The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-14

.dppsai 10 s Surreme Csari Of the Umited States
lcoycLUpED.l
Proofs and arguments establish the Sirth Point
oome to the test mony Of Pierre Baron Bois-
psess a.. Of
In the testimony of this witness Is to be found conhr
nation OF that Of all tho others strong as Holy WITT
conclusion that the will OF 1913 was destroyed at the
very moment in which the last vital spark Of life was
taking its fight from the corporal body OF the tesator to
another and better world.
lie proves the child born in his house; prspa
rations for her birth made by Mr.. Clark who |
placed her with Madame Davis at the of eight days.
Clarke always acknowledged her to be his legitimate
daughter and declared that he should do in his WILL
the same will spoken Of by many witnesses; the
day before and the day of bis death Mr. Clark
gmscy in this will and constituted her his sole heress
about fifteen days before his death, witness at his
sealed packet which hs handed to Chsvser de la Crox
and said, My last will Is finished 1t il In this sealed
~n aos
happens to me- will do for hsr all you promised me
VIII you take her at once from Mr. Davis! have given
her all my estate In WILL annuity to mother,
and some egacies to friends you Pilot and Beschasss
the executors " SO.
conversations with Mr. Clark, &o he says, The day
before he died Mr. Clark, speaking Of his daughter
below the little black CASE that he could die oonented
he had ensured his estate to her in his will he
toned his pleasure that he had made his mother comfort
able by annuity and remembered some friends by To-
gacies," &c. About two hours before his death, Mr.
me- that wished bis will to be taken to Chsvalisr
de la Croix, as he her tutor we'll of the
bis servant to be- sure as soon as he died to
carry his little black to Chevaer de Ia Crox after
mis- and very short time before M H. Clark dsd saw
OF which, believe opened the little black case-I
bad seen Mr. Clark open It very often After taking
went below did not Mr.. Rslt and the office room
door shut Lubin told me that when Mr. Relf went
down with the keys Of the armoir he followed, saw
him there, getting down, 20 into the efoe room,
and that Mr. Rslf going into the office ROOM locked
the Office room door. Almost Mr. Clsrk's last words
were that his last will must bs taken Of said
Myra's account"
The testimony Of Gaisn Prevail who affixed the seals
the effects OF Mr. Clark, after his DEATH required
bylaw to be done to 30 found At ao5 b: says that
Rs Ssog IN d the
graphic w he took 1t for the purpose Of delivering 1t
70 tn.
the deceased before the seals affixed directly
tary to law for tho principal object seals Is to
prevent the destruction removal Of any papers be-
longing to the deceased but at 1922 the witness
is explicit in his recollection of the mannsrn which
tbs will Of 1911 produced he says, that he has
no recollection of having Mr. Rslf take the win Of
Mr. Clark out Of trunk containing papers, that dc.
him upon the chamber, armoir, and bureau when Mr.
Relf came and presented the will to him. He says
that the seals had already been affixed from the circu
stance Of keeper Of the seals having signed the
oesverba before mention made therein Of the said
WILL" SO.
Yes tis unfortunately too true, that this will not
taken Of a trunk OF the deceased 1t taken,
this testimony clearly shows out Of the pocket Of Mr.
Rel who had had possession of 1t from the of it,
execution To establish this fact beyond doubt see
the testimony Of De Ia Crox $50, we'll as that of
several other witnesses in which it viii be that Mr.
Clark informed them that be had made the will Of 1911
In which Rsf and Chew were named as executors and
he about to revoke 1t, he did not wish them to
know Of his Intentions, ~ he did not wish to offend
them
IL at ali times extremely unpleasant for the counsel
in such this to be compelled in the perform
of imperative and paramount duty to draw differences
from the testimony adducsd which 50 deeply affect the
before but the conclusions to be drawn from all the
Irresistible and though they fall with heavy hand upon
one Who has grown DID, and generally through life been
memory Of the dead and justice to the living would seem
to aloud for rstributon for Who after reading the
destroyed ct the moment Of the demise Of the
imisht 70 on and show clearly, from tho manner in
which the under che substituted will Of 1911
have managed the estate of the deceased there
strong personal interests motives to tho fsul
Of destroying that oflsls but forbear tits enough
sho that the thing done, and conscientious
y say that one who has personal interest in the
vodsbs conclusions which result from tho testimony in
the case that crime has been committed, should have
fallen where they have than do.
Isha be very brief in my effort to show that the
ecutors under the will Of 1911 have not done their du
the n's TO tho
legitimacy Of the claimant all sales Of the property Of
has been 50 often decided by the supreme Court Of
Louisiana that nothing need be said beyond that
frrng the Court to Benjamin and slidss Digest or to
found In the Congress Library Heads Minors and Ex-
ecutors But to enable the Court to comprehend this
part OF the subject with facility, will quote sspe
tutor has tn. power of al.nating the property
Of his pupil except in the provided for law and
then only with the permission Of the Judge"--3 Mar
tins Reports, p 456.
"The proceedings the Court of Probstes Of parish
In which neither the minor, his tutor undertutor
side for the sale of his property are void-4 Martins
"a tutor cannot make q compromise respecting the
mmovseis property Of minor, without judicial d.
An executor cannot sell the property Of his tsststor
by private sale although authorised to DOT extrsudi
S MnG prs, ;. IL
Reports (New series), p. 326.
"A sale Of minors property without the legal sosmni
knowing 1t Was the property OF minors will not render
minors are not bound by sale of their property
mot p.rtiss"cS Martins Reports (Nsw ssr.sy, p So
absolutely nun and vod.'Y4 Iouisana Reports, 49,
Many other decisions Of the Supreme Court Of Lousi
but would DO aborins e no purpose to extend them
any further 1t would here naturally to the read
no s;s 'sS :: e q Z IL 3.
troducs them ,a without further oonmsnt ,
IS o. ' sd Of @ DE-
csed IL. nOvsSi. and imnovsSls propsrty
This sale shall be authorised by the Judge and
made at public auction after having been daily adver-
tised,n Sc Art 81.
The judge at ths time of u.horsug the said sals
shall tx with the advice Of the meeting Of the family
several terms of credit at which the MINORS pro-
perty shall be sold we'll the rate Of interest," the
securities to be given by the purchaser and the other
condition. of the sale, as the case may require" Ar
Gle 90.
"The minors property not DO sold for less than
the amount of its appraised value mentioned In the in
ventory,n SO. Art SO.
Thus stood the law until the year 1911, when the L.
gature of the State Of Louisiana passed act ap-
oved he of Arch. eCti If
declares That the passing Of this ao the proper
ty OF minors shall be kept unsod unle the tutor With
the of under guardian and ct least i've Of
the relatives Of the mnor, Of equal
Der of friends II there relations, duly sworn to
declare the truth the whole truth and nothing bat
the truth declare that 1t 10 for the interest Of the
minor that the said property part thereof be