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Case file s1666 · Probate and trust law · 1926
1926
Charles Vance Millar: Charles Vance Millar
Charles Vance Millar. Unknown author. Public domain, Wikimedia Commons.
Died
31 October 1926; contest closed 31 October 1936
Place
Toronto, Canada
Field
lawyer, business · Law and courts on the timeline
Legal tradition
Canadian common law (Ontario wills) · Common law
Historical event
The Great Depression in Toronto, 1930s

Charles Vance Millar left his estate to the Toronto mother with the most babies in 10 years, and 4 mothers with 9 children each split it

Charles Vance Millar, a Toronto lawyer and financier with no dependants, died of a stroke in his law office on 31 October 1926. His will, dated 7 June 1921, called itself "uncommon and capricious." It gave a share of O'Keefe Brewery stock to each salaried Protestant minister and each Orange Lodge in Toronto. It gave Ontario Jockey Club shares to W.E. Raney and the Reverend Samuel D. Chown, opponents of horse racing, and to A.M. Orpen, who detested the club. It gave his house in Jamaica, for life, to T.P. Galt, J.D. Montgomery and James Haverson, 3 men known to dislike each other. The house had already been sold. The residue was to be turned into cash 10 years after his death and given to the woman who had "given birth in Toronto to the greatest number of children" in that time. The contest became known as the Stork Derby. Distant relatives went to court to have the will declared invalid. Ontario's attorney general introduced a bill to nullify the will 6 years after Millar's death, and the government then backed down†. The Supreme Court of Canada upheld the clause in Re Millar, [1938] SCR 1. The courts ruled that stillborn children and children born outside marriage did not count. Justice William Middleton awarded the prize to 4 mothers with 9 children each: Annie Katherine Smith, Kathleen Ellen Nagle, Lucy Alice Timleck and Isabel Mary Maclean. Each received about $110,000. Lillian Kenny, whose count included stillbirths, and Pauline Mae Clarke, whose count included children born outside marriage, each received $12,500 to drop their appeals. The estate was worth $568,106 when it was liquidated. Of the 4 winners, 3 had to repay relief money they had received from the City of Toronto.

What the law took from it

Courts will enforce an unusual will clause that is lawful and clear enough to apply, and they decide the gaps the testator left, such as which children count.

Cite as: celebrity.estate, “Charles Vance Millar left his estate to the Toronto mother with the most babies in 10 years, and 4 mothers with 9 children each split it,” story s1666, https://www.celebrity.estate/charles-vance-millar-1926, updated 30 October 2026.

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