St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-01-15
LONG CONTESTED wILL SUIT.

Mrs. Myra Clark Gaines, who died at New
Orleans on the 9th inst, was contestant in
the courts for her claimed rights under the
will of her father, Daniel Clark. She was so
years old at the time of her death. Her first
husband, Mr.. Whitney, died many years
ago She commenced her suit as Mrs.
Whitney. After his death she married Gen.
Gaines, of the United States Army, aud con-
tinued TO prosecute her suit as Mrs. Gaines,
with varied successes and defeats, but with a
persistence that knew no encouragement,
she kept on, and finally obtained verdict in
the United States Supreme Court awarding
her property in the City of New Orleans
valued at from $50, 600, 900 to 500, 900, 600.
The verdict was against the City Of New
Orleans, that had appropriated and disposed
of the property and others. The city author
tiles resisted the collection of the amount
awarded by the court, and the officers of the
city declared, IL pushed 10 cxtremities, they
would 60 to jail rather than comply with the
award of the court. Toe court seemed pow
erless 10 enforce its own decree, aud SO far
as Is known never attempted It., and while
the matter remained in this condition, the
contestant, Mrs. Gaines, died. By this YER
diet of the Supreme Court, Mrs. Gaines
would nave been the richest lady in America
and the wealth Of but few ladies in the world
II any, would have succeeded hers, could she
have realized the value of the verdict.
The following statement is now made as
to the basis Of this long contested will suit,
which is very singular, II true, In regard to a
second will, which was never produced In
court. 1t appears that the first suit
brought ny Mrs. Gaines Chen Mrs. Whitney,
was against the trustees for some property
lett her by her father Daniel Clark, under
his will Of 1911, which had then been proba-
ted; but eventually that was abandoned as
she claimed to have proof of later will, in
which she was recognized as his sole heir.
This VIII was never produced In court. but 4
man named Francois Dusuau De Ia Croix,
an intimate friend of Clark, testified that II
bad been read to him by Clark himself short
time previous t. his death. lie was tod that
it would be found after his demise in a little
black box in the room he occupied. As soon
as Mr. Clark died De Ia Cruix looked in the
box tor the will, but failed to End It. This.
however, was the basis os the claim which
she has prosecuted for forty years against
the city New Orleans, and others who bad
purchased properly Of BelI y Chew, the adj
miuistrators under the will OF 1911.
The uniform practice, and the necessary
Prerequisite 10 the admission Of a viii 10 mn
bate. is the making Of absolute profert OF the
will itself in court, and Is proof By the at
testing Witnesses How 80 important and
long contested suit could be prosecuted on
the mere ~ dlrif OF a single person. without
the production OF any document az all is one
Of The wonders Of TIE uncertainty Of the
law" The staten ent discrcdiis Itself. a. to
the basis Of the suit. Be thai 50 Il nav. the
suil had basis. and was prosecuted by an
energy. vigor, a heroic persistence, almost
without parallel in legal contests II the
uneomple;ed execution Of he verdict Of the
supreme court does not lapse by the
death OF Mrs. Gaines, her rspressu-
tatives will probably be beaten
on execution, by the city Of New Orleans,
aud other parties involved in the Judgement
An heir, or heirs Of Mrs. GSiass are under
stood % be already moving to secure the
beue6t % the verdict Ia her favor. The cts
Of New Orleans, aad the other parties in in
terest. proposed vari0Ds coz pronises 10 Mrs
Gaines, but she rrsolglely rejected them all
The heirs without dOGbs viii accept these pro
passed. compromises. aud vii be enriched
thereby, and thus the greatest and IoGgest
ain coates; known 10 legal proceedings in