Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-05-10
Mlistellanepns &eaaina,
MRS. GAINES 35,OOO,OOO.
The History Of Lawsuit Involving Part Of
the City Of New Orleaus.

| Mrs. GAINES' $3o,OOO,OUOs
The History of Lawsuit Involving Part Of
the City Of New Orleaus.
We have already briefly announced thai
Judge Billings, of the United States District
Court for Louisiana, had rendered decision
in the case of Mrs. Myra Clark Gaines vs.. the
City of New Orleans and others, in which the
court sustains the claims of the plaintiff, and
recognizes the probate of the will of Daniel
Clark of 1918. The decree of the court COM
mands the defendants to account to q master
in chancery, for all the income from this prop.
erty during their long possession. They are
ousted from their titles and from all the
accumulation therefrom. This decision in.
wolves also heavy claims against the city,
which has sold large amount of the proper
ty in question, with full warranty of title.
This is phase of one of the longest and
most interesting lawsuits in the annals of
American jurisprudence. The history of the
case is briefly as follows:
Mrs. Gaines is the widow of Gen. Edmund
Pendleton Gaines, and was born in New Or.
leans in 1905. Her father, Daniel Clark, was
born in the County Sligo, Ireland, in 1865,
aud emigrated to New Orleans, inherited a
considerable property from his uncle in 1893.
Before the acquisition of Louisiana, he was
American consul there, and represented The
territory in Congress, in 1906. In August,
1918, Daniel Clark died, and his property was
disposed of under will dated may 20 1911,
which gave the bulk of his estate to his moth
er, Mary Clark, who was then living in Ger
mantown, Pennsylvania. He was also sup.
posed to be bachelor, but was known to have
had laison with very beautiful Creole, Zu-
lime des Oranges. Two daughters were born
of this connection, one at Philadelphia 10
April, 1902, and the other, Myra, at New Or
leans, in 1905. The latter was taken to the
house of Colonel Davis, a friend of Clark's,
nursed by Mrs. Harper, and grew up in
Philadelphia, where she was known as Myra
Davis. In 1880, Mr. Davis, being then a
member of the Pennsylvania Legislature,
sent home for certain papers, and in search
ing for these, Myra discovered some letters
which partially revealed the secret of her
birth, and laid the foundation of the lawsuit
which has since become famous.
In 1882, she married W. w. Whitney, OF
New York, who in following up the discove.
ry made by his wife, secured from Col. Davis
an old letter which gave an account of a will
made by Clark in 1878, just before bis DEATH
giving all his large estate to Myra, and &C
knowledging her as his Legitimate daughter
Mr.. and Mrs. Whitney went Immediately to
Cuba, and there, after long search, discov.
cred the writer of the letter, and with the aid
of evidence given by him, began suit in New
Orleans for the property Of Daniel Clark,
which had, in the meantime. become immense
ly valuable, and included great part of the
present business quarter Of the city. On the
trial of this suit, the Mrs. Harper above men,
toned testified that four weeks before his
death, Clark showed her the will he had made
in favor of Myra, and acknowledged the
child's legitimacy. ...~-.-.~-v~..-.--
Baron de Boistontaine testified that Clark
had made the same statements to him. On
this and other corroborative evidence the lost
will was received by the Supreme Court of
Louisiana, on February 18, 1856, as the last
will and testament of Daniel Clark, though
the document itself could not be found. The
objection was then interposed, that by the
laws of Louisiana a testator could not make
devises to his adulterine bastard. On this
point however, two sisters of Myra's mother
testified that Zulime des Oranges was private
ly married to Clark in their presence in Phil
adel phia in 1903, by Catholic priest, it hav-
ing been learned that Zulime's reputed hus-
band, Des Oranges, had another wife living,
and was, therefore, not legally married. In
another suit growing out of this difficulty the
United States Supreme Court decided that
the marriage and legitimacy of Myra were
established.
In the meantime, Mr.. Whitney died, and
his widow married Gen. Gaines, whom she
has also outlved. Assisted by the General,
Mrs Gaines continued her litigation, and in
1856, in the Supreme Court of the United
States, filed a bill in equity to recover valua-
bic real estate then in the possession Of the
city OF New Orleans and decision in her
favor was rendered in 1867. The value Of
the property claimed was estimated, in 1861,
at $55, 100000, of which Mrs. Gaines had, up
to 1874, obtained possession of some S6,OOO,-
900. Numerous actions of ejectment against
individual parties have followed, and it is no
doubt one of these that Judge Billings has
now decided in Mrs. Gaines favor.
The heroine of this romantic story is little
black-eyed lady of over seventy, who still re-
tains traces Of former uncommon beauty.
She is we'll educated, quick and courageous.
Her long and varied experience in the law
courts have given her legal education of no
notably in the Supreme Court of the United
States in 1861, she has pleaded her own cause
personally and with remarkable success.
Though at the time of General Gaines death
wealthy woman, she has often been in 6nan-
cial straits, for she has spent several large
fortunes in prosecuting her claims. The prop.
erty now known as the Houmas plantation
and belonging to Mr.. John Burnside, of New
Orleans, was at one time part of the Gaines
estate and was sold, with the slaves on it, to
General Wade Hampton, of South Carolina,
in 1912, for $500,000. When Mrs. Gaines
succeeds in getting possession of all the prep.
erty awarded her, she will be the wealthiest
person in New Orleans, and, perhaps, the
richest woman in the world. r..,l..
SOUTHERN ANTE BELLUM POLICIES.
life insurance companies which did large
business at the South before the war, find that
the recent decision of the United States Su-
preme Court on the forfeiture question is of
Immediate practical Importance to them as
we'll as of great significance to the business
generally. This decision, it will be remem-
bered, was to the effect that, where the pay
ment of premiums was rendered impossible,
by the breaking out of the rebellion, the as.
sured can recover from the company the
amount of reserve at the time when this first
payment became due and was not paid, to-
gether with interest. Demands upon compa-
nies for the payment of these reserves and in
terest have become alarmingly numerous in
the South since this decision. None of them