PART ONE: THE DOLLAR ON THE SIDEWALK
Here is a thing that Charles Vance Millar liked to do on Tuesday afternoons, when the weather was fair and the citizens of Toronto were scurrying about their business like so many well-dressed rats in a maze made of brick and Protestant guilt: he would take a dollar bill from his wallet, fold it once so it looked careless and wind-dropped, and place it on the sidewalk outside his offices in the Crown Life Building at Yonge and Colborne Streets. Then he would step back into the doorway, light a cigarette he had no intention of finishing, and watch.
The dollar was worth roughly twenty dollars in the money you or I might spend today. Not a fortune, but not nothing. Enough to buy a man's lunch and most of his dignity, if you caught him at the right angle.
"There goes another one," said his law associate Charles Kemp on one such afternoon in the autumn of 1924, leaning against the doorframe with the weary patience of a man who had learned to humour his employer's eccentricities. Kemp was twenty years old and still believed the world was essentially reasonable. He would learn otherwise. "That fellow in the grey coat — he's spotted it."
"Watch his feet," Millar said. He was seventy years old, thin as a fence rail, with the kind of face that looked like God had started carving it from granite and then wandered off to make a sandwich halfway through. His eyes, though — his eyes were the problem. They were the pale blue of lake ice in March, the kind you can see through but wouldn't dare stand on. "Watch his feet, Kemp. The feet always tell the truth before the face does."
The man in the grey coat had stopped. His feet performed a small, shuffling ballet — one step forward, one step sideways, a pause that lasted approximately the same amount of time it takes a Presbyterian to decide whether a second helping of pudding constitutes gluttony. Then his right foot darted forward, his shoe covered the bill, and his hand went down to his ankle as though he were adjusting his sock. When he straightened up, his face wore the expression of a man who had never seen a dollar bill in his life and certainly didn't have one in his pocket right now.
"Every time," Millar said. He took a drag on the cigarette, examined the coal with the detached interest of a man studying a moderately interesting beetle, and stubbed it out on the brick. "That's a chartered accountant, Kemp. I've seen him at the Yacht Club. Earns more in a month than my housekeeper sees in a year. And look at him — furtive as a schoolboy stealing apples."
"Perhaps he's embarrassed," Kemp offered.
"Of course he's embarrassed. He should be. He's just stolen a dollar from a sidewalk in broad daylight. But here's the important thing — " Millar turned those ice-chip eyes on his young associate, and Kemp felt, not for the first time, like a laboratory specimen being examined through a very clean lens. "He took it anyway. That's the whole sermon right there, my boy. You can preach about honour and principle and moral rectitude until your lungs give out, but put a dollar on the ground and watch what happens. Every man has his price. The only question worth asking is how low it goes."
Kemp would remember that conversation two years later, standing in the very same office, watching Charles Vance Millar die on the floor at four-thirty in the afternoon on Halloween, 1926. He would remember it again when they found the will. And he would think: the old devil wasn't just dropping dollars on the sidewalk. He was rehearsing.
* * *
But we are getting ahead of ourselves, which is the privilege of the dead and the storyteller, and since Charlie Millar is both — having written his story before he left the building, so to speak — we might as well start at the beginning, which is a farm on Talbot Street.
Charles Vance Millar was born on June 28, 1854, on a piece of land roughly two miles east of Aylmer in Malahide Township, Elgin County, Ontario. His father was Simon Millar — originally Miller, though Charles would later change the spelling and, with the quiet presumption of a man who had decided his own version of history was superior to the one that had actually occurred, had the revised surname carved onto his parents' grave inscriptions. His mother was Sarah Vance Millar, and if she had opinions about her son posthumously editing her headstone, she kept them to herself, being dead.
He was an only child, which explains a great deal.
After attending local schools near Aylmer — schools where, one imagines, a boy of Charles's particular temperament would have been about as popular as a case of ringworm at a swimming hole — he enrolled at the University of Toronto. Contemporary accounts claim he graduated with an average of ninety-eight per cent across all subjects, a figure so preposterous it either represents an extraordinary intellect or an extraordinary capacity for self-promotion, and in Charlie Millar's case it was almost certainly both. He was called to the bar at Osgoode Hall in 1884 and set up practice in Toronto, eventually settling into offices at the Crown Life Building.
