Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-12-19

From the Philadelphia Times
The law firm of Bracken & Ackley, of this
city and New York, have begun proceedings in
behalf Of Marion Booth, daughter of the late
Junius Brutus Booth, to set aside the latter's
Will. Mrs. Agnes Booth. the decedent's widow.
VIII be party defendant. Junus Brutus,
brother Of Edwin Booth was first married to
Miss DeBar from whom he was separated
Then be married Harriet Mace, who became the
mother OF Marion. The second wife died in
testate in California in 1859. Marion, under the
laws OF that state, became part owner with her
father OF valuable property on Kearney street.
Mr. Booth returned east and married the widow
OF Harry A. Perry. well-known comedian
Ihls lady has become widely known to the
theater-going public as Agnes Booth. She is
now playing at the Chestnut-street opera house
Alter his third marriage Mr. Booth brought his
daughter from San Francisco and placed her at
school at the Academy of NOtre Dame i'm West
Nttenhouse square. this city,
THE DAUGHTER To THE RESCUE.
HIS health afterwards became precarlous and
he retired from the stage and opened a hotel,
called the Masconomo House. at Manchester-bv
the-Sea, summer resort near Boston, In 1874
he called on his daughter at Notre Dame and
represented that he was in pecunlary distress.
Marion was then in her eighteenth wear. Her
lather SAID that she could assist him if she
would sign paper conveying to him her inter-
est IN the kearney street property. The girl
executed the deed of trust, her father on his
part 1t Is said, agreeing to provide for her
during the remainder Of her life The San
francisco property was sold under the deed
MI. Booth used the proceeds in enlargng the
Masconomo house. Marion left the convent
and went on the stage. She did not make a
great success, and after few seasons She re-
Urea. She IS now living with q near relative in
New YORK. she has not lived with her father
Tor any considerable period since her mothers
death. The cause OF their living apart is de-
clared to have been the GOODNESS existing be-
tween her and her step-mother. The relations
between herself and her father, it is said, were
always kind. The remittances that she re-
celyed from her father came irreguarly and
were small. Friends of the girl took stems to
Induce her father to pay her part of the money
received for the Kearney street property. He
esefntualiy paid her $4,000 which he said was
Hal what the property was sold for 1t was
afterwards learned that he had received $50. 900.
HOW THE LAW PROTECTS.
BOOTH died In September last, before the mat
ter was finally settled He left his estate TO his
VIE, absolutely. He had had two children bv
MS second marriage, but neither they nor Ma
ron were mentioned in the will. He died as a
cilZen OF Massachusetts, and his property was
subject to its laws. By an old law of that state
a child who is not spoken of in the will of
Its father is nevertheless entitled to a fn1l
snare IN It's fathers estate, unless an intention
on the part OF parent to dsinhert the
child can be shown. In the present case, it ia
SAID, no such intention can be proved In addi-
ton to this technical plea it will be ayerred that
undue Influence was brought to bear upon the
decedent as against his daughter The contest
VIII, IL Is SAID, preserve the rights of all the
A petition SpttiDr ha nj,
avefments was few days ago sent to Boston.
where Booths viii Is on file. 1t was submitted
10 colonel Blacknrar. counsel for Mrs. Booth.
Inc attorney asked and was given further time
TO consider the matter and suggested that nos
sioiy there was way to avoid an actual appeal
10 the courts. Unless the matter should be-
compromised in the meantime suit will be en-
tered in the Boston superior court this week.
1t Is understood that if suit be made neces-
sary action will also 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.