The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-22

ter the applicant, and maze suitable pro-
Pilot. Bellecnasse aud Do In Croix. ami that De la
Crox uppoin'rd tutor OF his daughter Myra that
very short previous CIarks DEATH IL NOT after
that event. and that Clark himself died believing s
was In existence
uSAxswERABLE LOGIC.
think II human testimony can establish the
tion OF this will Is oun ia this record, and that
Geographic WILL such rs is claimed 10 have existed by
Mrs. Games, was made written, signed and dated by
her father, Daniel Clark This brings me to
the last question OF TACT with reference 10
The will The VIII not being iouna after his
DEATH Is the presumption Of law overcome By
up 20 alter death i not
TO TO be necessary 10 conclude that Rolf destroyed
y. Clark may have deposited i WIN some person
10 the continuance Of IT'S existence up 10 the OF
his DEATH the mind Of any one familiar
established by rreiragable testimony that he had made
the will Of lsl3 would be reluctant 70 believe that
M only daughter, who from Inc reason probably that
the Acknowledgment Of the marriage with Ter mother
would have in.erIered win his personal ambition.
ment from the public; had IN tact, lived twofold
lie one par. o. which was necessarily Inconsistent
this daughter all the affection which
father was capable Of feeling. say tho
mind OF any one would reluctantly receive the conyic-
ton that he had. without any change IN his crcum-
stances and any reason assigned or assgnabe
upon ais deahbcd have changed his plan and cil his
daurhler penniess excepting the provision which he
had made Tor her through Bellcchassc. do not say
that the presumption arising from these central facts
In Clarks life would IN law be sufficient to show that
The win OF 1918 survived him, but do say they pro-
pare tho mind to find In tho record the testimony which
Will establish that iaci.
RESTITUTION ESTATE TO BE MApE.
therefore find us iact, that an Geographic will of
Daniel Clark, in which Mrs. Games was recognized as
his legitimate child and with the exception OF the
legacy 10 his mother ana some other small cgacses
was made his univers,l legates' was written signed
requisite and loyal ormaties OF last Will and tesla
ment according to the laws OF Louisiana Let the de-
cree therefore, DO that the prayer oil the petitioners
OF Fuentes ct ais &c, against Mrs Myra Clark
Gaines DO rejected
now come TO a decision upon what may be termed
tho direct actions VIZ The suits In which Mrs.
Gaines seeks to charge these numerous defendants
trustees ana torccover from them certain roa estate
alleging That she was tho legitimate child OF Daniel
Clark, and unucr his last Will and testament his uni
vcrsa cgatee have found as TACT, upon tcsh con-
sdernon OF all tho evidence, that her allegations
10 the Will and her heirship are established. This
finding carries with It all the consequences which
necessary to establish her tito to tho property and
leaves nothing remaining to be considered but the
plea OF prescription
RAD TITLE.
The plea OF the respondents is TO tho effect at they
derived their tile and have possessed the property in
good faith and that this possession has continued Tor
sought dssever their title from It's origin and have
sought 10 stand before the Court SIMPLY posscssors
with what they say seemed u good title, and there
tore they posscssors good faith. II is claimed
by the solicitors OF tho complainant and by his analysis
al the chains OF title under winch the several defend
hold is shown that the title Of each aud every
OF them comes back or traces itself back To The
estate OF Daniel Clark, through Re and Chew, as tho
executors OF the first WILL AMI the attorneys in fact
OF Mary Clark, lcgatec, under tho rst Will Indeed In
tho supplemental petition OF Fuentes OF ais, which
has been adopted by all these defendants un
dor tho agreement on file. thcy aege '.that the SAID
X. Rclf and Is. Chew the testanenary executors
Of said d. Clark under tho VIII OF 1871 and were also
the agents and attorneys, in fact, OF Mary Clark,
mother and sole tesamcntary and legal heir OF SAID
d. Clark, and as such the parties through whom
these petitioners derived title to the property now
CLAIMED by the SAID defendant"
1t Is not necessary Tor mo to comment upon tho
eIoct OF this Judicial admission further than 10 say
that II Is distinct avowaI that they claim Rolf
and Chew tho AMI attorneys In Tact under
the first will ana this leaves them In the situation OF
having denied what they were legally bound TO know,
and what they admit III the Fuentes case they
did know. These cases are unds.ingushable In
vs.. Hcnnen. IL is both proved and avowed In thus
CASE which was admitted there, w.: that tho title
derived from Relt and Chew by the sales under
the first will Such title the Supreme Court OF the
United States In the case Of Gaines Hennen, "a
Howard decided was an Illegal and vicious title. and
that the vice of the title took from the vendees all
prctence OF purchasers possessors In good fifth.
THE PLAINTIFF WINS.
In that case tho supreme Court took pains to put
into their decree, recitng tho conveyance IRON
Rcf and Chew through these intermediate grantees
and the couyeyauce 10 Hcnnen that the dc icndant
Hennen at tho tine when he purchased the property
described and claimed by him aforesaid, Was bound
to take notice o, tho circumstances which rendered
the acts and doings OF the said Rolf and Chow IN tho
premises Illegal, null and void; that the SAID Hennen
ought TO be deemed and held, and is hereby deemed
anu ueu, 10 nave property IN QucStlou
with full notice, &c This view Is adhered 10 ia
Gaines New Orleans, WALL p. -, PIP. 716, III,
where the Court declare that thc question Is no longer
open The evidence here on both SIDES
To the minority and the Interruptions OF
prescription is precisely what II was ia
the last referred to- Indeed, II Is all
taken from the record in that case, and think the
Supreme Court OF the United States have settled IN
the most solemn and authoritative manner that this
plea cannot be urged by these Defendants Let there
be judgment, therefore, for the complainant"
1t only remains Tor Mrs. Gaines to recover hor
I'm, nj VA ac
prove be Of tho finest estates In the country.
Bat the precedent VIII open the way for thousands oil
SuitS OF q similar churaclcr.