Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-01-30
MyRA CLARK GAINES.
Death Of the Famous Litigant at
New Orleans The Great Suit
Which She Prosecuted For
ty Years

| Mrs. Myra Clark Gaines, the
famous litigaut, died at New Orleans,
January 9th, aged eighty years. The
first suit brought by Mrs, Gaines
| (Mrs. Whitney, was against the trus-
tees for some property left by her
father Daniel Clark, under his will
of 1911, which had then been proba-
ted, but eventually that was aban-
doned, as she claimed TO have dis
covered proof of later will, in which
she was recognized as his sole heir.
This will was never produced in
court, but a man named Francois
Dusnan DE La Croix, an intimate
friend of Clark, testified that II had
been read to him by Clark himself a
short time previous to his death, and
he was told it would be found after
his demise in q little black box In the
room he occupied. As soon as Clark
died De La Croix looked in the box
for the will, but failed TO find it.
This however, was the basis of the
claim which she has prosecuted for
forty years against the city of New
Orleans and others who had purchas-
ed the property of Ralf and Chew,
the administrators under the will Of
1911.
Mrs. Myra Clark Gaines was born
In New Orleans in 1905. Her father,
Daniel Clark, born in Sligo, I reland,
about l755, ,emigrated TO New Orleans,
where he inherited his uncle's prop
erty In 1893. lie was United States
consul there before the acquisition Of
Louisiana, and represented the Terri
tory in Congress in 1868. lie died
in New Orleans, August 10, 1913, and
his estate was disposed of under the
provisions Of will, which gave the
property to his mother, Mary Clark.
who had followed him TO America,
and was living at Germantown, Pa.
his business partners, Ralf and Clew,
were the executors. Clark was re-
ported bachelor, but was known to
have had liaison with q young
French woman, during the absence
of her reputed husband in Europe.
Two daughters were born of this con-
nection, one in Philadelphia In April.
1902, the other, Myra, In New Orleans.
The latter was taken to the house of
Col. Davis, a friend of Clark's, nursed
by Mrs. Harper, and in 1872 went
with Davis family to reside in Phila-
delphia, where she passed by the
name of Myra Davis, In 1880 Davis,
being then in tho Legislature, sent
home for certain papers, and Myra in
searching for them discovered some
letters which partially revealed the
circumstances of her birth.
In 1882 she married w. w. Whit
ney, of New York, who, in following
up the discovery, received from Davis
an old letter which gave an account
of a will made by Daniel Clark In 1873,
just before his death, ,ggiving all his
estate to Myra, and acknowledging
her as his Legitimate daughter.
whitney aud his. wife went TO Matan-
zas, Cuba, saw the writer of the letter,
and after collecting other evidence
Instituted suit to recover the estate,
which included some of the most
valuable property in New Orleans.
On the trial Of one Of those causes,
Mrs. Harper testified that tour weeks
before his death, Clark showed her
the will he had just made in favor OF
Myra, permitting her to read 1t from
beginning to end, aud acknowledging
| shA .htlIta laatttn.ang
Baron Boisicntaine testified that
Clark told him the contents Of the
will and acknowledged the child.
On this and other similar evidence
the lost or destroyed will was receiv-
ed.by the Supreme Court of Louis
ana as the last will of Daniel Clark.
BY the law of Louisiana testator
cannot make dcvises tv his adultorino
bastard. twasproved by two sisters
of Myra's mother that Clark privately
married her in 1903, Catholic priest
officiating, she having previously
learned that Des Oranges, her sup
posed husband, had a prior wife liv-
ing, and was therefore not legally her
husband.
Clark's contemplated acknowledge
ment of the marriage was said TO
have been frustrated by suspicious of
her fidelity, and deserted by him
she contracted third marriage. In
another suit another United States
Supreme Court decided that the fact
of the marriage and the legitimacy
was established.
Mrs. Whitney survived her hus-
band and married Gen. Gaines, and
survived him also. In 1856 she filled
a suit in the United States Supreme
Court to recover valuable real estate
then in possession of the city af New
Orleans, and decision in her favor
was rendered in the December term,
1867.
This substantially concluded one OF
the most celebrated cases ever tried,
The value of the property claimed
was estimated in 1861 at $35,000,00O,
of which Mrs. Gaines had, up to 1874
obtained possession of $6,0O0,0C0, and
numerous actions for ejectment were
still in progress.