The sun., 1883-12-16
JuNIUs BnUrUs Boo1ns VII
His Dacghter Marion InsiitutinG n Suit TO
sct II Aside.


PHILADELPHIA, Dec. 15-The law firm OF
Bracken 4 Ackley of this city and New York
have begun proceedings in behalf OF Marion
Booth, daughter OF the late Junus Brutus
Booth to set aside the atters will. Mrs. Agnes
Booth. the decedent's widow. will be party de-
fendant. Junius Brutus Booth was first
married to n Miss lie Bar from whom he was
separated. His second wife was Harriet Mace.
the mother OF Marion. She died intestate In
California In 1850. Marion. under the laws OF
that State. became part owner with her father
of II valuable property on kearncy street.
San Francisco Mr.. Booth returned East,
and married tho widow OF Harry A.
Perry. well-known comedian. who
has since become widely known as
AgnSs Booth; She is now playing at ,,,hS The
marriage Mr.. Booth brought his daughter from
san Iraneisse and placed her Ut sSnooi In ass
square. this city His health aftcrward be-
came precarous and lie retired from the stage
and opened n hotel the Mnsconome House. in
Manchester by the. Sea. asummer resort. near
Boston.
In 1874 Booth called on his daughter at Notre
Dnmo and reprcscnted that he was IN pecu-
sshlecnth year. lie Hes said @ that she could assist
lim # she would sign,a PAPER conveying to him
The girl executed tho deed OF trust. her father
on Me rart It is said. agreeing /" proyttde t for
| Truncisco property was sold under the deed
Mr. Booth usSa tn. rr1cesis in IN enh,arGing MA ths
on ns Sa M'n She Gs 'ne make
%Teat success. and after a. Tow years
ns"r r% r'EnGS rsys ino in noY SorE lying shs %h G
not live with hor father for any considerable.
TIM after her mothers death. The cause Of
| their living apart il declared to have been the
GOODNESS rNSting between her and her step.
motnrr. Tho relations between herself i and
her father. il Is said. were always kind. The
REM ttances that she received from her father
came regularly and were small. Friends OF
tho girl took Stops to induce the fnther to pay
her II part OF tho money received from the
kearney street property. and he eventually
paid her sl5OUO. which. he said. was hnf whnt
Tho property was sod for, II WAS altcrward
| learned that he had received SjoOUO
Booth died in s'eptsmbar last. hetor. the mat
ter WIS finally settled. He left his estate to his
wife absolutely. He had two children by his
second marriage. but neither they nor Marion
of Massachusetts. and his rroreTty. was sub
child who is not spoken OF in
tho VII Of I'm It's tIihnr i
less IN intention on the part OF the parent TO
d.enherit the child eau DO shown. In the pres
ent case. IL il snii. such intention can be
proved, In addition to their e isehnital cal
the decedent as against his daHsn.
ter, petition setting out the facts
and avermsn,ts WIS icww days ago sent TO Bos.
| ton. where Booths will is on iile. 1t was
| submitted to Col Blackmar counsel for Mrs.
| Booth VINO suggested that there probably
WAS way to avoid an actual appeal To
| the courts. Unless the case is compromised in
| the mean time. suit will be entered in the Su-
perior Court in Boston next week. 1t is under
| stood that action will be begun to recover the
| balance in money claimed to be coming To
| Marion Booth on account Of her interest in the
San Francisco property