The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1871-12-16
4 Jidgniesi Resoiiag hs wa Of
DdHid CInt.

viii be found in our columns.
The rurport jf thc decision Is 10
anuul the will Of Danle Clark, made
m 1913, and admitted 10 probate in
January, 1853, in the iecond Dis
trict Court OF this city. This was
the will which recognized Myra
| Clark Games as his sole heir, hut
which will could never be found and
was alleged to have been destroyed
or made way with. Many efforts
hid becn made from 1919 to 1855
to discover the will. 1t was known
living persons that thcro had been
such Il will. 1t had been read to
them. Mr.. De Ia Croix had heard
it read, and received from Mr.. Clark
a solemn injunction, as Clark's
friend, % see that its provisions We're
carried out. The faithful friend
spared no efforts to execute this
trust, but no traces of the will could
ever be discovered Many years
afterwards, when Myra had grown
to " womanhosd, the search was re-
newed and her claims Were prosecu,
ted with Il vigor, earnestncss and
tenacity, unparalleled IN the history
of law suits. This perseverance was
at last rewarded by the success OF
the claim, in obtainingra Judgment
in the Second district Court order
ing form OF this lost win to be pro-
bated as the real testament Of Daniel
Clark. The Supreme Court OF
Louisiana. ordered this probate and
| Mrs. Gaines then went into the
United States Court and brought
snitsagainst parties, claiming under
will, which was set aside by that ot
1918. These suits were contested
with great vigor, and gave rise to
perhaps the most bitter divisions
and dissent which ever occurred on
that bench. One of the Judges, the
venerable Judge Greir, who gave a
| dissenting opinion in the case, used
such language as was perhaps never
heard from that bench, in character.
zing the claim of the petitioner
But majority of one, in a count o
nine Judges, recognized the validity
of the will aud gave judgment il
favor of Mrs. Gaines. The decree,
of this judgement were entered uT
in the Circuit Court ia this city
Judge Bradley sitting.
| We believe that these DEGREES re-
ferred to the proceedings which had
already been commenced in the State
Court TO revoke the will, as, in case
of ajudgment in favor Of the parties
attacking the will, forming a bar OF
a ground for injunction against the
execution of the same. Should
therefore, the decision of Judge Col.
lens be affirmed by tho Supreme
Court, there will be an end we pre-
sumo te the great Gaines case. 1t ID
proper to add in spirit of entire
impartiahty that Mrs. Gaines prop
osition was based on an assumption
due to her own intense and excited
feelings on the subject; that the viii
of 1918 had been destroyed by the
executors of the previous will under
which Mr.. Clarkes property WA
administered. No one, howeveI
familiar with the facts, and with TIN
character and lives Of the gentlemen
referred to, ever attached the slight
est credeuco to this Hypothesis
There were several grounds for TIN
! disbelief. They were known. to b.
a citizens of unimpeaehable integrity
! who lived to great age, respecte'
J by all, and they died in poverty
. Further, too, it 10 alleged with grea
r probability that at his death Nj
n Clark's property was hardly suf6cien
: to pay his debts, and that whateye
0 remained thereof wept to supper
!, an aged mother who, under our Law
was a forced heir. The mystery {
n the destroyed will, it is also col
r tended by the same parties. is sati
o factorily solved by the, evidence
It one of the most distinguished Law
: yers cfthis bar, Etienne Mazurea
Ic who testified that he had been co
d suited by Daniel Clark, relative
b, the validity of that will, and h
to given bis opinion. that It could n
O. be executed on account Of the lnc
ss pacity Of the person mention
therein, to inherit Clark's propert
us whilst there were other legal hei
en- living
ty We have thus stated tho ma