The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-09

FRIDAY, February S, $50.
When stopped yesterday had completely de-
Tended the credibiity Of Bellechasse from the at
lacks made by defendants, founded on the friendly
correspondence between that witness and Relf
That correspondence was anterior TO any conduct
of the executors affecting iunriously the rights Of
complainant. Here he read extracts from the tes-
tmony of Bellechasse, WHICH detailed the circum-
stances attending the death of Clark, and the dec
laratons of Pilot that the will of 1913 had been
DESTROYED by Refill Prevail in his deposition, says
he affixed the seals 10 Clark's par3rs. He looked
particularly for bis LIST will, and searched black
trunk where he was told it would he, but he could
not find it. After he had sealed the par rs, MF.
Ref handed lin sealed package, which he Cir.
II thought contained his will and requested him
give ii 10 The Court of PrObates. Now TWO things
are shown by this testimony: lst. That he looked
in the black trunk and that he made strict search
Immediately after the death of Clark for his Will OF
1913 81. After affXing the seals; and not during
the ITSELF Ref gave him The package, and with
out telling where he obtained 1t. Hr. Duncan
called the ausntion of Mr.. Grymes 10 the process
uerbal of Prevail, in which il is stated that Rsli
gave him the package which was taken from the
black trunk, and the date of The process perbcl was
four DAYS after Clark's death Mr. d. said of course
Pilot could not have known on ths day Of Clark's
death the loss of the will, for the search was moi
made until August 10Th, three days afterl The
deposition of PrsvalNlaken in lS49l says the seal,
were affixed the day of the death of Clark, a
the request of RelE Pilot and De Ia Crox wer,
the witnesses. So that Pilot must have known OF
that day the absence of the will of 1873 and tha
The only will found was that Of 1911. Mr.. G, sail
that Geographic wills usually marked on thi
envelope, and with the date.
It's not astonishing that De la Chase when h,
found Clark dead, should visit Pilot and from hin
should learn the loss Of the will of 1913 and hi
indignation at the conduct of Relf There is moth
ing in the record which affects the credibility O
Beechasse.' lie lsit New Orleans in 1914 ant
settled in Cuba Judge McCaleb said the date Q
the process rerbal of August 10th might have bee
| at the close, while it was commenced on a Previ
Gus day.l
The credibilily of Madame Caillavet is to be al
| tackled because she had sworn that Clark had fre
quenlly told her he married to Zuiime, and thi
attack is founded on her deposition taken on the in
ception of this suit in which she said that she
TO France Immediately after the date Of her sister
marriage, and therefore she could not have seeI
| Clark. Mr.; G. read her deposition and argued tha
did not state that she to France, but that bel
husband did so. This construction of the amblgll'
Gus words is borne out BY other dispositions, when
| show that she left in 1907.
have made out the birth, the parentage, the le'
gal status Of the plaintiff; the marriage oi her pa
rents and her birth during that marriage, and hel
| heirshp to four-fifths of her father's estate.
By law she was his only forced heir, and entitled
to the whole if he died intesae, and to four iiflh.
| if he made a will in favor of any one else.
| The next proposition OF defendants is, that they
! are purchasers in good faith. We will proceed tS
examine this plea according tothe practice Of Chan
/ Gerry Courts.
He referred to the pleadings and read the plea o.
bona fide purchase. There IS no statement in the