Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-14
LOCAL AND PENINSULAR
FITAL AoCIpENr NEAR MIDDLE
TOWN.
An Interesting Case in the Regis-
ter's Court-A Shocking Murder of
20 Years Ago Recalled.

1
| ~
A case involving nice point of law,
one which, it is stated, has never reached
a final decision came up before Judge
Grubb in registers court on Friday and
Saturday. After hearing several wit
nesses the case was postponed until after
the adjournment of the county courts.
tits presentedinth the form of anapplication
for the revocation of letters Of admins
tration, involves the question of domicile
and brings the laws of Pennsylvania and
Delaware touching the point in conflict.
The case: On March Goth, at the re-
quest of three brothers of Kate Eliason,
deceased, Register Grubb granted letters
of administration upon decedent's estate,
which is valued at about $4,000, to
John I. Biggs, Esq. Miss Eliason re-
recently died at her mothers home
in Philadelphia, and under the laws
of the state letters to administer on the
estate were granted the mother. About
three weeks after letters were granted Mr..
Biggs in this State, the mother filed an
application to have the same revoked.
She claims that under the law
of Pennsylvania, she as the
mother is entitled to administer.
Under the Delaware laws the per-
son entitled TO administer to an estate is
one to whom the residue of the personal
property ofa decedent goes. The exact diff
ference in the laws is that in Delaware
in the absence of children of the intestate,
brothers and sisters are given precedence,
while in Pennsylvania the parents are
given precedence over brothers and Sis
ters. general rule of law, as described
by an attorney, is that personal property,
wherever situated, is distributed accord
ing to the law of the place of domicile
of the intestate. The question with
reference to domicile there enters into
the case. 1t is claimed by the mother,
Mrs. Eleanor w. Scowdrick, that Penn
sylvania was the domicile of Kate Eliason,
who, us stated, died at her (the mother'sj
home in Philadelphia, and therefore her
estate should be administered under the
statutes of Pennsylvania. The brothers.
represented by Administrator Biggs,
contend that the decedents resi-.
dence was in Delaware, conse-
quently they are entitled to the let
ters. To further complicate the question
OF domicile Miss Eliason was declared in
sane and not capable of caring for her
own property by an inquisition before
the court of chancery in 1880. As she
was born and raised in this State where
she resided until after reaching her
majority, the question will arise as to
whether or not, being insane, she was
capable of changing or selecting her own
domicile whether despite her removal to
another state to live with her mother, is
she not still resident of Delaware.
where her trustee resides. The case will
involve considerable argument and prom
ises to be protracted as we'll as interesting
especially to the legal fraternity.
The case, its principal contestant
Mrs. Eleanor w. Scowdrick, and the
recalls shocking tragedy which
occurred at Middletown 81 years ago. At
that time Mrs. Scowdrick was the wife of |
John A. Eliason, prosperous merchant
at Middletown. She was the daughter of |
DR.. Frazier of Cecil county, Md, a
attractive woman of great |
charms. Her marriage to Mr.. |
Eliason proved an unhappy one, though |
there had been no open rupture and |
they, continued to live together. Ebeneza |
w. Frazier a brother of Mrs Eliason.
was frequent visitor at the house, |
and in the disagreement be- |
'Woeh hhh anu WIG Ne BlueQ |
with the former, holding that his
structures concerning his sisters deport-
ment were justifiable. On December 9th, |
1864, Frazier visited the home of Ella |
son, and the two were engaging in dis |
oussion concerning Mrs. Eliason, when
5he former, who was intoxicated, drew a
revolver and shot his brother-in law
through the leg. Eliason ran out of the
house into an alley, pursued by his assail-
INT, who fired four more shots from his
pistol, one of which entered his back
md perforated the intestines, which
'esulted in Mr.. EliasOn's death about
week later. Frazier escaped from Middle
own and was arrested in this city. He
vas tried in the New Castle county court
md convicted of murder in the second
legree, Secretary of State Thomas f.
3ayard, then an active practitioner, de-
ending him. Upon the finding of the
'erdict, the court sentenced Frazier to
10 lashes, an hour in the pillory and life
After the prisoner was
he evinced n determination to
lie and tasted several days until he was
o weak that the corporal part of the
punishment was postponed. He, how
ver reconsidered his determination and
fter comparatively short imprisonment
made his escape from Jail and is still
fugitive from justice.
Kate Eliason referred to was the
laughter of Frazier's victim, and her es-
ate is the money and property inherited
rom her father. The mother, the chief
,arty 10 the contest, sometime after her
husband was killed married james Scow-
Trick, who was clerk in James A. Ella
on's store at the time the murder was