Back to Court Monday to Try to Get Isabelle McCorkell on the Witness Stand

Fredericton, NB. On Monday, John Hughes, lawyer for Fred Streed, executor of the Estate of Robert McCorkill, will appear before the New Brunswick Court of Appeal here to seek Leave to Appeal from a December 17, 2013 decision by Court of Queen’s Bench Justice William T. Grant denying him the right to cross-examine Isabelle McCorkell (yes, different spelling), the sister of the late Robert McCorkell.

Mr. McCorkell who died in St. John in 2004, left a substantial collection of ancient coins and artefacts to the U.S.-based National Alliance. The will received probate in May, 2013. Almost immediately the Southern Poverty Law Center of Montgomery, Alabama denounced the bequest and said it should be stopped. he was echoed by Richard Warman in Ottawa. Soon, after, Isabelle McCorkell who lives in Ottawa and is the long estranged sister of Professor McCorkill, announced she was seeking an injunction to freeze the estate until she could bring an application to have the bequest reversed as it was contrary to the public interest. Miss McCorkell had shown no interest in the estate through the nine long years it too to probate.

The Attorney General of New Brunswick, the League for Human Rights of B’nai Brith and the Centre for Israel and Jewish Affairs piled in as interveners all singing from the same hymnal: that the bequest should be nullified as the National Alliance was “racist” and “White supremacist” and, therefore, contrary, to the public policy of Canada.

This shocking effort to hijack a testator’s property brought the Canadian Association for Free Expression into the fray in opposition to the effort to erase Professor McCorkill’s clear intent.

Early on, another judge had denied Mr. Hughes and the Estate the chance to cross-examine Miss McCorkell on her affidavit and the apparent contradictions in her position. For instance, she claims to be of very modest means and is unable to put down security for costs, as is customary in New Brunswick with out of-of-province litigants. Yet, she is able to afford one of Moncton’s biggest and priciest law firms that has been very active on her behalf.

The Motion for Leave argues: “It is apparent from these interventions (the NB Attorney General, B’nai Brith and the Centre for Israel and Jewish Affairs) supporting the Application (of Isabelle McCorkell) that a degree of co-operation of unknown proportions made possible the Application, and somehow protects the Intended Respondent (Isabelle McCorkell) from the usual costs of litigation.”

The Application was scheduled to be argued in St. John, January 27-28, but Mr. Hughes will be seeking a postponement of the hearing date should he get Leave to Appeal from the Order denying him the right to cross-examine the litigant instigator of this Application. Mr. Hughes is also seeking the quashing of Judge Grant’s Order directing Mr. Streed personally (not the Estate) to pay $3,000 in costs to Miss McCorkell and the three parties supporting her.
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Please Help CAFE Defend Free Speech from Those Who Would Submit Beneficiaries to Some Politically Correct Litmus Test

Robert McCorkill died in 2004 and left a substantial collection of ancient coins and artifacts to the White Nationalist National Alliance. The ant-free speech U.S. partisan group called the Southern Poverty Law Centre has vowed to kibosh the bequest. Joining the hitherto silent — for nine years! — sister (who, though claiming straitened circumstances is represented by a pricey Moncton law firm) is the Attorney General of New Brunswick, the League for Human Rights of B’nai Brith and the Centre for Israel and Jewish Affairs, all seeking to overturn the will.

CAFE has joined the fray to support the Estate and the principles of free speech and private property. “Subjecting beneficiaries to a politically correct litmus test is a frightening assault on freedom of speech and the right of a person to bequeath his property to whom he pleases. It is a shocking step down the road the state tyranny and the triumph of restrictive cultural Marxism,” warns CAFE Director Paul Fromm.

Time is of the essence. The case is scheduled to go to Court January 27.. WE NEED YOUR HELP!
CAFE, Box 332, Rexdale, Ontario, M9W 5L3
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