The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-24

his will stands or falls, to good slice in
his estate. If her baby, who was baptized
Helen Stack, was Mr.. Stacks legitimate
daughter, Mrs. Pike will enjoy the entire
property.
II is an open question whether the mar
riage ceremony between Mr. Stack and
the present Mrs. Pike, which was per.
formed in Philadelphia on December 10,
1888, made the woman, who was then
known as Ella Johnson, his wife and legit-
imatized the baby, then nearly nine
months old.
MIR. Thomas Stack, the father OF Daniel,
claims the property, and insists that the
woman was never his daughter-in'law. II
the baby, Helen, was really her child
and old Mr. Stack does not seem TO be
very sure OF that positively asserts
that his son was never It's father, legitimate
or illegitimatc.
On these allegations Mr.. Stack has be-
gun suit in the court OF common pleas
against benjamin f. Fairchild, ~ trustee
under the will OF Daniel Kelly, and Mrs.
Pike. His attorney, Frederick llcmming,
has Just served the summons aud COM
plant in the action, and has retained rs
counsel Waldorf II. Phillips, an able law.
yer, whose knowledge OF the complicated
marriage laws in the different States will
be OF great value when the case comes 10
trial.
The story told in the complaint Is very
curious. Daniel Kelly, whose daughter
WIS the wife OF Thomas Stack, died Ia
1861 leaving his property TO his executor,
Daniel OConnor, in trust for his grand
children, Daniel J. and Helena Stack, with
tho provision that ON the death OF either
one Of them, without issue, the entire in-
come should 20 10 the survivor and that II
both died, leaving no dcsc 'ndants, tho
money should 90 TO their next kin. The
last accounting made by Mr.. O'Connor,
who died in February, 1881, showed that
the estate was worth So, si2, and yielded
an annual income of 1000, and since then
the value has largely increased. Mr..
fairchild was appointed trustee after Mr..
OConnor's death, aud ms Miss stack died
Mt about that time he paid the whole in
come to her brother, who survived her un-
Ill April -, 1885. Mr.. Stack, NJ, claims
TO be the sole heir TO his sons property,
including his interest in the Kelly ostat.
Daniel stack WIS married TO Mis-, Eva
l.. NiachwiiE on May Z, 1873, and lived
with her for about three years, when she
left him. Some time after she obtained
divorce on account Of his liaison with
Mis- johnson. There were no children
by this marriage, and old Mr., Stack posi-
lively asserts that Il was impossible Tor his
son TO become father. The decree Of
the divorce prohibited Stack from rcmar-
rying during the lifetime OF Mrs stack.
Stack lived openly with Miss johnson
nj No. 40 Lexington avenue. She was,
according 10 the sworn complaint. notori.
ously prodigal with her favors From the
life she had led for many yolrs and all the
other surrounding circumstances, old Mr..
Stack does not believe she could become
mother. On May 10, 1882. the couple re-.
moved to Sound Beach. Conn, aud lees
than year later. the baby, whose brief
..-,s,snee CAUSED No much trouble, was
born. III, says the rumpinlnt, "liin ~.
Pike gave birth lo any child, ~ alleged,
Daniel j. stack was not its father and the
child was lrludulcntly imposed and ioislcd
upon him."
There Is no doubt tina, Young Stack rec.
ognizod Helen ~ his daughter. A few
days after the dpcrcc ol divorce WINS
granted he took u living trip to Philadcl.
phia With Miss Johnson and went through
the ceremony was brought about hy fraud
and deceit, while the man was IN imbc-
Gle and Of unsnund mind and otherwise
incapable OF entering into any mmr.as~
contract,
After Stacks death. Mrs. Pike filed In
the siuwe ile'a olhr hie will, hruuraihing
10 her the entire estate aud making her
sole Cxccuiux This instrument was adj
milicd a. probate, though Oh MI stack
insists that lis son WIS utterly incapable
II understanding Wll. be- was lour ni the
time oi 10, alleged execution, aud That The
signature was procured bv force aud un.
due influence cAcHud bv Mn Pike nnd
other persons acting In collision with her.
lie doclans that the Womans proceedings
from beginning to end wcrc rift Of her
scheme 90 l.oi posses sion Of The money.
lie asks llr an Injunction restraining her
from dispu.iug Of any II the property in
her hands aud prohibiting NJ. tairhIld
from making any payments % her Ills
suit Is. boz bnri, 10 have tho court mo.
nuuncr toe second marriage void. declare
that Daniel Stack was not thc father of thc
child Helen. Who has inru died. ml rr-
woke the probate Of the will.
II the marriage Il found 90 have been
%
~, would yet the estate subject 10 thr
widows dover ii the will h oyprthruWn.
The questions oi law involved nee very
interesting. Under doe laws ol rcunsyI
Nuuin. Wlerv the srvunl marfiarr t1.k
place. Else lu.haud uho has brcn rp,.t, oi
lnIiIplly H prohibited irln MARRYING th,
Nuinlu with whom thc olrn.r Was giti,.
mliyi, during the lifetime NJ Dis turn..r
vile. Nr Stacks HIur.s. .ry thlt ID Nius
Iva l. Stack bad obtained hDf di,ur., ip
Icnnsi iNaHI lHr husband mult r1uII
not have married IUa johnson ip tII1t
Siaic, anil consequently could uu, have
lcfiumIa'd the child
The validity 81 tho mBuiarr must La
decided hy the law Of jbp place whore ID is
celebrated, aud II valid Thorn 10 b. 81, held
everywhere. lt u asserted ihat FD,k'r
second venture was illegal 10 r,nnsyl.
wanna, though b D.. hal bad the ceremony
performed in Connecticut. ah.r, lr v..
living 90 ihg time. 30 would nr,r been t,..
iccily good. as ihr -itfy's s'uiut.. Ll,e uo
rtiucilun loo such cases.
Pennsylvania has SUr, hHrrrI ri4tri,
providing ihst Elm m, ma over, rIsr
where the lathpr aul mother vi. au .Irriii.
male child shall enter into DO. bond. al
wcdl0ck and D0lHHIt mgh child fI.U
hcuby become legitimate alU aH'uy an
the rights and privilege OH Do Iu or rbp
bad been bonn during tlr N.I.,a." m
Other Wonls, tho marriage b. rld, to dItr
back 10 thu birth of q child This statute
b founded on public policy aud seeks io
remedy tho EIipa anil lal.s from thr strict
path u morality 90 which men and women
arc prone. ihe claim b. made tbat llclrn
could not Doe lcgtmIz.d by The runtyl.