Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-14
MYRA CLARK GAINES.
Her Long Litigation VIII be Ended
To-Day.

To-Day.
WASHINGTON, May l3.-ln the Supreme
Court Of the United States on Monday next
will be handed down 4 decision in The FAM
ous case Of the City of New Orleans against
Myra Clark Ga;rcs. In closing his brief
a, counsel for the heirs of Mrs. Gaines,
Attorney Alfred Goldthwaite says:
"This is the last time her claim will
come before this court 1t ia the final act
of the drama in litigation which has been
carried on for more than fifty-three years. y
Daniel Clark, father of Myra Clark
Gaines, died in New Orleans August To-
1913. He was a man of large fortune,
active thrifty and accomplished. On
May 20, 1911, he made will in which
he devised TO his mother, Mary Clark,
then in Germantown, Pa, all OF
his estate. Under this will, which was
admitted to probate, Richard Relf and
Beverly Chew were appointed executors
Before this was done, however, the atten-
tiom Of the court was called to the tact that
another and later will had been made by
Daniel Clark in July, 1919 An unsuC-
cessiul effort was made to find this last
wilt Under the authority conferred by
the Probate Court, Ref and Chew, IA at-
torneys of Myrd Clark. sold TO Evariste
Blanc il O,tOber, 1921, n tract of land con
tanning about one hundred and fifteen
acres then located in the suburbs OF the
city OF New O.leaus, but to-day situated
in papulous district. The price paid WAS
I.75g
In September 1884, Blanc sold his entire
purchase 10 the city of New Orleans for
So, 900, payable in thirty years. In June
Of that year, however, the will of 1913
was found, and Myra Clark, then Mrs.
William Wallace Whitney, filed her pe;i-
tiOn in the Probate COnrt to prove il.
Notice Of this contes; was served upon the
city before itS purchase from EVarlste
Blanc. In 1857 the city OF New Orleans
sub-iividei the Blanc tract and sold II i'll
small lots, the total sum realized being
SGU9 100. In the meantime Mrs. Whit
ney, afterwards Mrs. Gaines, was occupied
in pressing her contest OF the first will OF
her father. Time after time she WAS
thrown ont Of court, usually upon re-
lection of the evidence offered TO prove her
mothers marriage.
For nearly twenty years she fought this
phase Of the case, battling for her mothers
honor. At last iii lSj5, the Supreme
Court of Louisiana issued Il decree ac-
l:nowledring Mrs. Glircs "a the rightiul
heir ol Daniel Clark. The lost will WAS
admitted to probate in February, l-j7,
and under il Mrs. Gaines began suit for
the recovery of the EyariSte Blanc estate.
Nn less than Isl suits were brought Then
the war broke ont, ard for several years
no progress was made Finally, IL lSi-, .
after "A struggle of more than forty years
and the expenditure of the fortunes OF her
two husbands. Mrs. Gaines secured the
right 70 the property left by her father.
Bat il was n barren right. The property
was dilapldatcd and in the possession OF
poor insnlcnt tenants, most al them
poverty stricken working people.
But the rich city of New Orleans was
behind them That corporation had sold
the BlsnC estate after notice had been
served upon it and it was in measure re-
soonsble. Mrs. Gaines began suit against
the city, and finally triumphed in the
United States Circuit Court OF Louisiana.
The judgments amounted TO nearly S.
OOO, OOU The city, however, took an ap-
peal to the Supreme Court of the United
States, before whom the case was argued
last October. Mrs. Gaines, worn out, i'm
poycrishcd, hui never despondent, died in
1885, on theannlycrsary Of the foundingoi
New Ohrans. coincidence to which no
little weigh, is attached among the old
rssidcnta. Her h"ir4, however, are still
found defending her verdict against the
city, mud the Supreme Court OF the United
States viii finally determine the case on
Mnnday, setting at rrst a litigation of
over half ccntury.