The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1880-03-16

The Queer story of q Litigation that
Has Cost $50. 600.

CAROLINE SCOTT,s D0WEH.
The Qneer story of n itigation that
Has Cost $4,000.
New York Timesl
The ejectment suit of Caroline Scott
against Mrs. Jane E johnson, which was
ended in the Kings County Circuit Court
yestshday, interested large number OF
persons who had purchased property
from James Scott, wealthy clothier,
who died in 1870 in Lexington avenue
in this city, leaving an estate worth
$40, 900. On Mr.. Scott's personal estate
over $50, 900 has been expended in the
litigation begun by Mrs. Caroline Scott,
who, after his death, claimed to be his
only lawful widow. She had receiver
appointed for the estate, and VIM. Scott,
her son, began contest of the will be-
fore Surrogate Hutchings, in this city.
The contest ended in favor OF Mrs. Jnlia
E. Scott, the testator's second wife, who,
under the will, received one-half the
estate, and his mother the other half.
Caroline Scott claimed. that she was
married in June, 1881, in Bleecker street,
New York, by the Rev. DR.. Mclean, to
Mr.. Scott, who was then a shoe dealer,
but no marriage certificate was put in
evidence, and the Surrogate decided that
there was no ceremonial marriage. The
executors showed that on the day after
the alleged marriage the same minister
performed a ceremony in Ohio, and as
much of the journey was then made by
stage, his presence in New York to marry
Caroline Bagley and James Scott at the
time named was impossible. Mrs.
Scott, however, maintained that
hers was q civil marriage at any
rate, and that the civil contract
thus formed was supported by long CO.
habitation, and the acts and declara-
tions of both parties. The Surrogate de-
cided that the mere fact that the man
and woman lived together did not war
rant the inference of marriage, and that
the law required public recognition, in
PRODUCTION, general reputation, and acts
and declaration Of both parties to es-
tablish a marriage. James Scott con-
tinued to live elsewhere as a single man,
and was not considered as married by
his friends. He did not recognize or
proclaim Caroline Scott as his wife, and
as in 1889 or 1910 they quarrsled about
another woman, he left her, although be
called afterward and gave money to her
children.
4 In 1850 Caroline Scott was married to
James Meade, a trapeze performer, and
4 she was for some time known as Mrs
Meade. In 1867 she caused his arrest
for abandonment. While she was Mead's
wife she received visits from Mr.. Scott,
who afterwards married Julia E. Scott
1t is claimed that Mrs. Scott knew o.
, this marriage. As it was ceremonial
marriage, the Surrogate held it to h
the only valid marriage into which
+ James Scott entered, and accordingly up
held the will.
/ James Scott owned much real estate
and before his death had sold much
5 Caroline Scott then begun suit to estab
lish her dover interest in the propert,
which he had sold. In the suit yester
day, which affected some property il
High street. sold by Mr.. Scott, Carolin
Scott testified that she married Mead
after Scott had deserted her and had TO
five years been absent in California. Tn
| defence showed that Mr.. Scott had neve
n been in California, but was il
: New York all Of the time. The sam
/. facts as came up before Surrogate Hutch
ings appeared again. Justice Cool
5 charged the jury that if there was con
!. tract of marriage between the parties
! which was ratified by their Capitalization
!. and by their acts, so as to lead the worl'
: to believe that they were husband an
g wife, the contract was binding, eve
though there had been no ceremony, an
Q that the survivor, if woman, had all c
a wife's dover right in the property he
? husband had owned. Her consent wa
necessary to complete a transfer Of re.
estate. The jury found for the plaintiff
The result it is claimed will enable Mr.
= Scott to recover one-third Of the purchas
). price of all property sold by James Scot
o and as property was at high prices whe
Mr.. Scott sold, and has since much d
|. creased in value, the amount elaine
t will be equal to half the present valt
' of the property. The second Mrs. SEQ
. ID dead. s