"A daunting intellect and an incredibly sharp legal mind" — that's how his contemporaries described him, which is the polite way lawyers talk about a colleague who frightens them. His business associate Abe Orpen, who ran the Dufferin Park Racetrack and knew a thing or two about hustlers, observed that Millar always made verbal agreements, never written ones, and would "always look for some loophole in a contract, though never broke his word." Which is to say: he was honest in the way a card sharp is honest. The rules were always followed. The rules just happened to favour Charlie.
* * *
The money came from everywhere. Millar served as president and part-owner of the O'Keefe Brewery Company, one of Toronto's major breweries, which is to say he made his living selling the one thing Torontonians needed more than God. In 1897, he purchased the BC Express Company — Barnard's Express — taking over government mail delivery contracts in British Columbia's Cariboo region and building two sternwheelers, because a man who sells beer should obviously also operate steamships in the wilderness.
He invested in the Kenilworth Park Racetrack near Windsor, Ontario, and owned racehorses. His horse Tartarean won the 1915 King's Plate, Canada's most prestigious thoroughbred race, and one can only imagine the particular satisfaction this gave a man who enjoyed watching other people's greed the way birdwatchers enjoy finches.
But his shrewdest investment — and this is the one that tells you everything about the man — was a seemingly trivial purchase of land beneath the Detroit River for two dollars. Two dollars. The price of a decent meal. That land later became essential for the construction of the Detroit-Windsor Tunnel and appreciated to over one hundred thousand dollars, which even in 1920s money was the kind of return that makes investment bankers weep into their cocktails.
He never married. The Globe reported he was "jilted once by a girl of a prominent family and never had a serious relationship again," which is either a tragedy or a relief, depending on your opinion of Charles Vance Millar as a romantic partner. He lived alone at 75 Scarborough Road in the Beaches, belonged only to the Royal Canadian Yacht Club, was never known to give to charity, and — and this is the detail that always gets me — reportedly slept on his veranda in all weather "to keep himself hard."
Picture it. January in Toronto. The kind of cold that makes your teeth ache and your soul question its attachment to your body. And there's Charlie Millar, seventy years old, wrapped in a blanket on his porch like some kind of legal ascetic, staring up at the frozen stars, thinking about — what? Loopholes? Racehorses? The fundamental venality of the human condition? The look on that accountant's face when he pocketed the dollar?
All of the above, probably. Charlie Millar was a man who kept himself hard because the world was soft, and soft things were easy to carve.
PART TWO: HALLOWEEN, 1926
Here is how it happened, or at least as close to how it happened as the living can reconstruct from the testimony of the recently bereaved and the professionally vague:
At approximately four-thirty in the afternoon on October 31, 1926 — Halloween, because of course it was Halloween, because the universe occasionally displays a sense of narrative timing that would embarrass a novelist — Charles Vance Millar was in his office at the Crown Life Building, discussing a case with young Charles Kemp.
"The problem with Hendricks," Millar was saying — or something very like it — "is that he thinks a contract is a promise. A contract is not a promise, Kemp. A contract is a cage. You build it around a man's intentions and then you see if he's clever enough to — "
He stopped. His hand went to his chest. Not clutching, the way they do in the pictures — more like a man patting his pockets for a misplaced key.
"Mr. Millar?" Kemp stood. "Sir, are you — "
Millar looked at him. For one moment, those ice-chip eyes held an expression Kemp had never seen in them before and would spend the rest of his life trying to name. It wasn't fear. It was closer to recognition. The look of a man who has spent his whole life setting traps and has just realised he's stepped into one.
Then he fell.
A doctor was summoned. Charles Vance Millar was dead before he arrived, felled by a stroke at the age of seventy-two. Some accounts would later call it a heart attack, others a cerebral haemorrhage, but the Toronto Star obituary of November 1, 1926, said stroke, and we shall trust the Star because it was there first and because dead men don't correct their obituaries — though if anyone could have found a loophole in that particular rule, it would have been Charlie Millar.
The funeral was held at 75 Scarborough Road, his drafty house in the Beaches, attended by enough lawyers to staff a medium-sized purgatory. He was buried in the family plot at Burdick Cemetery, Summers Corners, near Aylmer — back in Elgin County, where he'd started. His gravestone is as plain as a receipt: "Chas. Vance / MILLAR / born / June 28, 1854 / died / Oct. 31, 1926." He left money to renovate the cemetery, and granite gateposts were erected reading "In Memoriam / CHARLES V. MILLAR / 1854–1926" on one pillar and "BURDICK CEMETERY / Improved 1927" on the other. It was, in all likelihood, the only sincere and straightforwardly generous thing he ever did with his money.
