The Trinity times., 1855-04-21
The Celebrated Gaines Case.

A petition has been recently filed in the
Second District Court of New Orleans, in
the name of Myra Clark Gaines, widow OF
the late Geo. E. p. Gaines, in which the long
protracted litigation, growing out of the at
tempt of this lady to establish her status, has
been again revived in new form. The
Delta gives the following brief, but clear and
concise summary Of the facts;
The suit in the United States Court, which
was decided against Mrs. Gaines, was based
on her claim, rs forced heir at law, of Da-
MEL Clark, her father. The judgment of the
court was averse to Mrs Gaines pretensons.
We need not investigate the grounds Of that
Judgment. as they have already produced
such infinite discussions; suffice it TO say, that
this decision was dissented from by at least
one of the Judges of the Supreme Court,
and had only the sanction of bare majority
Of the court. This decision was said to have
rested mainly ON an eccIesiasticaI record OF
great antiquity, which the defendants had
discovered by much research, in the old
church of st. Louis, in this city, and the eff
feet Of which was to disprove the alleged big
amy of DeGrange, the first husband of Mrs.
Gaines mother. Defeated thus in her claim
as heir at law, Mrs. Gaines, under the high
est legal Union in the country, proceeding
from such ursts as Wood and Kent, of New
York, Soule, of Louisiana, and John A.
Campbell, of Alabama, (nOw on the Supreme
bench Of the United States has been induced
to fall back to her original and strongest po-
sition, rs egatee under the will of 1873
which will, it is charged, has been lost, mis-
laid or destroyed This, we say, was the
original position assumed by her, in her
claim to the property Of Daniel Clark, but
owing to circumstances which have no bear
inr on the merits Of her pretensions, pro-
ceednc commenced by her TO have the los;
or DESTROYED will probatcd, was discontinued,
and non-suit suffered, which gave her the
rr~u to revive the proceeding when she
sh id think proper. She has accordingly
rev ,ed the process to have the will probated
under more encouraging circumstances.
Daniel Clark died in 1913, in this city, ana
it is alleged by Mrs. Gaines that. shortly be-
fore bis death, he made will, recognizing
her as his legitlma child, and bequeathing
her the bulk Of his estate Several witnesses
of highly respectable character have been
produced, to show that this will existed, that
Clark read it repeatedly to them, and that he
evinced great sollcitude on account of its
execution and the proper care Of his child
1t is alleged that this will was 'lost, destroyed
or mislaid,' that Clark believed it to be in ex-
istence in his last moments, but not being
found after his death, his property was nd.
minstered under will Of 1911, which be-
rueathed all his estate 10 his mother. The
present defendants hold from sales made un-
der this will of 1871. These sales, it has
been decided by the Supreme Court, were in
valid. for the want Of certain legal requisites.
The property becomes, therefore, liable to
be claimed by the heirs Of Daniel Clark.
Mrs. Clark's heirs, among wnom is Bishop
Kenrick, of Baltimore, are prosecuting their
claim 10 this property under the will OF 81 ,
and Mrs. Gaines has now filed her petition,
to be recognised as legatee under the will OF
1873. The litigation promises to be IA severe
and hardly contested one. The defendants
are numerous, have large resources, and have
so long held possession Of the property, that
it will require gigantic power in the law, aa
well ms in the plaintiffs, TO oust them On the
other hand, the plaintiffs claims have been
espoused by parties Of considerable means and
experience and, lastly, the ndonitabe en-
ergy, incxhaustble hopefulncss, aud heroic
fchOlullon Oh hIh Ndiu'Hi WI Nl'Nlt ''.S S"Hi'
vivid interest aud kindly sympathy which
have been 50 warmly felt and expressed in
her behalf by 50 many Of the best Of our peo-
pie For quarter Of century she has stca-
dy pursued the single object Of determining
her status, and vndicating her legitimacy,
sacrificing therefor large means, as well as
the best portion Of her life and energies
Such constancy, fidelity, and enthusiasm in
dcate an earnest, honest, dcep-seated con
yicton, which must have some real bias, and
which certainly deserves success.