The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1880-02-19
Trying to AnnuI a Marriage.

Mr.. Edward P. Miller, member of
the Stock Exchange of this city, has
brought suit in the Chancery Court at
Louisville, Ky, to have the marriage of
Mrs. Kate c. Miller to his deceased
step-brother, George c. Miller, declared
null and void, and to recover that por-
ton of the dead mans estate now held
by the widow. Before her marriage
Mrs. Miller was Miss Kate Creel She
possessed great beauty and attractive
ness, and was one of the bellies Of Louis
vile. George C. Miller was a former
resident Of st. Louis, and member OF
the lottery firm of Murray, Miller q Co.
He had been but short time in Louis
vile when he met Miss Creel, and, like
all of her acquaintance, he became
deeply attached to her. He left the
Gait House, where be had been stop
ping, and took rooms at the Waverly,
where Miss Creel lived. Mr.. Miller
paid the young lady marked attention,
and, it is said, made her several offers of
marriage. He had, however, an unfor-
tunate habit of drinking to excess, and
on this account Miss Creel refused his
offers. Finally he gave evidence OF hav-
ing reformed, and in February last it
was announced that Miss Creel had
yielded to his suit The couple were
married on the ODD of the month by the
Rev. l.. P. Tschefiely, Rector Of Grace
Church. The marriage was happy one
for time, but Mr.. Miller's appetite for
liquor soon overcame his resolves, and
he again became drinking man. Four
months after the marriage Mr.. Miller
died. Edward P. Miller, his step
brother, went to Louisville, and he and
Mrs. Miller agreed upon an equal di-
vision of the large estate OF the de-
ceased. The agreement was ratified by
the court and the widow, as administra-
trix, distributed the estate in accordance
with the judgment of the court.
Mrs. Miller spent the Summer
at Long Branch, where she suf-
fered for two months from injuries
received in a runaway accident. At the
close of the season she returned to
Louisville and has since lived a quiet
life in the Gait House. About week
ago Edward P. Miller and his mother
went to Louisville. He sought counsel
and suddenly brought suit in the Chan
Gerry Court to recover the entire estate
of Geo. c. Miller, and for that purpose,
to have marriage of the deceased an
nulled. In his petition, Mr.. Miller
declares that the marriage of George G.
Miller and Kate c. Creel was fraud
and a mockery, because his step-brother
was, at the time of the ceremony and
had been for two years before, ga luna
tic, person of unsound mind, and
victim of the mental disease known as
dipsomania," in which condition he re-
manned until his death. He was, there
fore, the plaintiff alleges, unable to enter
into valid contract of marriage The
petition also sets forth that the defend
ant, as the pretended widow of Geo. c.
Miller, came into possession of large
amount of the latter's personal estate,
all of which she now wrongfully holds.
The right of the plaintiff to bring the
action is based on the fact that all claims
against the estate by the rightful heir
have been assigned to him. He there
fore prays that the marriage be an
nulled, Mrs. Miller's letters of admins
tration be revoked, and that he be ad-
Judged tie be entitled to the whole of
Geo C. Miller's estate.
Mrs. Miller's answer is a general de
nal. The marriage, she asserts, was
not fraud and mockery, and her hus-
band was not troubled with dipsomania
or any other mental disease to make
him incapable of contracting a valid
marriage. The proceedings of the Court
by which she was made administrators
of the estate, and the fact that it was
distributed in accordance with the courts
Judgment are cited, and Mrs. Miller
pleads these as bar to tho plaintiffs
cause. The trial of the case promises
to be of great interest," and will be
closely watched by the many friends of
both plaintiff and defendant in this city
and Louisville. -N y. Times.