The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-11
MRS. MIRA CLARK GAINES.
Sketch Of the Career Of Americas Most
Famous and Persistent Litigant.

Mrs. Myra Clark Gaines, who died OF Ahurs-
day, was born in New Orleans in lSOo. ner
father. Daniel Clark, born in Sligo, Ireland;
about I766, emigrated to New Orleans, where he
inherited his uncle's property in 1893. He was
United States consu! there before the acquisition
of Louisiana, and represented the Territory in
Congress in 1S06-a. He died in New Orleans,
Aug. I6, 1913. and his estate was disposed of
under the provisions of a will. which gave the
property to his mother, Mary Clark, who had
followed him to America. and was living at Ger
m~antowE, Pa. His business partners, Ralf and
Clew. were the executors. Clark was reported a
bachelor, but was known to have had a liaison
with q young French woman, dur
ing the absence Of her reputed
husband in Europe. Two daughters
were born of this connection. onein 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 a Mrs. Harper,
and in 1872 went with Davis family to reside in
Philadelphia, where she passed by the name of
Myra Davis. In 1880 Davis. being then in the
Legislature, sent home for certain papers, and
Myra, in searching for them, discovered some
letters which partially revealed the
ces of her birth.
In 1882 she married W. W. Whitney. of New
LOThs WHOt III lOIlOWluG uU b"O ~
ceived from Davis an old letter which gave an
account of a will made by Daniel Clark in 1913,
rust before his death. giving all his estate to
Myra, and acknowledging her as his legitimate
daughter. Whitney and his wife went to
Matanzas, 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 these cases, Mrs. Harper
testified that four weeks before his death. Clark
showed her the will he had just made in favor of
Myra. permitting her to read it from beginning
to end. and acknowledging the childis legitimacy.
Baron Boisfontaine 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 received by the
Supreme Court of Louisiana as the last will of
Daniel Clark. By the law of Louisiana a testator
cannot make devises to his adulterine bastard.
1t was proved by two sisters of Myras mother
that Clark privately married her in 1903, a
catholic priest officiating. she having previously
learned that De Grange, her supposed husband.
had a prior wife living, and was, therefore,, not
legally her husband.
Clark's contemplated acknowledgment of the
marriage was said to have been frustrated by
suspicious of her fidelity, and deserted by him
she contracted a third marriage. In another
suit. another United States Supreme Court de-
cided that the fact of the marriage and the le-
gitimaey was established.
Mrs. Whitney survived her husband and
married General Gaines. and survived him also.
In 1856 she filed a suit in the United States Su-
preme Court to recover valuable real estate then
in possession of the city of New Orleans, and a
decision in her favor was rendered in the De-
cember term, 1867.
This substantially concluded one of the most
celebrated cases ever tried. The value of the
property claimed was estimated in 1861 at $685.
900, 900, of which Mrs. Gaines had, up to 1874,
obtained possession Of So, 900. 900, and numerous
actions for ejectment were still in progress.