But the real show hadn't started yet. The real show started when they found the will.
* * *
The story goes — and it's a good story, so we'll tell it even though we can't swear to every syllable — that when Millar's law partner found the will, he read it through once, read it through again, and then said to the room:
"I've found some writing in the form of a will, but it's not a will — it's a joke. We're searching for the actual will now."
They searched. There was no other will. There was only this document, dated June 7, 1921, containing ten clauses, each one more diabolical than the last, introduced by a preamble that read like a philosopher's suicide note:
"This Will is necessarily uncommon and capricious because I have no dependents or near relations and no duty rests upon me to leave any property at my death and what I do leave is proof of my folly in gathering and retaining more than I required in my lifetime."
The estate was valued at three hundred and twenty-two thousand, three hundred and nine dollars at probate — roughly five and a half million in today's Canadian money. And every cent of it was a loaded gun pointed at the dignity of Toronto's finest citizens.
PART THREE: TEN TRAPS FOR TEN SOULS
Let us proceed through the clauses in order, the way one proceeds through a fun house — slowly, with increasing dread, and with the growing suspicion that the architect is laughing at you from somewhere you can't see.
Clause One: The Debt. Millar left ten thousand dollars to A.L. Gourlay of the J.J. McLaughlin Company, "as he lost approximately that sum in a business transaction with me." This was the will's only honest, clean-hearted bequest — a debt repaid, a wrong righted, a conscience cleared. Consider it the straight man in the comedy. Everything after it is the punchline.
Clause Two: The Housekeeper. Five hundred dollars to Mrs. Wilson, his housekeeper. Some accounts suggest she had predeceased him, which — if true — means Charlie Millar left money to a dead woman, adding an unintended joke to a will that was already drowning in intentional ones.
Clause Three: The Witness. One thousand dollars to Charles Kemp, the young law associate who had the misfortune of watching his employer die. Call it hush money. Call it a tip. Call it the price of watching a seventy-two-year-old man discover, in the last three seconds of his life, that there was one contract he couldn't wriggle out of.
Clause Four: Worthless Paper. Half his shares in the BC Express Company to Willis West of Edmonton. The shares were worth approximately one dollar. This was either an oversight or — given everything else in the will — the most precisely calibrated insult in Canadian legal history.
Clause Five: Catholic Masses for a Protestant Soul. Upon the death of Major Joseph Kilgour, a prominent Toronto Protestant businessman and horseman, five hundred dollars was to be given to the Roman Catholic Archbishop of Toronto for masses for Kilgour's soul, "as he will be greatly in need of help at that time."
Let us pause to appreciate this. Millar and Kilgour knew each other from the racing world. Kilgour was Protestant — emphatically, unapologetically Protestant, in that particular Toronto way that involved a great deal of stiff posture and firm handshakes. And now, upon his death, the Catholic Church would be praying for his immortal soul on Charlie Millar's tab. Kilgour died in 1928, two years after Millar. One imagines him arriving at the pearly gates and being informed, to his considerable horror, that a Catholic archbishop had been putting in overtime on his behalf. His estate later became the grounds of Sunnybrook Hospital, which at least meant something good came of all that Protestant discomfort.
* * *
Clause Six: The Jockey Club. This is where the will shifted from mischief to artistry. Millar bequeathed one share each in the Ontario Jockey Club — worth approximately fifteen hundred dollars apiece, about twenty-seven thousand today — to three men who had absolutely no business being anywhere near a racetrack:
The Honourable William E. Raney, former Attorney General of Ontario, a man so ferociously opposed to horse racing and gambling that he had personally appeared at legislative hearings to argue against expanding the sport — hearings where Millar himself had sat on the other side of the table, making the case for more racing. Raney was the kind of reformer who believed that a day at the track was the first step on the road to moral ruin, and he said so loudly and often.
The Reverend Samuel D. Chown, former General Superintendent of the Methodist Church in Canada, who opposed racing on grounds that God probably had feelings about it and those feelings were negative.
And Abraham "Abe" M. Orpen, a Toronto racetrack operator who ran the rival Dufferin Park Racetrack and hated the Ontario Jockey Club the way a man hates a restaurant that opened across the street from his own. Orpen was, ironically, Millar's business partner in the Kenilworth Park Racetrack. Charlie was putting his own associate in the joke.
