New-York tribune., 1868-05-16
THE COURTS.
THE OPINION IN THE GAINES WILL CASE.

THE OPINION IN THE GAINES WILL CASE.
MyIa Clark Gaines, appellant from the Cir
cult Court for the Eastern District Of Louisiana TO the
United States Supreme Court. In lsO2 1903 Daniel
Clarh an opuent planter OF louisiana married secretly
at PHILADELPHIA. Marie Zume Carrtere with whom ne
had been for some time previously cOhabitng BY the
s.Id MaTie ZuIme Mr C. had two children. Caroline
ANA Myra the former born before and the latter after
ged until 1873 when finding himself at the point
Of DEATH he made WILL in which he recognized Myra as
his cgfinatr child and bequeathed her all the real
and personal property OF which he might be possessed at
the time OF his demise, except legacy OF 5000 10 her
legitimate sister certain other egacics therein speci
fled Clark wrote tins will with his own hand lodged 1t.
he supposed IN safe place. to be eonhded TO one OF
his executors explained its contents, and expressed
ms socude about it several friends and died III the
belief that he had secured his estate 10 MS chld Yet
after his death said will could not be found and from
the evidence In the case there he doubt that
must have been destroyed, while another MIL made two
years earlier with view 20 an entirely dlneTent DISPOSE
ZION Of his property was allowed 70 & go 70 pSne % M
instered for period OF 70 years without any account
OF administration being rendered TO the proper court,
Myra the true heiress remaining meantime ignorant OF
her claim and living the bounty of her fathers friends
mp the date OF her IL was not Indeed until
1884 that she became fully aware of the wrong taat had
been done her, and instituted proceedings TO obtain pos
session OF her rghtfu inheritance 80 dhcult however,
grope her way darkness did she succeed until 1855
In establishing the validity OF her fathers second WILL
been perpetrated against her The Judgment Of the
preme Of Louisiana settled then her civil status and
tered IN the pursuit OF her rights But the victory
very far from being yet Her fathers executors had
uray labored To throw all possible obstacles In her way
They questioned the validity OF the VIII OF 1913 denied
marriage of her parents sconed at her plea OF lcgn
macy and made out case apparently so strong that
even the Circuit Court deceived by it's pHusiby,
and gave Judgment their favor The result OF her APP
peal TO the United States Supreme Court has, however,
amply recompensed her for all her disappontmens and
troubles After hearing the arguments OF defendants
counsel Mr.. Justice Davis on the part OF the Court
set forth the grounds Of the decision which he
was to deliver He considered the evidence over
whelmugly in favor OF appellants legitimacy The au
thencity OF the will OF 1913 conclusiyeiy established
Nyra Clark Ganess title 10 succeed TO the ALL the real
and personal of the late Daniel Clark his only
legitimate child and sole heress to be matter placed
beyond question and wound up by pronOuncing the de-
the lower Court reversed and by ordering Judg
ment TO be entered therein for the compainantwhlch
decision dposes not merely Of the present case but OF
all other cOncoced for the purpose OF obstrucng
the prosecution OF appellants suit for tho yndicaton OF
her rights.