Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-01-24
MYRA CLARK GAINES.

| M1kA CLARK GAINES.
Death Of the Famous Litlgant at New Or
leans-The Great Suit Which She
Prosecuted Forty Years.
Mrs. Myra Clark Gaines, the ia
NOUS litigant, died at New Orleans
January 9th, aged eighty years
The first suit brought by Mrs. Gainet
Mrs. Whitney, was against tht
trustees for some property left hel
by her father, Daniel Clark, under
his will of 1911, which had ther
been probated, but eventually thai
was abandoned, as she claimed tC
have discovered proof of Later
will, in which she was recognized
as his sole heir. This will was new.
er produced in court, but man
named Francois DuSnan De La
Croix, an intimate friend OF Clark,
testified that ii had been read 10
him by Clark himself a short time
previous to his death, and he was
told 1t would be found after his de-
mise in little black box in the
room he occupied. AS soon as Clark
died De L. Crsix looked in the box
for the will, but failed to find 1t.
This, however, was the basis OF the
claim which she has prosecuted fof
forty years against the city of New
Orleans and Others who1 had .pur-
chased the property of Ralph and
Chew, the administrators under the
will of 1911. 5 ai9 Us N Na
Mrs. Myra Clark Gaines was born
in New Orleans in 1905. Her father,
: Daniel Clark, born in Sligo, Ireland,
about 1855, emigrated to New Or
leans, where he Inherited his uncle's
property in 1893. He was United
States consul there before the ac-
QUESTION of Louisiana, and repre-
sented the Territory in Congress in
1806-8. He died in New Orleans,
August l6, 1918, and his estate was
disposed OF under the provisions of
a will, which gave the property to
bis 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 a bachelor, but was known
to have had q liasOn with young
French woman, during the absence
OF her reputed husband in Europe,
Two daughters were born OF this
connection, 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. Har-
per, 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
fer 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 follow
ing up the discovery, received fIOm
Davis an old letter which gave an
account OF will made by Daniel
Clark in 1881, just 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 col
lecting other evidence instituted
suit to recover the estate, which in
cluded some OF the most valuable
property in New Orleans. On the
trial of one of those causes, Mrs,
Harper testified that four weeks be-
fore his death, Clark showed her
the will he had just made in favor
of Myra, permitting her to read il
e. 70 and
knowledging the child's 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 re-
ceived 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. It was proved
by two sisters of Myra's mother
that Clark privately married her in
1903, a Catholic priest officiating,
she having previously learned that
/ Des Oranges, her supposed husband,
had prior wife living, and was
therefore not legally her husband.
4 Clark's contemplated acknowl.
edgment of the marriage was said
to have been frustrated by suspi-
cions of her fidelity, and deserted
by him she contracted third mar
lriage. In another suit, the
United States Supreme Court
decided that the fact of the mar
riage ana the legitimacy was estab-
ilished.
! Mrs. Whitney survived her hus.
band and married Gen. Gaines, and
survived him also. In 1856 she fl
ed suit in the United States Su.
preme court to recover valuable
real estate then i'm possession OF the
city OF New Orleans, and a decision
I 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 ,OOO, 600, of which Mrs. Gaines
had, up to 1874, obtained possession
of Sc, 900, 900, and numerous actions
for ejectment were still in progress