossessed], mahogany sideboard with marble top, round mahogany table, six walnut chairs (2-3 were kept upstairs), a recovered walnut divan kept beside the radiator in the hall [I have since placed a walnut divan in that same area – great for putting on shoes before heading outside], walnut bedroom set, and a sewing machine. Chickens were also mentioned thus suggesting there may have been a coup at the house.
Reverend McCaskill sold the property in Dec 1919 to Florence Elizabeth Maude Elkin Munro, wife of Frederick Munro.
According to the suit, Lewis D. Brown bought the leasehold properties (at least one for certain) and we find him living at 119 Adelaide St [no longer in existence] in the 1921 census. While Brown said he was offered the option to buy the home on Alexandra St. for $7,000 he did not buy it. Just a little note about Lewis D. Brown – a northender business person.
Back to the ruling … the ruling also makes mention of the house being rented when McCaskill went overseas during WWI. We know from McCaskill’s WWI personnel records that his pay was sent to his wife was in Fort Kent, Maine proving his wife was not in New Brunswick. Directories record Alexandrina at 5 Alexandra from 1913-1914 and in 1915 Alexandrina is back living on Adelaide St. Alexandrina died in her leasehold property on 65 Adelaide St which in 1920.
Catherine Austin et al lost the initial case but won on appeal in 1922 with the judge discussing the “peculiar” relationship between the McCaskills and Alexandrina Clarke. I am not sure if the family was able to collect on the ruling, but I do think that it was very brave to challenge a minister at this time.
Another newspaper summation:
In a 14 Jul 1924 newspaper we see monies still outstanding and an effort to collect.
In the 1921 census of Alexandra St. no residents were listed at 5 Alexandra although residents were living in 1,3, 7, and 25 Alexandra St. demonstrating this house alone, of the original five, was unoccupied. We find the next owner, Frederick Munro, living in Alexandra ca. 1922. This suggests that during the lawsuit the house was not occupied by the Munros.