The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1880-12-31
4 Strange Incident sf the Gai,es Salt

A strange Incident Of tho Gaines Shit
Mr.. DURAU DE LA CRoIx, whose deatl
was announced in Saturdays papers
says the New Orleans Times, was . SOC
of the venerable citizen who figured
prominently in the early history Of Thu
State.
When Mrs. Gaines, more than twenty
years ago. obtained judgment in hel
favor, authorizing the probate of the
mysterious lost or destroyed win which
recognized her as the legitimate heir Of
Daniel Clarke, the chief witness BY
whom the existence of that will was
proved was the elder Mr.. Duran de Ia
Croix, who then had reached q very ad-
vanced age. He was blind and was led
into court by his son, whose decease ct
the age OF sixty-three has just been an
nounced.
The scene of the appearance of this
aged and blind gentleman, testifying Of
an interview between himself and his
old confidential friend, which had
occurred over forty years before, was
rendered the more impressive and sol.
emn by the circumstances of the inter-
view and by the fact that the witness
would suffer severely from the probate
of the will. He had after the death of
Daniel Clarke, made every effort to
have the will executed, but had failed to
discover it, or to obtain the authority of
the Court to probate it as lost or de-
stroyed will. This was the engagement
he had made to Clarke, who had
informed him in his last moments of the
existence of this will, and indicated q
certain trunk in which it would be found,
and requested him to act as executor
and as tutor of his daughter Myra. No
trace of this. will could ever be found
with all the efforts of Mr. De la Croix
to discover it. A former will, which
made different disposition of his prop
erty, was therefore admitted to probate
and was executed; the courts at that
time deciding that lost or destroyed
will could not be probated.
In the administration of Clarke's
under this will, Mr.. De Ia Croix
became 3 purchaser of large planta-
ion and slaves belonging to Clarke's
The title to this property
would be invalidated by the probate of
he lost or destroyed will. The testi-
mony of the venerable gentleman was
he principal, if not the only, living wit
ness of the existence of this will. De-
spite his extreme age and feebleness,
md the ruinous consequences to himself,
he chivalric old Frenchman did not
alter or shrink from deposing, as he
lad deposed forty years before, to the
IL ~, or 0f he L, - srA
Jew with his old friend, when, in full
Jew of death, Clarke impressed upon
lis faith and friendship the obligation
o protect the rights and interests of his,
recognized child. The theory
# the parties who resisted the probate
# this will was that Clarke. subsequently
o its execution, consulted an eminent
civilian of our bar, who advised against
he legality of its dispositions, and that
q consequence thereof it was destroyed.
But this and all the other theories of
he non-existence or destruction of this
will have been determined to be I'M
and Mrs. Gaines has been rec
gnized as the heir to Daniel Clarke
nder will proven by the gentleman
vho was perhaps the first and largest |
oser therefrom.
This incident, suggested by the recent |
cath of the younger Duran de Ia CroiX,
) only one of a hundred other like Incl
ents which, together, render the litiga-
ion prosecuted for nearly half century
y the marvellous little lady plaintiff one
+ the most thrilling, romantic and in
eresting which ever came before the
OurtS of Justice.