The will required all three to become enrolled shareholders within three years, or forfeit the shares to the residuary estate. The comedy was layered like a cake baked by a very cruel pastry chef: two moral crusaders against all racing, plus one professional rival of this specific racing club, forced into the same membership rolls. Picture the membership meeting. Picture the handshakes.
What actually happened was this: on August 27, 1927, Raney and Chown walked into the Ontario Jockey Club, became members for precisely five minutes — long enough to satisfy the enrolment requirement and sell their shares to another member for over three thousand dollars — donated the money to the Poppy Fund, a veterans' charity, and cancelled their memberships at once.
"I refuse," Raney reportedly told a reporter, "to let a dead man make a fool of me."
He said this while standing outside a jockey club he had just joined and quit in the time it takes to boil an egg. The dead man, one suspects, would have considered the fool-making already accomplished.
Orpen, being a practical man, simply kept his share.
* * *
Clause Seven: Racetrack Shares for Clergymen (Minus the Killer). To every ordained Christian minister in the towns of Walkerville, Sandwich, and the City of Windsor, Millar left one share in the Kenilworth Jockey Club — "except one Spracklin who shot an Hotelkeeper."
This requires explanation, and the explanation is better than the clause.
The Reverend J.O.L. Spracklin — Leslie, to his friends, if he had any left — was a Methodist minister and prohibition crusader who, while serving as a provincial liquor inspector in 1920, shot and killed Beverly "Babe" Trumble, a hotel proprietor involved in the illicit liquor trade. Spracklin was acquitted — this was prohibition-era Ontario, and shooting a rum-running hotelier was apparently somewhere between a misdemeanour and a public service — but he resigned from his church and emigrated to the United States, presumably to a state with fewer people who remembered him killing a man in a hotel lobby.
Millar's exclusion of Spracklin wasn't moral outrage. It was gratitude. A hotel owner named McGaw had helped Millar financially early in his career, and Millar had lived at Toronto's Queen's Hotel for twenty-three years. He liked hotelkeepers. He did not like ministers who shot them.
In October 1928, five Windsor pastors claimed the Kenilworth shares. They turned out to be worth less than one cent each. The racetrack closed within a decade. The ministers, one imagines, went back to their sermons with a renewed conviction that the wages of sin were extremely disappointing.
* * *
Clause Eight: Catholic Beer for Protestant Souls. And here we arrive at the clause that proved, beyond any theological doubt, that Charlie Millar understood human nature better than most of the people who preached about it for a living.
Millar left one share of the O'Keefe Brewery Company of Toronto — a Catholic-owned enterprise of which he himself was president — to each Protestant minister exercising his clerical function at an annual salary and resident in Toronto at the time of his death, and to each Orange Lodge in Toronto.
Now. The Orange Order was, in the Toronto of the 1920s, the most fiercely, flamboyantly, operatically anti-Catholic organisation in the city. These were men who marched every July 12th to celebrate the victory of Protestant King William over Catholic King James at the Battle of the Boyne in 1690 — men for whom the word "Catholic" was an epithet, a warning, and a diagnosis all at once. And Millar was handing them shares in a Catholic brewery.
The Protestant ministers, meanwhile, were being asked to become part-owners of a company that manufactured the very substance many of them spent their Sundays thundering against. It was beautiful. It was like giving a vegetarian a cattle ranch and then watching them try to explain why they were keeping it.
"The question," said one anonymous minister quoted in the Globe at the time, "is whether a man of God can accept shares in a brewery without compromising his principles."
The answer turned out to be: yes, ninety-nine times out of two hundred and sixty.
Of the approximately two hundred and sixty eligible Protestant ministers in Toronto, ninety-nine accepted the shares. Of one hundred and fourteen Orange Lodges, one hundred and three accepted. Nearly all sold immediately and donated the proceeds to charity, which allowed them to maintain the fiction that they had touched the money only long enough to wash their hands of it.
The final irony was financial. Millar's interest in O'Keefe was held through a holding company, and when O'Keefe was sold in 1928 for 1.35 million dollars, each legatee received a grand total of fifty-six dollars and thirty-eight cents. Fifty-six dollars. For which they had compromised their loudly stated principles, joined a Catholic enterprise, and become — however briefly — shareholders in a brewery. It was widely observed that if every man has his price, it is apparently not likely to be fifty-six dollars and thirty-eight cents.
