The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-07

CttSW f.c1c otsuefs with CIdrE IN the Wnna
held ~ ms name. The complainant represents
Daniel Clark; and though lhis act was not re-
corded, yet it binds Daniel Clark and FIis heirs
That act transfers to Relf and Chew two-thirds Of
all mis- land The consideration was the amount
which Clark owed them, as appeared bV their set-
Element, made in Philadelphia in 1911.
This is an application to a Court Of Equity. The
facts show that immense was the estate il was
swallowed up in the vortex of debt, which the tar
rible crisis of thas period helped to strengthen
Let us look at tue condition Of Clark He il suo-
ken of as CTesus-so rich that he makes provi-
sion for complainant alleged to be princely.
IL 1872, when we are TO believe he was worth
millions, and to have Withdrawn from eommeFee, ,hs
was on the verge of bankruptcy he was alarmed
for his fortune he was then taking all the chances
81 extensive commercial operations. His letters
show that he was in fact interested IN ali the opera
ions Of Cox and Kelf and Chew. It il at this
nme We fnd the pregnant sentence: And if find il
necessary, IN order 70 extend your credit, will
avow my connezion with yon.'' AT a period 50
remote from the scene of action the Court musf
rely on 1te acts Of the parties at the time For years
ne had been an embarrassed man, and saved from
ruin only by the aid Of Relf and Chew In 1910.
Clark prepared statement Of his affairs, which
represents him as a man Of prineely fortune. But
the facts prove this statement 70 be falaehood.
he left Louisiana in 1911. Before bis departure
he had sold his plantations he made bis will IN
favor OF his mother, and the trusts in favor Of che
child This trnst il spoken Of in the most extFavs~
gaHt terms /; but a close examination will diminish
this inflated gift to very trang sam say $40, 600.
Mr.. Taylor went into a minute investigation Of
the debts and settlements Of Clark. and anaiVzed
the value Of bis assets and property The debts
due TO him were noEninally 100000 scattered
through the Southwest, the most disastrous Pc
riod in our commercial history, On The sve Of tie
war with Great Britain. His correspondence shows
bis distressed and miserable condition for years.
In his letter Of June 20, 1872 he speaks Of the mis-
cry he had sUhered-of what might take place in
the event of his death. He says il is his desire to
secure a provision for his mother and her family.
for it wFings his heart to think that he NAV leave
them destitute in foreign land He expresses an
intention to entrust Relf and Chew with his aIain
after his death. He ofsTs to transfer everything to
Cox on the payment to him Of Sz5, ,OO0f Here i
rapid diminution Of his foftunethe giant becouaes
pigmy. He speaks OF his mother and family, but
not word Of his wife and daughter
The evidence shows that Clark, Cor, ReIf and
Chew were engaged IN common enterprises, and
shared the gains and losses Clark figured on an
extensive theatre. He enjoyed the Sckst Of high
political and social position, while his partners
submitting to all the trials of mercantile life.
In the hour of darkness and adversty, he died.
His partners, worthy Of better fate breasted the
storm, and while many regal fortune in that storm
went down, these gentlemen, owing to the conf !.
denee placed in them for their industry and virtue,
were enabled to obtain time they devoted the best
years of their life to the payment Of debts created
by the wild and reckless spirit Of their partner.
Cox had been denounced in the Court as one Of
the consprators to plunder this estate yet this was
done in the presence Of the fact that Cox had with
| drawn from the partnership in 1911, and allowed
his claim 10 slumber for years before he called for
his heavy debt, and instead Of exacting gold and
/ silver, he took back property which he had sold
them for $4,000, and gave credit for 500 900 !
No language is strong enough to express the indig-
| nation which such conduct excites Clark died
hopelessly insolyent his spirit broken BY the load
| of his debt-and should this child be allowed
to strip the owners Of this property, held by the
| title derived from the mother Of that man whom
she claims as her father. hef and Chew had been
ruthlessly assailed, and they now to give up
the fruits of long life OF industry and painful
economy. Shall they be robbed to enrich a child,
whose existence had been concealed even from his
| mother. TO whom he had not conferred his name.
He had already contided the care and charity oi
that mother child the fruit Of lawless passion.
and she had given to that child mothers love.
Yet he concealed from this mother the existence sf
a legitimate child That child whom he would
not introduce to the hearth the heart Of that IN
dulgent mother, is now to come into possession Of
princely fortune, wrung from the honest industry
OF those who sacrificed their best years to redeem
the commercial honor of her father, and Of those
who trusted to the honesty of his mother.
There was one principle more That the heir
can only recover on payment OF the debts due BY
the ancestor. She must take the estate with its in.
cumbrances it stood at the death OF the ancestor
| There is point which did not seem to have been
4
by forced heir in reduction Of legacy must take
the estate after full settlement L. c., 1892.
Clark died in 1913. This suit is brought in
1886. AT his death this city was petty village
property of but little value has enhanced thou
sand fold. Nowhere have such magic changes
taken place in this country and within this De.
| riod. How is a settlement to be effected3 Shall
the Court take this property with its present i'm.
mense value shall it be taken as it stood at the
time Of his death. It's written in holy writ, " The
fathers have eaten sour grapes, and the childrens
this case She is the representative of her lathel
| and mother, and must take the consequences oI
their errors. Her position is most unfortunate, and
may well excite the sympathy Of all. But she is
here, not as the suffering, but the greedy child
who, avarcious of gain, seeks it at the expense ol
her parents reputation. Standing here in that un-
natural position, she places herself beyond the pale
of sympathy, and is subject 10 all the rules Of law
without the slightest claim for their ameioration