The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1881-01-08
4 Strange Incident OF the Gaines Suit.

MIR. DURAN DE LA CRoIx, whose death
was announced in Saturdays papers,
saws the New Orleans Times, was q son
of the venerable citizen who figured
prominently in the early history Of this
State.
When Mrs. Gaines, more than twenty
years ago, obtained a Judgment in her
favor, authorizing the probate of the
mysterious lost or destroyed will 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 la
Croix, who then had reached a very ad.
vanced age. He was blind and was led
into court by his son, whose decease at
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 a 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 a
, certain trunk in which it would be found,
and requested him to act as executor
. and as tutor of his daughter Myra. No
t trace of this will could ever be found
, with all the efforts of Mr.. DE Ia Croix
t 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
Q time deciding that lost or destroyed
4 will could not be pr0bated.
t In the administration of Clarke:
/. property under this will, MIR. De Ia Croi,
;. became purchaser of a large planta
s ton and Slaves belonging to Clarke
Q succession. The title to this propert..
It would be inva|idated by the probate o
It the lost or destroyed will. The testi
If mony of the venerable gentleman wa
d the principal, if not the only, living wit
d ness of the existence of this will. DE
spite his extreme age and fecbleness
j. and the ruinous consequences to himself
&c the chivalric old Frenchman did nc
g falter or shrink from deposing, as h
le had deposed forty years before, to tn
ic solemn circumstances of his last inter
view with his old friend, when, in fu
Is view of death, Clarke impressed upo
o. his faith and friendship the obligatio
Id to protect the rights and interests of hi
Clarke's, recognized child. The theor
IN of the parties who resisted the probat
as of this will was that Clarke, subsequent
l to its execution, consulted an emine'
r. civilian of our bar, who advised again
the legality Of its dispositions, and tn
or in consequence thereof it was destroyed
BY But this and all the other theories
ng the non-existence or destruction of tn
ne will have been determined to be u
We founded, and Mrs. Gaines has been re
tn ognized as the heir to Daniel Clarl
Ip: under a will proven by the gentlem'
nd who was perhaps the first and large
to loser therefrom. .... ....
- This incident, suggested blythe rece
death of the younger Durau lie Ia Croi
is only one of hundred other like in
Il dents which, together, render the litie
III ton prosecuted for nearly half ccntu
s"a bv the marvellous little lady plaintiff o
o o.., OF the most thrilling, romantic and
Nv Nv teresting which ever came before
aIf courts Of justice.