* * *
Clause Nine: The Holiday Home from Hell. Millar left his Jamaica vacation home — a property called "Ivy Green" on Half Way Tree Road in Kingston — jointly for life to three fellow Toronto lawyers who were known to despise one another with the particular intensity that only men who share a profession and a postal code can generate:
T.P. Galt, K.C.; J.D. Montgomery; and James Haverson, K.C., who served as legal counsel for O'Keefe Brewery, because of course he did.
The specific origins of their mutual animosity are lost to history, though anyone who has spent time in a room full of lawyers will find this entirely unsurprising. Upon the death of the last survivor, the property was to be sold with proceeds going to Kingston's poor.
And here was the punchline within the punchline, the trap door under the trap door: Millar had already sold the property before his death.
Picture it. Three men who cannot stand the sight of one another, gathered in a lawyer's office, forced by the terms of a dead man's will to contemplate sharing a tropical holiday home. Galt, sitting as far from Montgomery as the room will allow. Haverson, examining his fingernails with the studied indifference of a man who would rather be literally anywhere else. A long silence. And then:
"Gentlemen," says the executor, clearing his throat. "I'm afraid there's been — well, Mr. Millar appears to have sold the Jamaica property some time before his death."
Another silence.
"So there's no house," says Galt.
"There is no house."
"And we've been sitting here for forty-five minutes discussing the shared custody of a house that doesn't exist."
"That would be an accurate summary, yes."
Montgomery, despite himself, begins to laugh. Haverson stares at him. Then Haverson begins to laugh. Galt, who is not a man given to laughter, permits himself a thin smile, and says:
"The son of a bitch got us one last time."
Somewhere in Burdick Cemetery, under six feet of Elgin County clay, Charlie Millar — one imagines — rested very comfortably indeed.
PART FOUR: THE GREAT STORK DERBY
And then there was Clause Ten.
Clause Ten was the main event. Clauses One through Nine were the warm-up act, the comedian who comes out before the headliner to loosen up the crowd. Clause Ten was the bomb. Clause Ten was the thing that would consume twelve years of litigation, reach the Supreme Court of Canada, draw international headlines, provoke a government intervention, and transform the lives of some of Toronto's poorest families while making the rest of the country watch with the same queasy fascination you feel at a boxing match between a millionaire's ghost and the Great Depression.
The residuary clause — covering the bulk of the estate — read:
"All the rest and residue of my property wheresoever situate I give, devise and bequeath unto my Executors and Trustees named below in Trust to convert into money as they deem advisable and invest all the money until the expiration of nine years from my death and then call in and convert it all into money and at the expiration of ten years from my death to give it and its accumulations to the Mother who has since my death given birth in Toronto to the greatest number of children as shown by the Registrations under the Vital Statistics Act."
Read that again. Take your time. Because what Charlie Millar did, in a single paragraph of impeccable legal prose, was this: he bet his entire fortune that the women of Toronto would race to have babies for money. He wagered everything he had that motherhood — that most sacred, most sentimentalised, most hymn-soaked institution in all of Christian Canada — could be turned into a competition. A horse race. A derby.
The press, with the instinct for a good headline that has sustained newspapers since Gutenberg, called it the Great Stork Derby.
And the starting gun went off on November 1, 1926 — the day after Halloween, the day after Millar died, the first day of a decade-long race that would be run not on any track but in the maternity wards and kitchen-table bedrooms and overcrowded flats of Depression-era Toronto.
* * *
The timing was — and there is no other word for it — diabolical.
The ten-year window, October 31, 1926, to October 31, 1936, coincided almost exactly with the Great Depression. By 1933, a quarter to a third of Canadians were unemployed. By 1935, more than twenty-five per cent of Toronto families relied on government relief. These were years when men sold apples on street corners and women made soup from potato peelings and every penny was a small desperate miracle. And into this grey landscape of want, Charlie Millar's will dropped the promise of a fortune — a fortune that would go to whoever could produce the most children in ten years.
Eleven families officially competed. The newspapers treated it like a sporting event, publishing leaderboards, baby scorecards, and chasing pregnant women around Toronto for exclusivity agreements. Reporters knocked on doors at all hours, asking women who were already exhausted from poverty and childbearing whether they had any comment on their position in the standings.
"It's like covering the horse races," a Toronto Star reporter allegedly told his editor, "except the horses can talk and they're all furious with you."
