Myers THOMPSON

17 May 1918

Private Myers Thompson, Barnoldswick

Private Myers Thompson, Duke of Wellington’s Regiment, was killed in action on April 28th three weeks after returning to France. Formerly occupier of Carr House Farm, Barnoldswick, he went abroad in March last year, and returned home in December to undertake ploughing work under the War Agricultural Committee’s scheme. He followed this occupation until disabled in February by an accident to his knee, which necessitated a stay of several weeks in hospital at Halifax, and had barely recovered when, owing to the German onslaught, he was again drafted to the firing line. A native of Foulridge, Private Thompson was 29 years of age and leaves a wife but no family. One of his brothers is in Salonika (wounded), and another a prisoner in Germany.

17 December 1920

A WIDOW’S CLAIM

At the Colne County Court, before His Honour Judge Turner, on Tuesday Mrs. Jane Thompson, the widow of Myers Thompson, farmer, late of Carr’s House Farm, Barnoldswick, now of 37, Allandale Street, Colne, weaver, sued the Exors. of her late husband for £109, a legacy bequeathed to her by her late husband. The defendants admitted the claim, but set up a counter-claim of £96 as damages for the plaintiff having sold five stirks which they alleged belonged to the estate. Mr. Fred W. Steele was the solicitor for the plaintiff, and Mr. Perks, of Leeds, barrister-at-law, instructed by Mr. A. Shaw, of Colne, represented the defendant.

On the advice of the Judge, Mr. Steele withdrew the claim on a legal point. Mr. Perks undertaking to pay the legacy. The counter-claim was then proceeded with.

Mr. Steele said the deceased married the plaintiff in 1915, enlisted in the Army in November, 1916, and sold off his farm stock. He made his will in January, 1917, leaving his wife a legacy of £100 and the rent of four cottages, bringing in £32 a year, and subject thereto left the residue of his estate to his two brothers. He was killed in France on 24th April, 1918, and his estate was sworn at £2,171. Whilst on leave from January to March18, 1918, engaged at Gisburne ploughing, he asked his wife to leave the mill and if she would do so he would buy her five stirks and she could stop at home and look after them and she could have whatever they made. She went with him to his father’s, Mr. Levi Thompson, farmer, of Foulridge, and bought five stirks for £75. The day after he said “I have bought them for you and they are yours whether I come back or not.” His wife then left the mill and looked after the stirks. About a month after he went with his wife to see Mr. Wilson Duxbury, a neighbouring farmer, about his bull running with the stirks and then told him he had bought them for his wife. This was repeated the next day when Mr. Duxbury came to see the stirks. He said “These are Jinny’s.” In May Mr. Levi Thompson went to the farm and ordered the plaintiff away, and on the first week in June locked the shippon and coal place. On Friday, 7th June, she, fearing he would prevent her removing the stirks, took advice, and on Saturday, the 8th, sold them to Mr. Robert Brown for £90. Mr. Levi Thompson was there and objected when Mr. Brown, on Mrs. Thompson’s referring him to Mr. Duxbury went to see him, and being satisfied, paid the money to the plaintiff. Mr. Thompson then bought them from him for £96.

The Judge, after hearing the evidence of the plaintiff, Mr. Duxbury and Mr. Levi Thompson said he was satisfied there was an absolute gift by the deceased to his wife and gave judgment for the plaintiff with costs on scale “C” and special fees, the costs of the claim to come out of the estate.

Mr. Perks undertook to pay the legacy.

His Honour said that he appreciated Mr. Steele bringing the action to the County Court as the defendant would not bring an action to try the title to the cattle and the only other alternative would have been an action in the Chancery Court at great expense for the legacy and administration of the estate, which would have no jurisdiction to try the counter claim.