The press called it a mothers’ race. That phrase deserves a crowbar taken to it. Under Canadian law in the 1920s and 1930s, married women had limited authority over their own financial affairs, restricted property rights in many provinces, and — critically — almost no access to birth control information, which remained a criminal offence under Section 207 of the Criminal Code until 1969. A married woman in Depression-era Toronto could not walk into a doctor’s office and ask how to stop having children. She could not, in many practical respects, refuse her husband. The decision to keep conceiving was not hers alone and was often not hers at all. Arthur Smith, John Nagle, Arthur Timleck, Matthew Kenny, Joseph Bagnato — these men are footnotes in every telling of the Stork Derby, identified by occupation (fireman, carpenter, tire factory worker) and then forgotten. But they were the other half of every pregnancy. In several cases, they were the deciding half. The contest Millar designed was a horse race, sure enough. The newspapers just misidentified the jockeys.
* * *
The first legal challenge came not from any mother but from the Ontario government itself. In March 1932, Attorney General William H. Price introduced Bill 141 — "An Act respecting the Estate of Charles Millar, deceased" — which sought to seize the entire estate for the province, redirect the income to University of Toronto scholarships, and kill the Stork Derby outright.
The public response was volcanic.
During the worst years of the Depression, the Stork Derby had become something more than a curiosity. It had become a lifeline, a lottery ticket made of flesh and hope, the one bright absurd spark in an otherwise relentlessly dark decade. Price received as many as fourteen thousand letters of protest — fourteen thousand — from citizens who, whatever they thought of the propriety of the contest, were damned if they were going to let the government steal a dead man's prank from the poor women who were suffering through it.
The bill was withdrawn.
Later, Premier Mitchell Hepburn called the contest "the most revolting and disgusting exhibition ever put on in a civilised country" and vowed to stop it, but his government never successfully passed legislation against it, because vowing to stop things is considerably easier than stopping them, as every government in history has eventually discovered.
* * *
After the ten-year period ended on October 31, 1936, the real legal war began. Millar's distant relatives — second cousins and remoter kin who materialised from the woodwork like termites smelling money — challenged the Stork Derby clause. Their lawyers, I.F. Hellmuth K.C. and I. Levinter K.C., argued the clause was void as against public policy, contending it encouraged "the birth of children without regard to their chances of life or welfare" and what "no decent breeder of dogs would do."
This is what lawyers sound like when they're losing: they start comparing women to dogs.
Justice William E. Middleton of the Ontario Supreme Court heard the case in November 1936 and upheld the will on November 20, ruling that Clause Ten was not against public policy. His reasoning was characteristically judicial and characteristically human: the clause was, he wrote, "prompted rather by sympathy for the mothers of large families, who are often extremely poor people, not unmingled by a grim sense of humour."
Critically, Middleton ruled that "children" meant only legitimate, living children registered under the Vital Statistics Act — not illegitimate children and not stillbirths. "A child born dead is not in truth a child," he wrote. "It was that which might have been a child." The courts did not simply uphold every word of Millar's will — they interpreted it, narrowed it, and imposed limitations that Millar himself had not specified. But the central scheme survived.
The Court of Appeal for Ontario unanimously affirmed in 1937. The relatives appealed to the Supreme Court of Canada, where Chief Justice Lyman P. Duff delivered the decisive opinion: "We find it impossible to affirm from any knowledge we have that a policy of encouraging large families by pecuniary reward to the parents or donations to the children would have a tendency injurious to the state or to the people as a whole."
Justice Oswald Smith Crocket wrote a separate concurrence articulating a broader principle: public policy should be invoked to void dispositions "only in clear cases, in which the harm to the public is substantially incontestable."
The will stood. The Stork Derby was legal. Charlie Millar had won from beyond the grave.
PART FIVE: THE WINNERS AND THE BROKEN
When the counting was done — when thirty-two lawyers had appeared at the initial hearing to claim shares for their clients, when the eligibility rules had been applied and the disqualifications handed down — seven families were eliminated and the estate was divided among four women who each had nine qualifying children.
The total estate at distribution was approximately five hundred and sixty-eight thousand, one hundred and six dollars. Judge MacDonnell of Surrogate Court ordered the final distribution on May 30, 1938 — nearly twelve years after Millar's death. Each winner received somewhere between one hundred and ten thousand and one hundred and twenty-five thousand dollars, the variation reflecting deductions for legal fees and, in three cases, the repayment of government relief money the families had previously received.
Here are their stories, or at least the parts of their stories that survived.
* * *
Annie Katherine Smith — Mrs. Arthur Smith — was the quiet winner, the steady one. Her husband was a Toronto fireman with six dollars in his bank account when the prize arrived. Six dollars. The distance between six dollars and a hundred thousand is not merely financial; it is the distance between one kind of life and another, between the world where you count every potato and the world where you stop counting.
The Smiths put the money in the bank. They allowed themselves two hundred dollars to spend freely. They bought a new car — their first. Annie eventually persuaded Arthur to resign from the fire department after twenty years. They purchased a townhouse, which they rented to the mayor of Toronto (a detail so absurd it sounds fictional, but apparently isn't), and a small hotel at Wasaga Beach. Every Christmas, Arthur returned to his old fire station with boxes of cigars for his former colleagues.
"Arthur," Annie reportedly said when they collected the cheque, "we are going to be sensible about this, and you are going to let me handle the money."
Arthur, who had spent twenty years running into burning buildings, recognised a losing argument when he saw one.
* * *
Kathleen Ellen Nagle — Mrs. John Nagle — was more candid about her motivations than the others. Her husband was an unemployed carpenter; the family was on government relief. Kathleen admitted the prize money had spurred her to have more children, telling a reporter: "I'd like to be the mother of the biggest family in Canada."
The Nagles bought a five-thousand-dollar house and furnished it partly with earnings from advertising testimonials, because in Depression-era Canada, winning a baby race made you a celebrity, and celebrities could sell things.
* * *
Lucy Alice Timleck — the dark horse — had seventeen children in her lifetime. Two days before receiving the prize, the family was on government relief. In winter, they slept together in the living room for warmth, all of them piled in like cordwood, because the rest of the house was too cold to occupy.
Within a day of the payout, salesmen arrived at the door offering furniture, farms, and fur coats. The Timlecks bought a ten-thousand-dollar mansion, remodelled it themselves, and invested in a hamburger stand run by their four oldest sons.
Lucy, to her lasting credit, offered a remark so honest it must have caused several newspaper editors to choke on their coffee: "I think birth control is a wonderful thing. I am sorry, in one way, that birth control information wasn't available years ago."
Her grandson Kevin Timleck later told FiveThirtyEight that he has more than one hundred first cousins. One hundred. That is not a family. That is a census district.
* * *
Isabel Mary Maclean — the most private of the winners — invested in bonds, grew the fortune by two hundred dollars per month, and vanished entirely from public view. She is the footnote among the winners, the one who took the money and ran — not to anywhere in particular, but away from the cameras and the reporters and the whole grotesque circus of it all. One can hardly blame her.
* * *
But it is the disqualified women — the ones who lost — whose stories linger longest and hurt the most.
Lillian Kenny had eleven births during the decade — more than any winner — but three of her babies were stillborn, leaving her with only eight qualifying children under Justice Middleton's ruling. She was the contest's most colourful and combative figure. Her husband had been laid off from a tire factory. The family lived in grinding poverty, moving frequently, pursued by reporters and welfare workers and the relentless biology of the contest.
Lillian charged photographers for her picture and physically attacked one who took a photo without paying. She threw rice and oatmeal at welfare workers who came to her door. She named one of her stillborn children Charles Vance Millar Kenny — the only contender to name a child after the man who had set the whole machinery in motion.
TIME magazine reported that one of her babies had died from rat bites, though Canadian historians have been unable to verify this beyond the TIME account. What is verified is that the infant mortality rate among Derby babies was devastating — roughly six times the national average, with some estimates that thirty-four per cent of babies born to contenders died.
Lillian received a twelve-thousand-five-hundred-dollar out-of-court settlement in exchange for dropping her appeal. She bought a sealskin coat. She developed a love of taxis, once paying a driver one hundred dollars for a round trip to Niagara Falls. By 1941, she had spent everything and returned to poverty.
"Easy come, easy go," she told a reporter. But there was nothing easy about any of it, and she knew it, and the reporter knew it, and Charlie Millar — if he was listening from wherever dead pranksters go — knew it too.
* * *
Pauline Mae Clarke had ten births during the decade, but five of her children were fathered by a man other than her husband, making them illegitimate under the court's ruling. The situation was grimmer than most accounts acknowledged: according to This American Life, her lover had drawn up a contract entitling him to half her winnings if he impregnated her sufficiently to win. He was also abusive. She received a twelve-thousand-five-hundred-dollar settlement and disappeared into the same kind of hard, quiet poverty from which the contest had briefly promised to rescue her.
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Grace Bagnato — and here the story stops being funny, if it ever was.
Grace Bagnato, née Grace Genovese, was born in Scranton, Pennsylvania, to Italian immigrant parents. She moved to Toronto as a young child and was married at age twelve or thirteen in an arranged marriage to Joseph Bagnato, who was twenty-five. She bore twenty-three children in her lifetime. Nine during the contest period. Twelve survived to adulthood.
She taught herself seven languages — Italian, Polish, German, Yiddish, Ukrainian, Russian, and English — and became Ontario's first female Italian-Canadian court interpreter. She did this while raising a family so large it would have defeated most people and while living in the kind of poverty that does not permit exhaustion because exhaustion is a luxury.
She was disqualified due to issues with her children's registration and her husband's undocumented immigration status — technicalities, in other words, the kind of fine print that Charlie Millar would have understood perfectly.
Unlike the other disqualified women, Grace chose to take nothing. No settlement. No compromise. Her granddaughter later said she never discussed it again.
Grace Bagnato died on October 8, 1950. A historical plaque honours her in Toronto's Little Italy neighbourhood. More than one hundred people still gathered annually as recently as 2019 to share stories about her.
As This American Life observed: Charles Vance Millar did not have any children, and unless you preface it with "remember that crazy Stork Derby guy," nobody remembers his name. But more than a hundred people get together every year to share stories about Grace Bagnato.
Every man has his price. But not every woman.
PART SIX: THE DEAD MAN'S PUNCHLINE
In law, Re Millar remains the leading Canadian authority on the limits of the public policy doctrine in testamentary dispositions. The Supreme Court's ruling established that eccentricity and caprice alone cannot void a will, and that courts must exercise great restraint before overriding testamentary freedom on moral grounds. It is still taught in Canadian estates courses and was later cited in cases including Canada Trust Co. v. Ontario Human Rights Commission in 1990.
The contest had troubling dimensions that should not be papered over. All four winners were married, middle-class Protestants of Anglo-Saxon background. The women with the most total births — Kenny, Clarke, and Bagnato — were all disqualified on various technicalities. The system, as systems tend to do, rewarded those who most closely resembled the people who designed it.
Mark M. Orkin, a Queen's Counsel, wrote the definitive account of the saga in The Great Stork Derby, published in 1981 by General Publishing Company in Toronto. Elizabeth Wilton's 1994 master's thesis, Bearing the Burden: The Great Toronto Stork Derby 1926–1938, provided the scholarly foundation for a 2002 Canadian television movie starring Megan Follows, which received Gemini Award nominations. Two novels have fictionalised the events: Ann S. Epstein's The Great Stork Derby in 2021 and Caroline Lea's Prize Women in 2023. Toronto's Muddy York Brewing Company produced a Stork Derby Stout in 2016 — because in Toronto, even moral parables eventually become craft beer.
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Here is the last thing.
There is a cemetery near Aylmer, in Elgin County, that is better kept than it has any right to be. The gateposts are granite. The grass is trimmed. The inscriptions are legible. All of this was paid for by a man who never gave to charity, never married, never had children, never trusted anyone, and spent his Tuesday afternoons dropping dollar bills on sidewalks to prove that human beings were essentially corrupt.
Whether the will was a genuine prank, a philosophical experiment in human greed, or — as some historians have argued — a deliberate attempt to expose the absurdity of Canada's prohibition on birth control information by incentivising unlimited reproduction, remains unknowable. Charlie Millar did not explain himself. He never did. He set the trap, and he left.
What is clear is that he understood, with unsettling precision, how money warps principle. Ministers accepted brewery shares. Anti-gambling crusaders joined racing clubs. Impoverished women bore children into Depression-era squalor for a chance at a fortune. And a man who trusted no one was proven right about nearly everyone.
Except Grace Bagnato.
Except the woman who looked at the money, and the contract, and the fine print, and the whole elaborate machinery of a dead man's joke — and said no.
That's the thing about proving that every man has his price. Eventually you meet someone who doesn't, and the joke is on you.
Rest well, Charlie. You earned it. The cemetery looks wonderful.
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